Kolkata Court September 1937 Judgments
Abdul Latif Vs. Emperor
Court: Kolkata
Decided on: Sep-02-1937
Reported in: AIR1938Cal237
B.K. Mukherjea, J. 1. The appellant in this case is one Abdul Latif who has been convicted by the Chief Presidency Magistrate, Calcutta, under Section 44, Calcutta Police Act, (Act 4 of 1866), and sentenced to pay a fine of Rs. 250 only. In default he has to suffer rigorous imprisonment for a period of one month. There is not much dispute about the facts of this case which lie within a short compass. On 5th September 1936 Sub-Inspector Jennings of the Calcutta police, who is the first witness for the prosecution, searched a shop-room in premises no. 7 Ripon's Lane, Calcutta, which is admittedly in occupation of the accused and the search was made under a warrant issued under Section 46, Calcutta Police Act, signed by the Deputy Commissioner of Police, Southern Division. The Sub-Inspector found the accused and several other persons at the shop-room and on search of the premises certain race-books, race handicap sheets, and other papers were seized by the police. The learned Magistrate f...
Tag this Judgment!Haribilash Show and ors. Vs. Naraindas Agarwalla
Court: Kolkata
Decided on: Sep-02-1937
Reported in: AIR1938Cal669
ORDERB.K. Mukherjea, J.1. This is a Rule obtained on behalf of three persons who have been convicted by Mr. C.C. Gupta, Magistrate, First Class, Hooghly, under Section 426, I.P.C., and sentenced to pay fine of Rs. 25 each; in default to undergo rigorous imprisonment for one week. Out of the fine a sum of Rs. 30 was directed to be paid to the complainant as compensation. The facts of the case are for the most part undisputed. The complainant has got a house and a privy upon plot No. 630 of Mauza Shibpur which he purchased from one Panchanan Kundu by a registered deed of sale dated 21st December 1936. On the west side of this land there is an ijmali passage described as the western boundary in the kobala, and this passage runs north to south, and is about 49 feet long. It has been found by the trial Magistrate that the accused have their land on the west and north of this passage, and that there was a kachcha drain on the northern part of the passage to the extent of about 9 feet which s...
Tag this Judgment!Loke Nath Sen Vs. Aswini Kumar Dey
Court: Kolkata
Decided on: Sep-01-1937
Reported in: AIR1938Cal216
ORDERBiswas, J.1. The petitioner in this case has been convicted under Sections 482 and 486, I.P.C. for using a false trade mark and selling goods marked with a counterfeit trade mark. The trying Magistrate fined him Ha. 100 under each section, in default sentenced him to simple imprisonment for three months. On appeal, the learned' Sessions Judge maintained the fine under Section 482 only, passing no separate sentence under the other section.2. Both parties are dealers in and manufacturers of umbrellas at Mymensingh. The complainant's business is of over 25 years' standing, while the accused is said to have been carrying on his business for ten years or so. The prosecution case in that the complainant manufactures three brands of umbrellas, which are all known in the market as 'Aswini Chhati' after the name of the complainant Aswini Kumar De. One of these brands bears a design printed on the inside, being Ex. 1 in the case, and it is this which the accused is charged with having infri...
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