Kolkata Court December 1938 Judgments
Sm. Indubala Devi Vs. Satchid Prosad
Court: Kolkata
Decided on: Dec-22-1938
Reported in: AIR1939Cal333
ORDEREdgley, J.1. In this case the petitioner filed an application for maintenance under Section 488, Criminal P.C., in the Court of the Chief Presidency Magistrate, Calcutta. Her case was that her husband was employed under the Bengal Home Industrial Association at No. 42 Chowringhee Road, Calcutta, on a salary of Rs. 100 per mensem, and that he had neglected to maintain her. She maintained that his present total income amounted to about Rs. 300 per mensem.2. The learned Chief Presidency Magistrate rejected the petitioner's application on the ground that he had no jurisdiction to entertain it. In his order he stated with reference to the construction of Section 488(8), Criminal P.C.:In my opinion 'is' refers only to oases where the opposite party may have no permanent residence, but only a temporary residence. If he has a permanent residence, the Court within which that is situated is the proper forum.3. Admittedly, in this case, the opposite party has a permanent residence within the...
Tag this Judgment!Suradhani Debya Choudhurani W/O Lalit Kishore Acharya Choudhury Vs. Ra ...
Court: Kolkata
Decided on: Dec-21-1938
Reported in: AIR1939Cal379
Mukherjea, J.1. The appeal before us is against the decision of the District Judge of Mymensingh passed in a suit for obtaining a probate of the will of one Dwijendra Kishore Acharya Choudhury, a Hindu inhabitant of Muktagacha in the District of Mymensingh. The propounder is Raja Jagat Kishore Aeharya Choudhury, a somewhat distant relation of the testator, and there were several objectors including the testator's mother who is the only appellant before us. The testator died on 6th March 1930 and the two testamentary documents propounded by the plaintiff are a will and a codicil which are alleged to have been executed on 8th August 1928 and 3rd October of the same year, respectively. Dwijendra did not marry and at the time-of his death he had as his near relations his mother, Suradhani, the appellant before us, two sisters, viz. Charuhaahini and Tarubala of whom Charuhashini is a widow and four sisters' sons, to wit Santi, Sudhansu, Gobinda, Dhirendra and Dabi. Santi is the son of Saila...
Tag this Judgment!Pasupati Karmakar Vs. Emperor
Court: Kolkata
Decided on: Dec-20-1938
Reported in: AIR1939Cal528
ORDEREdgley, J.1. In this case, the petitioner hag been convicted under Section 76(b), Bengal Embankment Act 2 of 1882. It appears that he constructed a hut on the space between the river Peali and the embankment of this river and thereby obstructed the course of the river within the meaning of Section 76(b) of the Act. It is contended by the learned advocate for the petitioner that Section 76(b) cannot apply in a case in which the course of a river has been obstructed, and he maintains that this part of the Section is only intended to apply to watercourses such as those mentioned in the definition of the expression 'water-course' in Section 3 of the Act. This definition is however not exhaustive. With regard to this matter, I agree with the view held by M.C. Ghose J. in Emperor v. Lakshmi Narain : AIR1934Cal836 . In that case the learned Judge observes:The definition of 'water-course' in the Embankment Act includes a line of drainage, weir, culvert, pips or other channel, whether natu...
Tag this Judgment!Syed Abdul Jalil and ors. Vs. Emperor
Court: Kolkata
Decided on: Dec-20-1938
Reported in: AIR1939Cal539
Henderson, J.1. The appellants have all been convicted of an offence punishable under Section 302 read with Section 120-B, Penal Code, for conspiring to murder one Saharulla Bepari. In the Sessions Court a further charge was added to the effect that they also conspired to commit an offence punishable under Section 201 of the Code. This of course is quite meaningless. If the body was in fact concealed, this was done in order to cover up the tracka of the suecessful conspirators. However, the learned Deputy Legal Remembrancer did not attempt to support this second conspiracy finding and it is not necessary for us to say anything more about it. It appears that Saharulla was a litigious and unpopular money-lender with several enemies. On 8th January last he went to Kurigram where he had a case in one of the Civil Courts. He asked the appellant Tangura to meet him at the station in the evening and to escort him home. He returned by the evening train accompanied by a doctor Gafur Ali Sarkar ...
Tag this Judgment!In Re: Goods of Nani Lal Das
Court: Kolkata
Decided on: Dec-19-1938
Reported in: AIR1939Cal737
Ameer Ali, J.1. In this matter I am much indebted to the assistance of Mr. Mitra whom I asked to argue the matter and I will consider the judgment now given after further perusal of the note which he has handed in. This is an application by the administratrix for her own discharge and the discharge of her surety, the Alliance Assurance Co., from the bonds given to the Court. The administratrix filed her inventory and her account and the petition states that the estate has been duly administered. The practical difficulty involved is that the Assurance Company, like other companies doing suretyship work, continues to charge an annual premium until some order of Court is obtained.2. I have repeatedly expressed a doubt whether such orders should or can be made by this Court and I asked the office in this case to report upon the practice. The office reported that orders of this kind have be come the practice either in an unconditional form or without prejudice to anything done or undone by ...
Tag this Judgment!Sk. Badal Ali Vs. Emperor
Court: Kolkata
Decided on: Dec-16-1938
Reported in: AIR1939Cal304
Henderson, J.1. The petitioner who is a constable attached to the Calcutta Police has been convicted of extortion by the learned Chief Presidency Magistrate. He then obtained this rule on grounds Nos. 1 and 4 attached to the petition. At the hearing Mr. Mukherjee stated that Ground No. 1 was based upon a misapprehension and he only pressed ground No. 4 which is in these terms:For that the order complained of is based on inadmissible evidence, e.g. the Magistrate's experiment and the police report.2. It would have been simpler to say that the Magistrate had contravened the provisions of Section 539-B, Criminal P.C. What happened was this : The Magistrate had to determine whether he was prepared to accept the evidence of identification, the defence being that the case was one of mistaken identity. He visited the spot one evening and came to the conclusion that there was sufficient light to enable any body to mark closely the features of a stranger. Now it is laid down in Section 539-B Cr...
Tag this Judgment!Gurmukh Rai Ghanasyamdas, Firm Vs. E.F. Lawson, Manager, Morongibagan ...
Court: Kolkata
Decided on: Dec-16-1938
Reported in: AIR1939Cal316
1. The appellant obtained a decree for money for Rs. 7191 against one Mannalal Hanumanbux from this Court in its original jurisdiction on 11th January 1935. That decree was transferred to Sibsagar for execution, and on 28th January 1935 the decree-holder applied for execution of the same in the Court of the Subordinate Judge of the place. His application for execution was numbered 6 of 1935. The mode in which execution was sought for was by the attachment and sale of the judgment-debtor's moveables specified in Schedule Ka and his immovable properties specified in Schedule Kha attached to the application for execution. In this appeal, we are concerned with his moveables stored in a shop situated in a tea garden, named the Morongi gardens. Those moveables were actually attached by an officer of the Court on 1st February 1935. They were not however removed to the Court house but were eventually left with R.P. Lawson, the manager of the said tea garden, the latter executing a security bon...
Tag this Judgment!Nur Mia and anr. Vs. Noakhali Nath Bank Ltd.
Court: Kolkata
Decided on: Dec-15-1938
Reported in: AIR1939Cal298
S.K. Ghose, J.1. The questions for decision arise out of a reference under 0rder 46, Rule 1, Civil P.C., and a civil revision case started on a petition. In both cases the Court had received notice for stay of proceedings under Section 34, Bengal Agricultural Debtors Act of 1935. In both cases, the common question is whether the Court on receipt of such notice has jurisdiction to go into the question whether the debt in respect of which a proceeding is pending is a debt as denned in the Bengal Agricultural Debtors Act and, if the Court finds that the debt does not come within the definition, whether in that case the Court can disobey the notice for stay under Section 34. In both cases the creditors are the Naokhali Nath Bank Limited, but the judgment-debtors are different. In the reference case, the creditors instituted the suit on 3rd March 1938. Thereafter, a notice under Section 34, Bengal Agricultural Debtors Act, was received and in pursuance thereof proceedings were stayed. The p...
Tag this Judgment!Raghubir Singh Chetri Vs. Tezpur Local Board and anr.
Court: Kolkata
Decided on: Dec-15-1938
Reported in: AIR1939Cal587
Edgley, J.1. In this case, the Local Board of Tezpur have sought to recover by a civil suit a certain sum of money due from the defendants in their capacity as the lessees of the Borgong Hat. In view of the provisions of Section 93-A, Assam Local Self-Government Act, there is no doubt that the amount due to the Board may be recovered as if the same were an arrear of land revenue recoverable under the Assam Land and Revenue Regulation 1886, but the question for consideration is whether this Regulation will have the effect of preventing the Board from realizing their dues by instituting a civil suit if they prefer to adopt the latter procedure. The learned Munsif held that the effect of Section 154(1), Assam Land and Revenue Regulations, was to debar the Board from instituting a civil suit in connexion with this matter. A contrary view has been adopted by the learned Subordinate Judge. The relevant provisions of Section 154 of the Regulation are as follows:Section 154(1). - Except when o...
Tag this Judgment!Smt. Kamini Dasi W/O Gobinda Chandra Das Vs. Hari Pada Dutt
Court: Kolkata
Decided on: Dec-14-1938
Reported in: AIR1939Cal416
Jack, J.1. This appeal has arisen out of a suit for recovery of produce rent of the plaintiff's half share of the rent of certain land described in the plaint on the basis of a kabuliat. The defence was that at the time of the execution of the kabuliat there was a pre-existing tenancy and therefore defendant 1 had no right to execute the kabuliat at the rate of rent claimed by the plaintiff. The suit was decreed at the kabuliat rate in both the Courts. The two points raised in this appeal are, firstly, that the sole-nama Ex. 1(A) was wrongly held to be inadmissible in evidence owing to not being registered, and secondly, that the rate of rent was res judicata having been decided as between the parties in a previous suit and that the admissibility of the solenama is also res judicata inasmuch as it was admitted in a previous suit between the parties. As regards the admissibility of the solenama it seems clear that inasmuch as it was an agreement purporting to vary the rent reserved in a...
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