Kolkata Court December 1938 Judgments
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Bhagabat Chandra Mandal Vs. Emperor
Court: Kolkata
Decided on: Dec-06-1938
Reported in: AIR1939Cal271
Bertley, J.1. This rule was issued on the District Magistrate of 24-parganas to show cause why the order of the Magistrate directing the prosecution of the petitioner under Section 182, I.P.C., should not be set aside. The material facts are that the petitioner lodged an information at a police station charging certain persons with offences under the Indian Penal Code. The police submitted a final report in which they asked that the petitioner should be prosecuted under Section 182. The petitioner was thereupon called upon to show cause why he should not be so prosecuted. In showing cause he said in effect that the police report was false. He also asked that a judicial enquiry should be held into the case and that the police be directed to submit a charge sheet. On this application the Magistrate directed his prosecution. The procedure adopted was clearly wrong. The petitioner's challenging the police report and reiterating the charges made before the police was clearly a complaint, an...
Nepal Chandra Bhattacharya Vs. Emperor
Court: Kolkata
Decided on: Dec-05-1938
Reported in: AIR1939Cal306
Bartley, J.1. This rule was issued on the District Magistrate of the 24-Pargan-nas to show cause why the conviction of the petitioner under Section 153-A, I.P.C., should not be set aside. Petitioner was convicted in respect of a speech made by him on 9th November 1937. The charge ultimately framed against him was in effect that he promoted enmity between employers and employees, who are two different classes of His Majesty's subjects. His speech, fairly construed, is an attack on the capitalist. The gist of it is this:The capitalist is the blood taker, or blood sucker; labour is the blood river. The world has two creeds only, capital and labour. Labour creates : capital takes the lion's share of the product. Their relation is that of man and tiger; the one with the advantage destroys the other. Every per-son in the world has a right to share in its good things. That is the crux of the matter, and there can be no peace until this principle is fought for and established.2. It is clear fr...
Jogendra Nath Roy Chaudhury Vs. Saroj Mohini Debi and ors.
Court: Kolkata
Decided on: Dec-05-1938
Reported in: AIR1939Cal366
Jack, J.1. This appeal has arisen out of a suit for assessment of rent. The defence case was that the land in suit was rent-free land. The Court of Appeal below has found that the presumption arising from the Record of Rights that the land is liable to assessment of rent has been rebutted. The learned Judge has also found that the evidence justifies the inference of lost grant of rent-free rights. In this appeal it is contended that the Court of Appeal below has wrongly relied upon the fact that rent was not paid for a considerable period in coming to the conclusion that the presumption arising upon the entry in the Record of Rights was rebutted, and a reference has been made to the case in Jagadeo Narain Singh v. Baldeo Singh (1922) 9 A.I.R. P.C. 272 in which it has been laid down thatmere non payment of rent or discontinuance of payment of rent has not, by itself, been held in India to create adverse possession.2. Reliance has also been placed upon the case in Brojendra Kishore v. Mo...
Hara Krishna Pramanik Vs. Indu Bala Dassi and ors.
Court: Kolkata
Decided on: Dec-02-1938
Reported in: AIR1939Cal279
B.K. Mukherjea, J.1. These connected rules are directed against certain orders passed by the Subordinate Judge of Nadia rejecting the application of the petitioners for rateable distribution under Section 73, Civil P.C., The facts, so far as they are material for our present purposes, may be briefly stated as follows : One Lakshmi Narayan Ganguly who is said to be a karta of a joint Hindu family consisting of himself and 14 other co-sharers was adjudicated an insolvent on the application of a creditor on 16th July 1935. The receiver in insolvency attempted to put up to sale not only the one-fourth share of Lakshmi Narayan in the joint properties of the family but the remaining three, fourths share owned by the other co-sharers as well on the footing that as the insolvent was the karta of a joint family business, he had a disposing power over the shares of the other coparceners to discharge the family debts and consequently these shares also vested in the receiver under Section 28, Prov...
Sm. Bibhabati Devi and ors. Vs. Kumar Ramendra Narayan Roy and anr.
Court: Kolkata
Decided on: Dec-02-1938
Reported in: AIR1939Cal672
Costello, J.1. This is an application made on behalf of Bibhabati Debi who is one of the appellants in the appeal now pending before this Court or rather not only pending but proceeding day by day before this Court. The application is also supported by or on behalf of the respondents in the appeal and in effect, therefore, it is a joint application by the principal parties in the appeal We were asked to issue a rule calling upon one Nagendra Nath Das to show cause why he should not be dealt with by the Court for a contempt constituted by or contained in a pamphlet printed in the Bengali language, the title of which rendered into English is 'Fight between the Rani and the Sannyasi (new series).' The pamphlet relates to what is commonly called the Bhowal Raj case and upon the outside page or cover of the pamphlet there appears a portrait of the plaintiff in that case in the dress of the Second Kumar of Bhowal. That portrait is one of the actual exhibits in the case being Ex. 58. The pamp...
Laycock Vs. Freeman, Hardy and Willis, Ltd.
Court: Kolkata
Decided on: Dec-02-1938
Reported in: [1939]7ITR237(Cal)
SIR WILFRED GREENE, M.R. - Prior to April 1, 1935, the respondents, Freeman, Hardy and Willis Ltd., were the owners of all the shares in two limited companies which manufactured boots and shoes at factories belonging to those companies. The respondents themselves are the well-known firm of boot and shoe retailers, and for the purpose of their retail business they purchased from those two subsidiary companies the whole of the products of their factories and sold them in their shops. The subsidiary companies, being the vendors of their shoes to the respondents, thereby, the virtue of those sales, made profits. The subsidiary companies and the respondents being in law separate entities, the sales, of course, were real sales. As from April 1, 1935, as the result of certain resolutions of the two subsidiary companies and certain sale agreements, the respondents acquired the goodwill of the business of those companies, together with their freehold land, factories, plant, and so forth. Puttin...
Satyandra Nath Mazumdar and anr. Vs. Emperor
Court: Kolkata
Decided on: Dec-01-1938
Reported in: AIR1939Cal270
Bertly, J.1. This rule was issued on the Chief Presidency Magistrate to show cause why the convictions of the petitioners who are the editor and printer and publisher of a vernacular newspaper Ananda Bazar Patrika should not be set aside. The petitioners have been convicted under Section 124-A, I.P.C, in connexion with a matter which appeared in print in the issue of the Ananda Bazar Patrika, dated 2nd March 1938. The matter in question was headed 'Condition of Political Prisoners in Midnapore Jail. Petition for interview with Mr. Subhas Bose.' It began by saying that on 7th February last the political prisoners in Midnapore Jail had sent reminders to Mahatma Gandhi and to the Government of Bengal regarding their demand for release. No reply had been received to this. It went on to say that it is reported that the condition of the political prisoners in Midnapore Jail is quite alarming. A jamadar there, accompanied by a party of sepoys, threatened them that lathi would be used on them ...
Ardha Chandra Saha Vs. Namani Garoani W/O Lalit Marak
Court: Kolkata
Decided on: Dec-01-1938
Reported in: AIR1939Cal323
Derbyshire, C.J.1. This is an appeal from a decision of the Additional District Judge of Mymensingh upholding the decision of the Subordinate Judge, First Court, of Mymensingh setting aside an order for the sale of a certain property under a final mortgage decree. The judgment-debtor respondent who is a widow apparently inherited the property, the subject of the sale, from her father. They are both members of that primitive community called Garos who live in the districts between Mymensingh and Assam. The Garos along with other primitive communities in Bengal who are grouped together under the name of Sonthals have been the subject of protective legislation by the Government of Bengal as will hereinafter be mentioned. The appellant, Ardha Chandra Saha, is a money lender and not a member of any of these primitive communities. In 1916, the judgment-debtor's father executed - so we are told at the Bar a simple mortgage in favour of the decree-holder and that mortgage was duly registered i...
Farok Ahmed Meah and ors. Vs. Lalit Mohan Choudhury and ors.
Court: Kolkata
Decided on: Dec-01-1938
Reported in: AIR1939Cal582
1. This appeal is on behalf of the plaintiffs and arises out of a suit which has been pending since the year 1922. The plaintiffs are the owners of a taraf known as taraf Azim Mukim and the defendants are the owners of another taraf named taraf Mahamed Bafi Khansama. Both these tarafs have lands in mouza Fatika in which there is a hat known as the Hazari Hat. The lands of the two tarafs are intermixed at this place so that the Hazari Hat is held on portions of land which appertain to taraf Azim Mukim and on portions which appertain to the other taraf Mahamed Bafi Khansama. There were disputes between the owners of the aforesaid two tarafs which were settled by an agreement executed on 12th Poush 1236 M.B. corresponding to a date in the year 1874. This is a very important document in the case and has been marked as Ex. 3. Even after this agreement, the terms of which we will hereafter examine in detail, disputes between the parties with regard to the realizations from the hat did not en...
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