Kolkata Court August 1938 Judgments
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Tarak Chandra Das Vs. Chief Executive Officer, Corporation of Calcutta
Court: Kolkata
Decided on: Aug-10-1938
Reported in: AIR1939Cal285
Jack, J.1. This appeal has arisen out of a suit for declaration that an order for demolition of the plaintiff's second storey, erected over a privy connected with his premises at 31/1 Girish Mukerji Road, is illegal and not binding on the plaintiff and for a permanent injunction restraining the Calcutta Municipal Corporation from executing this order of the Municipal Magistrate. The suit has been dismissed by both the. Courts below on the ground that the Civil Court had no jurisdiction to interfere in revision with such an order of the Municipal Magistrate and also that the Magistrate's order was a legal one and should not be interfered with on the merits. The plaintiff applied for sanction to build a privy on the ground floor and he also wanted to build a second storey on the first floor. Eventually he was allowed to build a privy on the ground floor on condition that he did not apply for building one on the first floor. However, having built a privy on the ground floor, he also built...
Ali Hyder Vs. Emperor
Court: Kolkata
Decided on: Aug-09-1938
Reported in: AIR1938Cal769
Bartley, J. 1. The appellants have been convicted, in accordance with the majority verdict of the jury upon a series of charges framed under Sections 342 and 376, I.P.C. They have been convicted unanimously in respect of two connected charges, that is to say, two charges based on the same incident under Sections 342 and 376, I.P.C. One of them has also been convicted under Section 377, I.P.C. The case is one of an unusual nature, and is only too clear that it has been mishandled in the Court below by the prosecution, by the defence, and by the learned Judge. The prosecution was so ill-advised as to resist, successfully, a perfectly valid objection to the multiplicity of the charges preferred and investigated in a single proceeding. The defence was so ill-advised as to set up a case which has been completely abandoned in this Court to the extent of a specific disclaimer by the learned advocate appearing for four of the appellants. The charge of the learned Judge is marred by unnecessary...
Dwarika Nath Saha Poddar Vs. Rasik Lal Saha Poddar and ors.
Court: Kolkata
Decided on: Aug-09-1938
Reported in: AIR1939Cal19
ORDEREdgley, J.1. The landlord is the petitioner in this case. In the lower Court he applied under Section 26(j), Ben. Ten. Act, for the payment to him of the balance of the landlord's fees due to him in respect of the transfer of a certain occupancy holding which took place on 4th September 1933. The landlord's fees were paid by the opposite parties on the footing that the land which was transferred to opposite party No. 1 was a holding held at a fixed rate of rent. The landlord's contention on the other hand is that the holding in question was an ordinary raiyati holding the rent of which is liable to enhancement. The Record of Eights is in favour of the landlord and it describes the transferred holding as being that of a settled raiyat. The evidence given by both the contesting parties in the Courts below was somewhat meagre. The landlord produced the Record of Eights and opposite party No. 1 produced a potta of 1864 whereby the land, which is the subject matter of this application,...
Nishi Kanta Das Thakur and anr. Vs. Pramath Nath Das and anr.
Court: Kolkata
Decided on: Aug-05-1938
Reported in: AIR1938Cal785
M.C. Ghose, J.1. This is an application under Section 115, Civil P.C., by defendants 19 and 19-Ka in an administration suit. The plaintiff instituted a suit against defendant 1 for the administration of the estate of his deceased father. The other creditors including the present petitioners were made defendants in the said suit. The petitioners proved that the deceased owed to them a sum of over Rs. 18,000. The claim was accepted as correct by the Court. Then a certain pleader of Dacca was appointed a Receiver. He collected a certain amount of money and deposited it in Court, whereupon the Court on 20th February 1937, directed distribution of dividends to the extent of 7 1/2 per cent. of their claims to the creditors whose claims had been proved. The Receiver then asked the creditors to take their dues after paying proper court-fees in Court. The petitioners stated in reply that they were not liable to pay court-fees on the entire claim, inasmuch as the estate of the debtor would not b...
Sarat Chandra Guha Vs. Kali Pada Roy and ors.
Court: Kolkata
Decided on: Aug-05-1938
Reported in: AIR1939Cal254
B.K. Mukherjea, J.1. This is an appeal on behalf of the Chairman, Barisal Municipality, who was the defendant in a suit commenced by the plaintiffs for restoration of the connexion of filtered water supply in their house, which was alleged to have been illegally cut off by the Municipality. There was also a claim for damages to the extent of Rs. 250. It appears that the plaintiff's father who was a pleader at Barisal, owned a house in the town which has been now inherited by the plaintiffs. The plaintiffs' father got house connexion for supply of filtered water with the main service pipe of the Municipality some time in the year 1914 and it is not disputed that at that time a meter was set up by the Plumber under the supervision of the municipal authorities, the coat of which was paid by the plaintiffs' father. It is found by the Courts below on evidence, that the meter thus setup gradually deteriorated and in 1927 it became practically useless. Notices were served upon the plaintiffs ...
Cyril Bertram Plucknett Vs. Emperor
Court: Kolkata
Decided on: Aug-05-1938
Reported in: AIR1939Cal682
Costello, J.1. This is an application on behalf of Cyril Bertram Plucknett who was tried before Sen J. and a special jury in the High Court Sessions on a charge of murder by causing the death of one Edward Gordon Jones and thereby committing an offence under Section 302, I. P.C. Cyril Bertram Plucknett was, by the unanimous verdict of the jury, found guilty of murder and sentenced to death. An application was made on his behalf to the Advocate-General of Bengal for a fiat under the provisions of Clause 26 of the Letters Patent of this High Court. The preceding Clause (i.e., Clause 25) provides as follows:There shall be no appeal to the High Court from any sentence or order passed or made in any criminal trial before the Courts of original criminal jurisdiction, which may be constituted by one or more Judges of the High Court. But it shall be at the discretion of any such Court to reserve any point or points of law for the opinion of the said High Court.2. No point of law was in fact re...
Sudhindra Kumar Rai Chaudhuri and ors. Vs. Ganesh Chandra Ganguli and ...
Court: Kolkata
Decided on: Aug-04-1938
Reported in: AIR1938Cal840
Derbyshire, C.J.1. This is an appeal' from a judgment of the Subordinate Judge of the 24-Parganas in Title Suit No. 124 of 1935 wherein the learned Judge found for the plaintiffs and decreed the sale of a certain property under a mortgage. The facts are stated as follows by the learned Subordinate Judge in his judgment: Defendant 1 had a half share in premises No. 1 Pudmapukur Lane and 46 Lansdowne Road; his mother Jaikali had a right of maintenance from and Residence in the same properties. On 22nd September 1916, they mortgaged their interest in the properties to Kalidas Roy Chowdhury for Rs. 10,500 and on 16th February 1919, they executed a second mortgage in his favour for Rupees 1350. The mortgages were taken by Kalidas Roy Chowdhury in the benami of one Girindra Nath Mitra, who executed a deed of release in favour of Kalidas. From their dues to the plaintiff Bank, Kalidas and his-son Jitendra, defendant 3, executed in favour of the plaintiff Bank a bond on 27th June 1925, sub-mor...
Debi Prosanna Ghosh Vs. Indra NaraIn Pal and ors.
Court: Kolkata
Decided on: Aug-03-1938
Reported in: AIR1938Cal791
Edgley, J.1. The judgment-debtor is the appellant in this case. It appears that the decree-holders applied for the execution of a decree for costs which they had obtained against the appellant. The decree was passed by the District Judge of Birbhum on 14th July 1934. The decree-holders applied for execution in the Court of the First Munsif at Rampurhat on 14th July 1937. Admittedly, the Court of the First Munsif had no jurisdiction to entertain this application. It was consequently returned by him for presentation to the proper Court on 15th July 1937, and on the same day, it was presented by the decree-holder to the Court of the Second Munsif of Rampurhat. The Court of first instance dismissed the application for execution on the ground that it was barred by limitation. This decision was however reversed by the lower Appellate Court on the ground that the application was not time-barred, having regard to the provisions of Section 14 (2), Limitation Act (Act 9 of 1908). With regard to ...
Nerode Chandra Mallik Vs. Official Trustee of Bengal, Trustee to the E ...
Court: Kolkata
Decided on: Aug-03-1938
Reported in: AIR1938Cal798
1. This appeal is on behalf of the decree-holder and is directed against an order of the learned Subordinate Judge, Second Court, Bakerganj, by which ha allowed an application filed by the Official Trustee of Bengal representing judgment-debtor 1 under the provisions of Order 21, Rule 90, Civil P.C. The decree-holder obtained a decree under Order 34, Rule 6 from this Court for Rs. 20,742 plus costs on 23rd August 1933. This decree was transferred for execution to the Court of the District Judge of Bakerganj and was eventually executed by the Subordinate Judge of that place. There are two sets of judgment-debtors, judgment-debtor 1, (being a minor) Manik Lal Mitter; and the second set consists of two persons, both, minors Samarendra Nath Mitter and Mukul Chandra Mitter, being the sons of Sourendra. It is admitted that in the properties which were put up to sale, Manik Lal had a third undivided share and the other two judgment-debtors had a sixth share. The properties which were attached...
Cyril Bertram Plucknett Vs. Emperor
Court: Kolkata
Decided on: Aug-03-1938
Reported in: AIR1939Cal545
Derbyshire, C.J.1. This is an application made on behalf of Cyril Bertram Plucknett for leave to appeal to a Bench of this Court from a conviction for murder recorded against him in the Sessions of this Court on 16th June and a sentence of death for the offence of murder passed upon him on that date. The accused was tried before Sen J. and a jury of nine, five of whom were Europeans and four Indians. The applicant is described as an Anglo-Indian. He makes his application under Section 449, Criminal P. C. The history of the matter is this. On 2nd May this year the applicant was living in a room with a bath-room attached in a block of buildings at 27-B Central Avenue. At about ten o'clock that night the durwan, in the course of his rounds, noticed the door of the room of the applicant open and the light on. He went in and found there the body of a man afterwards identified as that of Edward Gordon Jones who was also an Anglo-Indian. Jones was still alive, but there were marks of blood on...
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