Kolkata Court August 1938 Judgments
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Thakamani Debi Vs. Nepal Chandra Bhattacharyya
Court: Kolkata
Decided on: Aug-02-1938
Reported in: AIR1938Cal704
Bartley, J.1. In this case one Nepal Chandra Bhattacharjee, a police constable, lodged a complaint in the Court of the Sub-Divisional Officer of Alipore against four persons charging them with an offence under Section 497, I.P.C. The gist of the com-plaint was that they were carrying on an intrigue with his wife who is the petitioner in the present matter. On receipt of that complaint the learned Magistrate issued a warrant under Section 100, Criminal P.C., against the wife and when she had been arrested under that warrant, he proceeded to make an order consigning her to a certain Asram in Calcutta, and directing her to be produced from there on the next day fixed for the case. The wife, Thakamani Debi, has moved this Court against that order. It seems perfectly clear that the order made by the learned Magistrate is without jurisdiction. There was no allegation in the complaint that the woman was confined under circumstances in which that confinement would amount to an offence. Without...
Midnapore Zamindary Co. Ltd. Vs. Secretary of State
Court: Kolkata
Decided on: Aug-01-1938
Reported in: AIR1938Cal804
R.C. Mitter, J.1. This appeal is on behalf of the plaintiff, the Midnapore Zamindary Co. Ltd., herein referred to as the Company, in a suit for declaration of certain rights in property. It has been dismissed by the learned Subordinate Judge of Nadia by his judgment and decree dated 19th December 1934. To follow the points raised in the appeal a short history of the Estate called Char Marichardiar bearing touzi No. 1905 of the Rajshahi Collectorate, now touzi No. 3520 of the Nadia Collectorate (herein referred to as the chur), within which the lands in suit are situate and the precise nature of the Company's claim have to be noticed. In or about 1840 a vast island chur was formed in the bed of the river Padma and became fit for occupation. Robert Watson & Co. (to be called the Watsons), who were in possession of some asli lands in the neighbourhood came upon this chur in 1841 and began to possess it. Adjoining riparian proprietors laid claim to different portions of this chur either on...
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