Kolkata Court January 1939 Judgments
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Ekkari Das and anr. Vs. Emperor
Court: Kolkata
Decided on: Jan-06-1939
Reported in: AIR1939Cal290
Henderson, J.1. This is a rule calling, upon the District Magistrate of 24-Paraganas to show cause why the conviction of the petitioners under Section 9, Bengal Suppression of Immoral Traffic Act, should not be set aside. The prosecution arose in connexion with a girl named Rani Bala. She apparently ran away with a young man named Nand Lai Das and lived with him for a day or two as husband and wife. He then left her. She was then taken by the appellants to the house of a woman named Anilabala, a prostitute, who was also an accused person. On these facts charges were framed against the appellants both under Section 366-A, I. P.C., and under Section 9 of Bengal Act 6 of 1933. We are quite clear that the latter Act was never intended to apply to a case of this sort and it is extremely regrettable that this second charge was ever framed. The jury brought in an extraordinary verdict. They unanimously acquitted the appellants of the offences under the Penal Code and unanimously convicted the...
Jewan Ram Gangaram and Co. Vs. Commissioners for Port of Calcutta
Court: Kolkata
Decided on: Jan-06-1939
Reported in: AIR1939Cal308
S.K. Ghose, J.1. The applicants before as are defendants in Title Suit No. 11 of 1937 which was decreed on 21st September 1938. One of the terms of the decree which is material to the present purpose is that the applicants were ordered to remove certain buildings and structures on the land in suit within three months from the date of the decree. Against that decree the applicants preferred an appeal to this Court on 28th November 1938. That appeal is pending. On 2nd December 1938, the applicants being desirous of the execution of the decree being stayed filed an application to that effect in this Court. On 5th December 1938 that application was summarily dismissed. Thereafter the petitioners on 9th December 1938, applied to this Bench for the grant of certificate of leave to appeal to his Majesty in Council. On 12th December 1938, that application was refused by this Bench. It is stated in the present application before us that the petitioners took steps to file an application for spec...
Jung Bahadur Misir and ors. Vs. Mahadeo Shaw and anr.
Court: Kolkata
Decided on: Jan-06-1939
Reported in: AIR1939Cal320
Bartly, J.1. This rule was issued upon the District Magistrate of Howrah and on the petitioners to show cause why the convictions of the petitioners and sentences passed on them under Section 452, I.P.C., and an order made under Section 106, Criminal P.C., should not be set aside. Mr. Noad for the petitioners does not now seriously challenge the conviction under Section 452, His point is that the order under Section 106 should be set aside. It would appear that in the lower Court the petitioners were convicted of rioting. The order under Section 106 was passed upon a petition made by the Court Sub-Inspector requesting that if the petitioners were convicted of rioting, they should be bound down under Section 106. In the Court of appeal the conviction under Section 147 was set aside. The learned Judge however held that an order under Section 106 might follow a conviction under Section 452 and added that in his opinion the present case was an appropriate one for making such an order. The ...
Syed Muhammed Asraf Ali Vs. Nabejan Bibi W/O Imanali and anr.
Court: Kolkata
Decided on: Jan-06-1939
Reported in: AIR1939Cal581
Edgley, J.1. In this case, opposite party No. 2, Tafejjal Ahmed Choudhury, brought a rent suit against opposite party No. 1, Nabejan Bibi, and obtained a rent decree which he put into execution in Execution Case No. 687 of 1937 and in due course he brought to sale the holding of the judgment, debtor. On 7th July 1937, the judgment, debtor applied to the executing Court under Section 174, Bengal Tenancy Act, to have the sale set aside. The executing Court on 26th November 1937, passed the following order with regard to this application:The application is allowed on contest and the sale is sec aside, provided the petitioner deposits the decretal amount within ten days hence, failing which the application shall stand dismissed.2. No deposit of the decretal amount was made within the time allowed with the result that' on 7th December 1937, a subsequent order was recorded by the learned Munsif directing that the Miscellaneous Case should be treated as dismissed in the terms of the judgment,...
Sew Ratan Lal Binani Vs. Emperor
Court: Kolkata
Decided on: Jan-05-1939
Reported in: AIR1939Cal288
Bartley, J.1. This rule was issued upon the Chief Presidency Magistrate to show cause why the conviction of the petitioner under Section 211, Penal Code, and the sentence of imprisonment and the fine passed upon him should not be set aside. The petitioner filed a complaint before the Additional Chief Presidency Magistrate under Sections 5 and 6, Sarda Act, Act 11 of 1929 against two persons who, as he alleged, were responsible for bringing about a child marriage within the meaning of that Act. This com plaint was enquired into in the manner directed by Section 10 of the Act, and was dismissed, the Magistrate declaring that it was a false complaint. Shortly afterwards the learned Magistrate directed a complaint to be lodged under Section 211, Penal Code, against the present petitioner. Now the only specific finding arrived at by the learned Presidency Magistrate, who tried the present case, is that the petitioner brought a false complaint under Sections 5 and 6 of the Act (Act 11 of 192...
Sudhir Kumar Roy Vs. Emperor
Court: Kolkata
Decided on: Jan-05-1939
Reported in: AIR1939Cal326
ORDEREdgley, J.1. In this case, the petitioner has been convicted under Section 45, Calcutta Police Act (Bengal Act 4 of 1866). It is said that he was found in a common gaming house which was Used for the purpose of gambling in connexion with horse-racing. In the case of this sort, the onus clearly lay upon the prosecution to show that the house in which the petitioner was found was a common gaming house as denned in Section 3 of the Act. In order to satisfy the requirements of this Section, it would be for the prosecution to show that instruments of gaming were kept or used in that house for the profit or gain of the person owning, occupying using or keeping such house.2. It is said, that the petitioner was found with Ex. 2 which is a slip of paper containing certain figures and the names of race-horses and also with a sum of money in his pocket. I have examined the slip of paper; and, in my opinion, it cannot be said that it fulfils the requirements of the definition of 'instruments ...
Commissioner of Wakfs Vs. Narasingh Chandra Daw and Co. and ors.
Court: Kolkata
Decided on: Jan-05-1939
Reported in: AIR1939Cal648
S.K. Ghose, J.1. Civil Revision Cases-Nos. 633 of 1938 and 679 of 1938.havebeen brought up together. It has been pointed out to us that the former case has become infructuous by reason of the fact that the suit out of which the matter arose was withdrawn by the plaintiff even before the rule was is sued by this Court on 6th May 1938. That being so, the rule must stand discharged. In the other Civil Revision Case No. 679 of 1938, the question that arises for decision is whether Section 70, Bengal Wakf Act, 1934, has application outside the province of Bengal. The relevant facts are these. The opposite party is the mutwalli of a wakf created by a resident of Dacca with respect to properties situated partly in Bengal and partly in Assam. The said wakf has been duly enrolled under Section 44, Bengal Wakf Act, 1934, in the office of the Commissioner of Wakfs who is the petitioner in this case. The wakif had a firm operating at Dhubri in Assam. The decree, holder opposite party obtained a de...
Abinash Chandra Roy and ors. Vs. Tara Prasanna Roy and ors.
Court: Kolkata
Decided on: Jan-04-1939
Reported in: AIR1939Cal295
Sen, J.1. This appeal arises in a suit for a declaration of title to certain land and for joint khas possession therein. The defendants are the appellants. The plaintiffs' case briefly is as follows : There is non-transferable occupancy holding which was held by one Sheikh Kalu under the plaintiffs and the defendants. The plaintiffs had a nine annas share in the superior interest and the defendants a seven annas share. In a sale in execution of a money decree the defendants purchased the interest of Kalu's heirs in the holding. This was before the new Bengal Tenancy Act came into operation. Thereafter the heirs of Kalu abandoned the holding and the defendants went into occupation thereof. The plain, tiffs claim that they are entitled to compensation from the defendants to the extent of their share in the superior interest for the years 1340-1342 B.S. and to joint possession of the land also to the extent of their nine annas share. The defence taken was that the holding was purchased in...
Amal Chandra Banerjee Vs. Ram Swarup Agarwalla
Court: Kolkata
Decided on: Jan-04-1939
Reported in: AIR1939Cal310
ORDEREdgley, J.1. This rule is directed against an order of the learned Additional Judge of Alipur, dated 29th April 1938, under which he dismissed an application which had been filed by the petitioner Amal Chandra Banerjee, in which the latter asked that an execution sale which had been held on 25th February 1937 might be set aside and that he might be allowed a refund of the purchase money which he had paid in his capacity as auction purchaser at the sale. The facts of the case are briefly as follows : Opposite party No. 1 Ram Swarup Agarwalla, obtained a decree in suit No. 1189 of 1935 on the Original Side of this Court. This decree was transferred for execution against the judgment-debtors to the District Court of the 24-Parganas. On 11th September 1936 the decree-holder duly attached some property belonging to the judgment-debtors which comprised premises No. 5, Southern Avenue. He caused a sale proclamation to be issued on 10th January 1937 and on 25th February 1937 the property ...
Radha Ballav Pal and anr. Vs. Emperor
Court: Kolkata
Decided on: Jan-04-1939
Reported in: AIR1939Cal327
Bartley, J.1. The appellants in this case - Radha Ballav Pal and Ram Chandra Shee - have been convicted under Section 420 read with Section 120-B, I.P.C., and on seven separate counts under Section 420, I.P.C., They have been sentenced under the conspiracy charge to imprisonment and fine. The case against the appellants arose from a scheme of so-called insurance launched by what was known as Bharat Circulating Society. This society published widely in the press and elsewhere what is called a new attractive scheme which will confer money benefits on the policy-holders in the shape of twelve times the money each one had contributed. The main points of what may be called the prospectus were as follows:On receipt of Rs. 5 only the company will issue an acknowledgment receipt and will register the payee as one of the policy holders. The company will issue two fresh policies of the same value covering the original policies. In this way circulation will be going on by the issue of fresh polic...
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