Kolkata Court February 1940 Judgments
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Surendra Nath Sarkar and ors. Vs. Kali Pada Das
Court: Kolkata
Decided on: Feb-15-1940
Reported in: AIR1940Cal232
Henderson, J.1. These are two Rules calling upon the District Magistrate of Birbhum to show cause why certain proceedings taken against the petitioners for alleged offences against certain provisions of the Indian Companies Act and of the Penal Code should not be quashed. The complainant is a policy-holder of a company known as Nabasakti Insurance Company which has been incorporated both under Act 7 of 1913 and Act 5 of 1912. The petitioner Surendra Nath Sarkar is the manager of the company. The ground upon which the rule was issued is that the Magistrate has no jurisdiction to take proceedings in these matters on a private complaint. Mr. S.K. Basu appeared in support of the rule. I may note that in Case No. 823 the allegation is one of a falsification of accounts and in Case No. 825 various offences are alleged to have been committed against the provisions of the Indian Companies Act. Mr. Basu contended that the new Indian Companies Act has made elaborate provisions for the investigat...
Panchanan Mandal and anr. Vs. Sashi Bhusan Pradhan and ors.
Court: Kolkata
Decided on: Feb-15-1940
Reported in: AIR1940Cal281
Narsing Rau, J.1. The petitioners executed a usufructuary mortgage of certain occupancy holdings in favour of the predecessor in interest of the opposite parties on 5th March 1923 by way of security for a loan of Rupees 1750, the stipulation being that the mortgagee should enjoy the usufruct in lieu of interest. The deed was registered on 6th March 1923. On 10th March 1939 they applied to the Munsiff of the second Court at Contai under Section 26G, Ben. Ten. Act, to be restored to possession of the holdings, more than fifteen years having elapsed since the registration of the mortgage. The Munsiff dismissed the application of 12th July 1939. The present rule is directed against this order. Sub-section (5) of Section 26G, under which the application was made, runs thus:Notwithstanding anything contained in this Act or in any other law or in any contract, the consideration (with all interest thereon) for a complete usufructuary mortgage or for another form of usufructuary mortgage deemed...
Sreeram Saksena Vs. Emperor
Court: Kolkata
Decided on: Feb-15-1940
Reported in: AIR1940Cal290
Henderson, J.1. This is a rule calling; upon the Chief Presidency Magistrate, Calcutta, to show cause why the conviction of the petitioner under Section 292, I.P.C., should not be set aside. The prosecution was instituted in connexion with certain photographs which were reproduced by the petitioner by some mechanical process and then issued for sale in the streets. The learned Magistrate was right when he said that the only question for his determination was whether these postcards are obscene. They are all postcards of women in the nude. Blocks were prepared from photographic reproductions published in booklets entitled 'Perfect Womanhood', 'Sun Bathers' and 'Eve in the Sunlight.' These books were purchased by the petitioner from well-known book, sellers of repute in Calcutta. The conviction cannot be upheld unless we are prepared to say that a picture of a woman in the nude is per se obscene. If the postcard reproductions are obscene, the originals are equally so and the book-sellers...
Sati Nath Mukherjee Vs. Suresh Chandra Roy and ors.
Court: Kolkata
Decided on: Feb-12-1940
Reported in: AIR1941Cal136
Ameer Ali, J.1. I would have taken time to consider the typed note handed up to me by Mr. Roy on the question of law but for two reasons, one is that the real point is one of those which must be largely a question of opinion on the construction and language of the Articles of Association, and upon that I have come to a conclusion; the other is that I am anxious that the next suit should be called on and that this matter should go back to the company, if that course is possible. The real trouble with this unfortunate matter is that in this company there are at least three groups of opinion. There are, first, the amalgamationists; there are, second, the isolationists; and there are, third, the re-insurers, who are amalgamationists in another form. The question is, which of these groups is the genuine Genuine Insurance Company. That is the essence of the matter. As a result, there have been since the latter part of October last two separate organizations, two rival boards of directors.2. ...
Hiralal Banjara Vs. Bashiram Sharma and ors.
Court: Kolkata
Decided on: Feb-09-1940
Reported in: AIR1940Cal474
ORDERPanckridge, J.1. This is a reference made by the Controller of Patents under the provisions of Section 64(3), Patents and Designs Act, 1911. The history of the events that have led to the reference is as follows: One Hiralal Banjara, to whom I will henceforward refer as the ''applicant,' obtained a patent dated 12th July 1928, in respect of a machine for removing the huska and shells from mahsoor. No other person was registered as a proprietor of this patent until 9th October 1937, when one Babu Ram Jainy was so registered. The circumstances which enabled Babu Ram Jainy to obtain registration were as follows: A certain person named Radhakissen obtained a money decree in the Court of Small Causes against the applicant. In execution of this decree he purported to attach and bring to sale the applicant's rights under his patent, which were sold to Babu Ran Jainy on 20th September 1937. On 24th November 1937, Babu Ram Jainy assigned the patent to Bashiram Sharma, to whom I will refer ...
Hamed Gazi and ors. Vs. Sadat Ali Sikdar and ors.
Court: Kolkata
Decided on: Feb-06-1940
Reported in: AIR1940Cal241
B.K. Mukherjea, J.1. This appeal is on behalf of the plaintiffs, and it arises out of a suit commenced by them to recover possession of the lands in suit on establishment of their title to the same. The material facts lie within a short compass and may be stated as follows : According to the plaintiffs the three plots which constitute the subject-matter of the suit, appertained to a raiyati holding which was held by one Prasanna. Prasanna died leaving behind him his widow Nabintara, who is defendant 3 in this case, and two sons, to wit Aswini and Bholanath. Both the sons died some time in the year 1905 and Nabintara, succeeded to the property as their mother. In 1908 Nabintara sold the holding to defendant 2 Raicharan by a kabala, and two years later she adopted Raicharan as her son, purporting to act under an authority given to her by her husband during his lifetime. Since then Raicharan possessed the lands, and it was he who paid rents to the landlords, though in the Dakhilas, the na...
Rani Harshamukhi Dasi Vs. Naba Krishna Ray Choudhury and anr.
Court: Kolkata
Decided on: Feb-06-1940
Reported in: AIR1940Cal314
B.K. Mukherjea, J.1. This is an appeal under Clause 15 of the Letters Patent and is directed against a judgment of Jack J., dated 26th May 1938.2. The material facts relating to this appeal may be shortly stated as follows : There was a permanent tenure held by the pro forma defendants as tenants under the principal defendants 1-3, at a rental of Rupees 37-5-9 a year. This tenure was purchased by the plaintiff, Rani Harshamukhi, as executrix to the estate of Raja Manindra Chandra Sinha on 20 February 1929 and it is not disputed that the landlord's fees were duly paid. On 5th March 1931 the landlords defendants commenced a proceeding under Section 105, Ben, Ten. Act, for enhancement of the rent of this tenure under Section 7 of the Act. The plaintiff was not made a party to the proceeding which was started against the pro forma defendants only and even then one of the old tenants who was a minor was not represented by a guardian. There was an ex parte decree passed by the Settlement off...
Syed Yawar Bakht Chowdhury and ors. Vs. Emperor
Court: Kolkata
Decided on: Feb-05-1940
Reported in: AIR1940Cal277
Lodge, J.1. These are appeals against convictions and sentences under Sections 467 and 467/109, I.P.C., and under Section 81, Registration Act. The facts are rather complicated and need to be set out in some detail, in order that the arguments advanced before us may be properly appreciated. Syed Yawar Bakht Choudhuri was in debt to Debendra Kumar Roy to the extent of Rs. 5001-3-3; Mt. Kaniz Ahammed Choudhurani, wife of Syed Yawar Bakht Choudhuri was in debt to the same creditor to the extent of Rs. 336; two minor sons of the late Afroz Bakht Chudhuri, brother of Syed Yawar Bakht Choudhury were in debt to the same creditor to the extent of Rupees 13, 162-12-9; the total debt of these members of the family to this creditor thus amounting to Rs. 18,500. The creditor had obtained decrees in respect of these debts. In order to satisfy this creditor's claims, it was settled that certain properties belonging to (1) Syed Yawar Bakht Choudhuri, (2) Mt. Kanij Ahammed Choudhurani, (3) Najamanness...
Kali Nath Saha and anr. Vs. Manindra Nath Das and ors.
Court: Kolkata
Decided on: Feb-05-1940
Reported in: AIR1940Cal550
Mohamad Akram, J.1. This appeal by the defendants arises out of a suit for redemption after taking accounts. It appears that one Giridhar Mistri mortgaged the lands in suit comprising about 202 bighas to defendant 1, Kalinath Shaha. That after the said mortgage the plaintiff's father Chandra Kanta took settlement of those lands and other lands in Taluki right from Government. That disputes soon arose and a proceeding under Section 145, Criminal P.C., had to be drawn up. In that proceeding Giridhar was unsuccessful and Chandra Kanta's possession was declared in 1911. Chandra Kanta then purchased the interest of Giridhar at a certificate sale in 1912 and continued in possession. Kalinath (defendant 1) thereafter instituted a mortgage suit against Giridhar without making Chandra Kanta a party defendant, and after obtaining a mortgage decree purchased the suit lands in 1919 in execution of his decree. Chandra Kanta then settled the lands in 1920 with the pro forma defendant 20, Tarak Dey, ...
Bejoy Kumar Kundu Vs. Sitanath Kundu and ors.
Court: Kolkata
Decided on: Feb-02-1940
Reported in: AIR1940Cal540
Sen, J.1. This is a reference made by the Sessions Judge of Faridpur. The facts giving rise to it are as follows: The accused Sitanath Kundu and four others were tried and convicted by Mr. M.C. Mukherjee, Magistrate, Madaripur, and sentenced to pay a fine of Rs. 20 each. When the trial commenced, Mr. Mukherjee was a Magistrate having second class powers. The learned Magistrate heard arguments in this case on 27th July 1939. It is now admitted that before this date but after the evidence had been concluded the learned Magistrate was invested with first class powers. After hearing arguments on 27th July 1939, the learned Magistrate adjourned the case and delivered judgment on 31st July 1939 convicting the accused and passing the aforesaid sentence. It is thus quite clear that on the date on which the sentence was passed, the learned Magistrate was a Magistrate having first class powers. The accused appealed from the decision of the learned Magistrate to the District Magistrate. The appea...
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