Kolkata Court April 1940 Judgments
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Gadadhar Chowdhury and ors. Vs. Sarat Chandra Chakravarty and ors.
Court: Kolkata
Decided on: Apr-24-1940
Reported in: AIR1941Cal193
1. These two appeals are in two suits brought by the plaintiffs (called hereafter the Kanchanpur Baboos) for khas possession of a compact block of char land about 6000 bighas in area. First Appeals Nos. 173 and 174 correspond respectively to Title Suits Nos. 74 and 75 of 1925 of the first Court of the subordinate Judge at Faridpur, which on transfer were re-numbered as 10 and 11 of 1933 of the second Court of the subordinate Judge at Faridpur. The plaintiffs are the same in both the suits but the defendants are different, except that the Secretary of State for India in Council is common to both the suits. He is the principal defendant in Suit No. 75 and defendant 7 in Suit No. 74. The other principal contesting defendants in Suit No. 74 are six in number, namely Sarat Chandra Chakravarty and the Guhas. In both the suits a large number of tenants claiming to hold parcels of land either under the Secretary of State for India in Council or under Sarat Chandra Chakravarty and the Guhas, ha...
Syed Abbas Vs. Nawab Abid Jehan Begum
Court: Kolkata
Decided on: Apr-24-1940
Reported in: AIR1941Cal267
ORDERAmeer Ali, J.1. On 8th April, I dealt in this suit, which I will call suit 'a', with an application by the receiver appointed in suit 'a' who is defendant in Suit No. 1950 of 1987, which I shall call suit 'b', a suit on a money claim by one Kedarnath. I declined on that occasion to make an order such as I thought, perhaps erroneously, was required of me, i. e., an order in the nature of one revoking or recalling leave to defend. I indicated or recommended in my judgment, as will appear from para. 3 from the end, that the receiver should regulate his future action upon the advice of counsel. After signing the judgment I did what I should have done before, namely consult the English practice in these matters, and having done so I thought it desirable, for reasons which I have to make apparent, to convert the recommendation into a direction to be incorporated in the order. This I did on the 16th in Court and in the presence, at any rate, of counsel for the defendant, and the added di...
Fazlur Rahman Sarkar and anr. Vs. Atal Behary Ghose
Court: Kolkata
Decided on: Apr-23-1940
Reported in: AIR1941Cal123
ORDEREdgley, J.1. This rule is directed against the order of Moulavi Abul Hossain, Honorary Magistrate of Serajganj, dated 22nd December 1939 under which he convicted the petitioners under Section 379, Penal Code, and sentenced them to pay fines of Rs. 50 each or in default to undergo rigorous imprisonment for two months each, The case for the prosecution appears to have been that the complainant was the mortgagor in respect of certain property which had been mortgaged to Fazlur Rahman Sarkar, petitioner 1 and also to the father of Abdul Gani, petitioner 2 under a usufructuary mortgage which was executed on 17th February 1932. In due course the complainant applied to the Mesra Debt Settlement Board for the settlement of his debts including the debt covered by the above-mentioned mortgage. The amount of these debts was duly determined under Section 18, Bengal Agricultural Debtors Act, and, on 8th October 1938 the Debt Settlement Board settled the complainant's debts under an award, one ...
Mahammad Ali Vs. Dinesh Chandra Roy Choudhury and ors.
Court: Kolkata
Decided on: Apr-22-1940
Reported in: AIR1940Cal417
Sen, J.1. This appeal arises out of an application made by the Official Receiver of 24. Perganas under Section 53, Provincial Insolvency Act, for the setting aside of a transfer made by Altaf Ali, an insolvent, on the ground that it was a voluntary transfer made without consideration and not in good faith. The deed of transfer purports to be a wakfnama executed by Altaf Ali on 27th August 1934, just one day before he applied for insolvency. The deed is Ex. E. For a proper appreciation of the different points urged, it will be necessary to state the following facts. The property transferred together with other property belonged to Nawab Bahadur Nawab Ali Chaudhuri. In 1911 Nawab Bahadur Nawab Ali Choudhuri settled all his property under the Bengal Settled Estates Act (Act 3 of 1904) by which he became the first life tenant, Altaf Ali the second life tenant, and Mahammad Ali, Altaf Ali's eldest son, the third life tenant. In 1927 the Nawab wanted to revoke this settlement and to make a w...
Harendra Prosad Bagchi Vs. Emperor
Court: Kolkata
Decided on: Apr-22-1940
Reported in: AIR1940Cal461
Bartley, J.1. The appellant in this case was convicted under Section 376, I.P.C., in accordance with the majority verdict of the jury and sentenced to four years' rigorous imprisonment. The case for the prosecution was that the appellant, a shop-keeper, was a neighbour of one Sudhir Bagchi. The complainant in the case, a little girl named Fudan Dasi, went to Sudhir Bagchi's shop to get some alochal and when she was returning the appellant got her into his shop on the pretext of giving her sweets whereupon he shut the door, laid her on a dhokra and had sexual intercourse with her. After some time she was allowed to go whereupon she informed her mother and other inhabitants of the village. The next morning the brother of the girl, who was away at the time of the incident, came back, heard this story and reported the matter to the thana. The medical evidence supported the case of rape and there was other corroborative evidence. Certain witnesses deposed that on the day after the occurrenc...
The Dependents of Rahim Bux Vs. James Finlay and Co. Ltd.
Court: Kolkata
Decided on: Apr-22-1940
Reported in: AIR1940Cal580
Derbyshire, C.J.1. This case has been referred to us by the Commissioner for Workmen's Compensation, Bengal, for our opinion. The facts are that on 30th November 1934, the employers, Messrs. James Finlay & Co. Ltd., deposited with the Commissioner a sum of Rs. 1387-8-0 as compensation payable to the dependants of the deceased workman, Rahim Bux. On 23rd March 1935 the Commissioner made a distribution under Section 8(5) of the Act and apportioned the money as follows : to the widowed mother, Rasulan, Rs. 300, to the widow of the deceased, Gulbahar, Rs. 300 to the minor son of the deceased, Muhammad Sahaban, then 2 1/4 years old, the balance of Rs. 787-8-0. The sums awarded to the widowed mother and to the widow were paid to them in full in May 1935. The sum awarded to the minor son, Sahaban, was invested by the Commissioner in the Post Office Savings Bank under Section 8(7). In 1936, the Commissioner ascertained that the widowed mother and the minor son, Sahaban, were dead. The only sur...
In Re: East Bengal Sugar Mills Ltd. (In Liquidation)
Court: Kolkata
Decided on: Apr-22-1940
Reported in: AIR1941Cal143
ORDERLort-Williams, J.1. These are two applications on behalf of Kazi Abdul Rashid Khan Bahadur and Baroda Kanta Ganguli Bahadur respectively who have been included in the list of contributories made by the Official Liquidator in the matter of the East Bengal Sugar Mills Ltd., (in liquidation). They are numbered 27 and 28 in that list. They object to their inclusion in the list on somewhat similar grounds, namely the representations were made to them by Ramanath Das, who was the promoter of this company, and that they were induced by those representations to become shareholders, the allegation being that prior to the incorporation of the company Ramanath Das showed each of them a draft memorandum and articles of association with regard to which they made various suggestions for amendment. They consented to become shareholders on condition that these suggestions were included in the memorandum and articles of association, but subsequently found that the memorandum and articles of associ...
Sm. Jarimon Khatoon (Chowdhurani) W/O Fateali Chowdhury Vs. Secretary ...
Court: Kolkata
Decided on: Apr-18-1940
Reported in: AIR1940Cal451
1. The plaintiff is the appellant before us. She appeals against the order of the learned Subordinate Judge dated 8th April 1937 by which her plaint had been rejected for non-payment of the deficit court-fees of Rs. 1980 which the Court below had asked her to pay. The suit was valued by the plaintiff for the purpose of jurisdiction and of court-fee at the sum of Rs. 2100 and she paid ad valorem court-fee upon that amount at the time when the plaint was registered after presentation. After the plaint was registered, the defendants entered appearance and they raised the question of the sufficiency of the court-fees paid on the plaint. On that the learned Subordinate Judge took security for the payment of the additional court-fee that may eventually be found due and proceeded to determine the amount payable. For the purpose of determining the amount payable, he started an enquiry under Section 8-C, Court-fees Act. A Commissioner was appointed for the purpose of finding out certain details...
Emperor Vs. Gobinda Chandra Das and anr.
Court: Kolkata
Decided on: Apr-18-1940
Reported in: AIR1940Cal586
ORDEREdgley, J.1. This reference is accepted for the reasons set forth in the letter of reference dated 9th March 1940. The order convicting the accused persons dated 27th January 1940 is set aside. The fine, if already paid, will be refunded. The money found on the person of the accused will also be refunded....
Emperor Vs. Jit Lal Bahadur
Court: Kolkata
Decided on: Apr-17-1940
Reported in: AIR1940Cal378
Sen, J.1. This is a reference under Section 307, Criminal P.C. The accused, Jit Lal Bahadur, was tried together with Dhan Bahadur on a charge of murder by the Additional Sessions Judge of Alipore and a Special Jury. The jury returned a verdict of not guilty in favour of the accused Jit Lal by a majority of 6 to 3. They found Dhan Bahadur not guilty by a majority of 7 to 2. The learned Additional Sessions Judge has accepted the verdict of the jury so far as Dhan Bahadur is concerned and has acquitted him. As regards Jit Lal the learned Judge has referred the matter to us stating that in his opinion the verdict of the jury was against the weight of evidence. The case for the prosecution may briefly be stated as follows : The deceased Kashmiri Buddha was a beggar and he was known to the accused Jit Lal. Although Kashmiri was a beggar nevertheless he had sufficient money to advance loans to various people. It is said that Jit Lal who was in arrears with his rent asked Kashmiri for a loan b...
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