Kolkata Court April 1940 Judgments
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Sm. Sarbasundari Dassi Vs. Sm. Nandarani Dassi and ors.
Court: Kolkata
Decided on: Apr-05-1940
Reported in: AIR1941Cal144
ORDERMcNair, J.1. This is an application by the attorney of a deceased plaintiff, by a commissioner of partition and special referee appointed in the suit, and by the commissioner's clerk, for an order for taxation of the commissioner's remuneration and expenses, for an order for taxation of the costs of the deceased plaintiff, for removal of the defendant Jogendra Nath Law as receiver in the suit, for appointment of the official receiver, and for payment by him on appointment of the costs of the petitioner. The plaintiff brought a suit on 20th June 1933, for administration of the estate of Beni Madhab Law deceased, for construction of his will, for partition, and for possession. The plaintiff was a daughter-in-law of Beni Madhab, being the widow of his son Bhupen who died in 1921. Bhupen had three brothers, Jogendra, Mahendra and Nagendra. Jogendra is the receiver. Jogendra and Mahendra were two of the defendants in the suit as were the sons of Nagendra who had died, and the other def...
Sk. Khoda Bux and ors. Vs. Mozaharul Haque and ors.
Court: Kolkata
Decided on: Apr-04-1940
Reported in: AIR1940Cal330
Bartley, J.1. This rule was issued on the District Magistrate of Malda and the opposite party to show cause why certain proceedings under Section 147, Criminal P.C., pending against the second party in the Court of the Sub-Divisional Officer of Malda should not be quashed or such other or further orders should not be made as to this Court might seem fit and proper. It appears that there was a dispute between the parties regarding a certain piece of land alleged by one side to be a public village path. Upon an allegation that this path had been obstructed and converted into a private property a petition was made to the Magistrate for investigation and action. After some preliminary investigation the Magistrate holding that the path in question had been obstructed and that there was an apprehension of breach of peace directed proceedings to be drawn up under Section 147, Criminal P.C., and further passed an order purporting to be made under Section 147(2), Criminal P.C., prohibiting the ...
Sk. Alla Rakha Vs. Liakat Hossain
Court: Kolkata
Decided on: Apr-04-1940
Reported in: AIR1940Cal371
Bartley, J.1. This rule was issued upon the District Magistrate of Howrah and upon the opposite party to show cause why an order of discharge under Section 253, Criminal P.C., made by the Bench of Honorary Magistrate should not be set aside. The only facts stated in the judgment of the Bench are that the accused Liakat Hossain was a partner in a fish business and that as It has been held in clear terms in a certain judgment of this Court that Sections 403 to 409, Penal Code, which deal with criminal misappropriation and criminal breach of trust are not intended to apply to partners no charge could be framed against the accused in the case. It may be added in explanation of the above judgment that the original complaint by the petitioner alleged that the accused was his partner in business and had misappropriated Rs. 450 of partnership money. It is perfectly clear that the Bench has entirely misconstrued the scope of the decision to which they referred as an authority for refusing to fr...
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