Kolkata Court December 1941 Judgments
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Bimal Protiva Debi Vs. Emperor
Court: Kolkata
Decided on: Dec-05-1941
Reported in: AIR1942Cal464
Lodge, J.1. This is a rule issued upon the District Magistrate of 24-Parganas to show cause why the conviction of the petitioner under Rule 39(6) of the Defence of India Rules and the sentence passed thereunder should not be set aside. The material facts are as follows. On a search of the premises of the petitioner, Sreemati Bimal Protiva Debi on 3rd April 1941, documents which are alleged to be documents containing prejudicial reports were found in a drawer in the desk in a room which the lady was occupying. The lady was placed upon her trial on a charge of being in possession of documents containing prejudicial reports and was sentenced by the Additional District Magistrate of 24 Parganas to simple imprisonment for a period of one year and also to pay a fine of Rs. 250 and in default to serve a further term of simple imprisonment for six months. An appeal to the Sessions Judge was dismissed.2. It has been argued before us, that the Defence of India Act as a whole is ultra vires inasm...
Sashi Sekhar Bose Vs. Province of Bengal and ors.
Court: Kolkata
Decided on: Dec-04-1941
Reported in: AIR1943Cal65
Biswas, J.1. This appeal is on behalf of the plaintiff and arises out of a suit instituted by him for a declaration that the appointment of defendants 2 to 6 as members of the District Board of Jessore was illegal and ultra vires, and for an injunction restraining them from functioning as such members. The Province of Bengal was joined as defendant 1 on the allegation that the appointment in question had been made by that authority. The learned Munsif of Jessore who tried the suit in the first instance gave the plaintiff a decree. On appeal the learned District Judge has set aside that decree and upheld the appointment of defendants 2 to 6 as members of the District Board. Hence the present appeal by the plaintiff. The question involved in this case turns on the construction of certain sections of the Bengal Local Self-Government Act of 1885 (Bengal Act 3 of 1885). By this enactment, provision is made for the constitution of District Boards and Local Boards in the Province of Bengal. S...
Surendra Nath Das Gupta Vs. Abdul Jalil Laskar and ors.
Court: Kolkata
Decided on: Dec-02-1941
Reported in: AIR1942Cal354
Pal, J.1. This appeal is by the plaintiff in a suit: for recovery of possession of the lands described in the schedule to the plaint on declaration of the plaintiff's title thereto. The lands are situate in Mouza Sarishpur and are claimed as appertaining to-separate account No. 30, Sarat Chandra Dutta and others, which was opened out of Taluk No. 31186/2 Kurpan Raza Dassan. This separate account is, alleged to have been opened in 1873 under the provisions of Section 11 of Act 11 of 1859 for specific lands in the mouza. This separate account was sold for arrears of revenue on 23th September 1934 and the plaintiff purchased the same at that sale. The sale was confirmed on 24th November 1934, and symbolic possession was delivered to the plaintiff on 18th December 1934. Thereafter the plaintiff failed to get actual possession on account of the opposition by the defendants and hence the present suit was instituted on 21st December 1935.2. Six sets of written statements were filed by the dif...
Surendra Kumar Basu Vs. District Board and anr.
Court: Kolkata
Decided on: Dec-01-1941
Reported in: AIR1942Cal360
B.K. Mukherjea, J.1. This appeal is on behalf of the plaintiff, and it arises out of a suit commenced by him for removal of an alleged encroachment, made by defendant 1, the District Board of Nadia, upon a public thoroughfare in front of plaintiff's premises. The public road is shown as plot No. 203 in the C.S. Map of Kriahnagar. The; defendant District Board have their office in plot No. 206. They put up a wire fencing on the southern side of the office premises and thereby encroached upon a portion of the public road on the immediate south of which stands the residential house of the plaintiff. The Krishnagar Municipality which was made a party defendant, did not take any steps against the District Board, and the plaintiff brought this suit on the allegation that his rights as a rate-payer and as a member of the public were infringed by the encroachment of the District Board, which deprived him of the use of the full width of the public road.2. Both the Courts below have dismissed th...
Light of Asia Insurance Co., Ltd. and Governor-general in Council and ...
Court: Kolkata
Decided on: Dec-01-1941
Reported in: AIR1942Cal578
Nasim Ali, J.1. The facts which are not in dispute in this appeal are these: The Light of Asia Insurance Co., Ltd. (hereinafter referred to as 'the company') was incorporated in the year 1913 under the Companies Act with a capital of rupees 5,00,000 (5000 shares of Rs. 100 each) with the object inter alia of carrying on business as a Life Insurance Company. The capital of the company was reduced to Rs. 1,50,000 (5000 shares of rupees 30 each) by a resolution adopted and confirmed at extra-ordinary general meetings of the share-holders held on 7th August and 12th September 1933 respectively. This was confirmed by this Court on 15th January 1934. Of the authorised capital of Rs. 1,50,000 shares of the nominal value of rupees 36,750 were only subscribed for and issued and the whole sum was paid for in respect thereof. On or about 30th June 1939, a valuation of the assets and liabilities of the company as on 31st December 1938 was made by its actuary and a deficiency of Rs. 55,641 was foun...
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