Kolkata Court January 1943 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Profulla Kumar Roy Choudhury and anr. Vs. Emperor
Court: Kolkata
Decided on: Jan-21-1943
Reported in: AIR1944Cal120
ORDER1. This is a Rule calling upon the District Magistrate of Khulna to show cause why the conviction of the petitioners under Section 9 (a) and (b), Salt Act, should not be set aside. There is also an Order of confiscation of the salt, which is also attacked. On behalf of the Crown, Mr. Roy Choudhury pointed out that the learned Additional District Judge is mistaken about the provision of law applicable to the confiscation and that the Order in question was passed under the provisions of the Code of Criminal Procedure.2. The petitioners pleaded guilty. The only reason why I issued the Rule was the allegation made in Para. 6 of the petition. That is to the effect that they had been told by the officer of the Salt Department that they would be very leniently dealt with and the salt would be returned to them if they made a plea of guilty. They supported the statement by an affidavit sworn personally in the lower Court. Mr. Roy Choudhury contended that this affidavit is worthless because...
Emperor Vs. Lal Mia S/O Safar Ali and anr.
Court: Kolkata
Decided on: Jan-21-1943
Reported in: AIR1943Cal521
Khundkar, J.1. This is a reference under Section 374, Criminal P.C., for confirmation of the sentence of death passed upon two persons, Lai Mia and Abdur Rashid, who were, tried for the murder of a man called Abdul Sattar Muktar. The case for the prosecution, briefly stated, was as follows : On the night of 17th September 1942, the two accused, who were probably accompanied by others, effect an entry into the hut in which Abdul Sattar Muktar was sleeping, and the intruders perpetrated an assault upon him with cutting weapons. Many of the injuries inflicted were fatal. The assailants ran away, and the injured man made sounds which attracted the attention of the neighbours. A number of persons, who were living in other huts of the deceased's bari, came to the spot, and to them he stated that Fazu and Ujir Ali Muktar had done for him. He then expired. Information of the occurrence was carried to the police station by one Dudu Mia, a relation of the deceased, and it was recorded at 7 o'clo...
District Board Vs. Jogesh Chandra Basu
Court: Kolkata
Decided on: Jan-21-1943
Reported in: AIR1943Cal447
Pal, J.1. This appeal is by the defendant in a suit for compelling the defendant District Board to contribute to the plaintiff's provident fund account. The defendant is the District Board of Khulna and the plaintiff is a retired employee of the board. He retired in October 1936 after rendering 31 years' continuous good service. During this period he subscribed to the provident fund maintained by the District Board and the District Board also contributed its quota to that fund. The case of the plaintiff is (1) that on his retirement he became entitled to an additional contribution from the District Board at the rate of half a month's pay for each complete year of service rendered by him, subject to a maximum of 15 month's pay under Rule 5A of the Provident Fund Rules of the Board, 2) that the board granted to him only eight months' pay as such additional contribution, under that rule and (3) that he was entitled under the rule to a contribution of further seven months' pay. The case of...
Bahadur Singh Singhee Vs. Sanyasi Charan Ghosh
Court: Kolkata
Decided on: Jan-20-1943
Reported in: AIR1943Cal233
Henderson, J.1. This appeal is by the decree-holder. He has applied for execution of a decree for rent by the arrest of the respondent. The respondent filed an objection under Section 47, Civil P.C., on two grounds : (1) that his case comes within the proviso to Section 51, Civil P.C., and (2) Section 168A is a bar to the execution. The objection was overruled by the Munsif, but it has now been allowed by the Subordinate Judge in appeal. On the former point, the contention of the respondent was that he had no means to pay the decretal amount. On this point, the Courts below have differed. On behalf of the appellant Mr. Chakravarty has pointed out that the finding of the learned Judge is defective, because he ignored the words 'or some substantial part thereof.'2. With all due respect to the learned Judge I find it very difficult to follow his judgment. The respondent admitted that he had two bighas of land and a house on it. The learned Judge merely observed that two bighas of land and...
Emperor Vs. Thakurdas Malo and anr.
Court: Kolkata
Decided on: Jan-15-1943
Reported in: AIR1943Cal625
Khundkar, J.1. This is a reference by the Assistant Sessions Judge of Khulna, recommending that the verdict of the jury should be set aside in a case in which two accused persons were charged with dacoity under Section 395, Penal Code. The jury were divided in the proportion of 3 to 2, the majority finding the accused guilty. The learned Judge is of opinion that this verdict is manifestly unreasonable, and that the accused ought to be acquitted. We have carefully examined the record for ourselves. We find that one important item of evidence upon which the prosecution relied, consisted of the retracted confession of one of the accused Thakurdas Malo. The evidence of P. W. 11, Maninaddin Ahmad, casts considerable doubt upon the receivability of this confession in evidence at all. This witness is the Head Master of a Madrassa, and he is also a member of the local Union Board. Speaking of an occasion immediately after the arrest of the accused, he stated as follows:There wag some talk betw...
Ritendrakanto Lahiri Chaudhury and anr. Vs. Dhirendrakanto Lahiri Chau ...
Court: Kolkata
Decided on: Jan-13-1943
Reported in: AIR1943Cal193
Pal, J.1. This appeal is by the defendants in a suit for certain declarations relating to the extent of the plaintiff's liability to the cess and the apportionment thereof by the Collector under Section 44, Cess Act, in respect of touzi No. 5254 of the Mymensingh Collectorate. The plaintiff and the defendants 1 and 2 are related as step brothers. The late Dharanikanta Lahiri Chowdhuri was their paternal grandfather and was the owner of the above touzi. Dharani Kanta died on 29th November 1918, and by his will bequeathed all his property to his grandson Dhirendra Kanta Lahiri Chowdhuri. Dhirendra's father Narendra Kanta who was the only son of Dharani Kanta was thus totally disinherited by Dharanikanta. This created a dissension between Dhirendra and his father Narendra and the dispute was ultimately settled amicably by a deed of family arrangement dated 27th October 1919, whereby the estate left by Dharanikanta was taken half and half by Dhirendra and Narendra. Dhirendra and Narendra s...
Syed Shah Maidal Islam and ors. Vs. Commissioner of Wakfs and ors.
Court: Kolkata
Decided on: Jan-13-1943
Reported in: AIR1943Cal635
Akram, J.1. This appeal by the plaintiffs arises out of a suit for a declaration that a certain wakf is a wakaf-alal-aulad as defined in Section 6(11) of Act 13 of 1934, and that the action of defendant 1 (Commissioner of wakfs) in treating it as a public wakf and assessing it as such and appointing a committee of management is illegal and ultra vires and for a refund of the excess money realised from the plaintiffs (mutwallis) by improper assessment on the basis of a public wakf. It appears that one Shaik Mohamad Faiz had created a wakf by a wakfnamah dated 1138 B.S. : 1776 by which he had appointed his brother's sons to be mutwallis and after them their male descendants, generation after generation and had provided that the income from the wakf properties should be spent on certain religious and charitable objects and that the balance left unspent should go to the mutwallis. The plaintiffs claim to be descendants of the original mutwallis and allege that it has never been necessary t...
Jharuram Das Monda Vs. Hajar Mohammad Sheik Fakir and ors.
Court: Kolkata
Decided on: Jan-12-1943
Reported in: AIR1944Cal13
1. This appeal arises out of a suit for rent at Rs.144 per year together with cesses. The suit was decreed by the trial Court at the rate claimed but on appeal the learned Additional District Judge of Dinajpur allowed the plaintiff a decree at the rate of Rs. 88-12-0 per year only plus cess for the three years in suit. The defendants were able to show that in a previous rent suit (no. 14 of 1930) the plaintiff had claimed at the rate of rs. 150 per year but had obtained a decree at the rate only of Rs. 88-12-0, the reason for that decision being that the tenancy of the defendants having come into existence prior to the amendment of Section 48, Bengal Tenancy Act, which came into force in 1929, the amended section had no application to the case and accordingly the plaintiff is not entitled to more than 25 per cent, in excess of the amount of Rs. 31 paid by himself as rent to his landlord. Subsequent to this decree the plaintiff brought two other suits, No 27 of 1938 and No. 3569 of 1934...
Narendra Nath Chakravarty and anr. Vs. Banamali Mandal and ors.
Court: Kolkata
Decided on: Jan-12-1943
Reported in: AIR1944Cal111
Edgley, J.1. In the suit out of which this appeal arises the plaintiff sued for foreclosure of a mortgage which had been executed on 16th April 1926, in favour of a man named Bharat Mandal. The appellants are the lessees under the original mortgagor. The case for the appellants is that the mortgage debt has been extinguished owing to the operation of Section 26G, Bengal Tenancy Act. It was held by the lower appellate Court that Section 26G, Bengal Tenancy Act, could have no application in a case of this particular mortgage which the learned Judge considered to be an anomalous mortgage. In this Court the learned advocate for the appellants has drawn my attention to the provisions of Bengal Act 18 of 1940, which has had the effect of amending Section 26G as it stood when this matter came before the lower appellate Court for consideration. The amended Section 26G (la) reads as follows:(la) Notwithstanding anything contained in this Act or in any other law for the time being in force or in...
Ranapati Chattopadhya and ors. Vs. Arabinda Kumar Pal and ors.
Court: Kolkata
Decided on: Jan-12-1943
Reported in: AIR1943Cal217
Narsing Rau, J.1. This is an appeal by two of the defendants in a suit for recovery of arrears of rent in respect of a putni taluk. The suit was brought on 19th April 1938, by one Arabinda Kumar Pal for his 8 annaa share of the rent, Satyendra Nath Pal, the owner of the other 8 annas share, being made a party-defendant as required by Section 148A(1), Ben. Ten. Act. The annual rent of the entire a putni was stated to be Rs. 11,603 and the annual cess Rs. 3514-5-0. The suit was for arrears of four years, 1341 to 1344 B.S. inclusive, and the plaintiff laid the total claim in his 8 annas share at Rs. 33,881 odd, after giving credit for certain payments and adding damages at 25 per cent, of the arrears. On 6th June 1938, Shyamrangini Roy Chowdhurani and Pulin Krishna Roy, who on 27th April 1938, had purchased the 8 annas share of Satyendra Nath Pal at a sale in execution of a mortgage decree, applied to the Court to be substituted in his place. The application was rejected on 8th June 1988,...
- ‹ Prev
- 1
- 3
- Next ›
- Last »