Kolkata Court January 1943 Judgments
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Madaripur General Bank, Ltd. Vs. MohiuddIn Ahmed, Guardian and Manager ...
Court: Kolkata
Decided on: Jan-11-1943
Reported in: AIR1944Cal118
Roxburgh, J.1. This appeal arises out of a judgment and decree of the Subordinate Judge, Second Court, Faridpur, confirming the decree of the Munsif of the First Court, Madari-pur, in a suit for rent, namely Suit No. 69 of 1939 brought by the 10 annas proprietors in a superior interest. At the same time there was a claim by the 6 annas proprietors in Rent Suit No. 1783 of 1938 which was tried along with the suit out of which the present appeal arises. The plaintiff's claim was that the rental in his share was Rs. 18-9-6, while the tenant defendants alleged that the rental was Rs. 14-7-6 in 16 annas share. The C.S. Kantians published in 1914 support the defendants' case and show the lower rate both for the 6 annas proprietors and also for the tenant proprietors. The plaintiff relies upon an ex prate decree in Rent Suit No. 1343 of 1934, wherein he was made co-plaintiff in a suit brought originally by the 6 annas proprietors and the decree was given in his favour at the higher rate now c...
Abdul Gani Bandukchi and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-11-1943
Reported in: AIR1943Cal465
Khundkar, J.1. This is an open rule, and it is directed against an appellate judgment of the Additional Sessions Judge of Faridpur, by which he upheld the convictions of and the sentences passed upon the twelve petitioners before us by the Magistrate. The petitioners were variously charged under Sections 326, 326/114, 323, 147 and 148, Penal Code. The sentences passed upon them varied from four months to nine months. On behalf of the petitioners two points have been taken before us. Firstly, it is contended that the judgment of the lower appellate Court is not in accordance with law, inasmuch as it does not comply with the requirements of Section 867/424, Criminal P.C. The second contention relates to what has been called the dying declaration of a man called Mokim Ali, who received injuries in the occurrence out of which the prosecution arose, and who subsequently died. It is argued that there is nothing upon the record to show that the death of Mokim Ali resulted from the injury whic...
Satinath Bagchi Vs. Raja Bhupendra Narayan Sinha Bahadur
Court: Kolkata
Decided on: Jan-08-1943
Reported in: AIR1944Cal14
1. (F. M. A. No. 200 of 1941 with application). -This appeal is directed against an Order of the Subordinate Judge of Birbhum dated 10th May 1941, rejecting an application of the appellant for re-opening of a decree under section 36, Bengal Money-Lenders Act. It is conceded on behalf of the appellant that the appeal itself is incompetent but there is an application in the alternative under section 116, Civil P.C. and we are asked to exercise our powers in revision under that section. The appellant is the common manager of the Bagchis of Jamshedpur who were putnidars under the respondent the Raja of Nashipur. The putni rent for the year 1341 B. Section being in arrears, the respondent started proceedings under Kegn. 8 of 1819 on 1st Baisakh 1342 corresponding to 15th April 1935. The claim for putni rent was laid at Rs. 27,698 annas odd. On 15th May 1935, a petition was filed by the common manager of the putnidars before the Collector stating that he had paid Rs. 1821 annas odd to the za...
Banku Behary Mondal Vs. Banku Behary Hazra and anr.
Court: Kolkata
Decided on: Jan-08-1943
Reported in: AIR1943Cal203
Pal, J.1. This is an appeal by the defendant in a suit for declaration of the plaintiffs' title to an eight annas share in the disputed land and for joint possession to the extent of that share, as also for mesne profits. Admittedly the lands in suit belonged to the plaintiffs' father Hari Charan Hazra who died in 1915, leaving behind him his widow, a daughter and four sons, namely the plaintiffs and their two brothers - Fakir and Khanda. The plaintiffs were mere infants at the date of their father's death. Their case is that plaintiff 1 was aged about three years, having been born on 13th Baisack 1819 B.S., and that plaintiff 2 was between one and two years, having been born on 7th Falgoon 1321 B.S. Their mother also died shortly after their father.2. The plaintiffs' case is that during their minority, Fakir and Khanda sold the disputed lands to the defendant by two sale deeds, namely Ex. A, dated 24th September h 1926, and Ex. A i) dated 2lst October 1927; that neither Fakir nor Khan...
Kumar Sarat Kumar Roy Vs. Rai Kiran Chandra Roy Bahadur and ors.
Court: Kolkata
Decided on: Jan-06-1943
Reported in: AIR1944Cal110
ORDERHenderson, J.1. This Rule raises a question regarding the interpretation of Section 168A, Ben. Ten. Act. It is opposed by opposite parties 1 to 9. The facts are these. When the rent suit was instituted the landlords were opposite parties 1 to 9, opposite parties 10 to 12 and opposite parties 16 to 25. The rent suit was actually instituted by opposite parties 1 to 12. The execution proceedings were taken by opposite parties 1 to 9. Opposite parties 10 to 12 were made parties, because they refused to join in the execution petition. The holding was pur chased by opposite parties 1 to 9. The present petitioner filed an application under Section 168A (1) (b) on the allegation that he had purchased 'the interest of opposite parties 10 to 12 at a putni sale. This purchase took place on 15th May 1940 which was prior to the institution of the execution case. The prayer made by the petitioner is that opposite parties 1 to 9 should be compelled to deposit the rent which has become due betwee...
Navajiban Insurance Co. Vs. Superintendent of Insurance, Government of ...
Court: Kolkata
Decided on: Jan-06-1943
Reported in: AIR1943Cal209
B.K. Mukherjea, J.1. The facts giving rise to this appeal may be shortly stated as follows: The appellant is an insurance company registered under the Insurance Act of 1938 and, at present, it carries on the business of life insurance only. For some years after it was started it had been doing in addition to this, business of miscellaneous insurance, which being based on the dividing principle came within the prohibition contained in Section 52, Insurance Act, and was discontinued from November 1940. Under Section 7(1)(a), Insurance Act, the total amount that has got to be deposited by an insurer who carries on a combined business of this sort is three hundred thousand rupees out of which two hundred thousand rupees are regarded as deposit for the life insurance business. Under Sub-section (3) of that section the insurer is given the liberty of making the deposit in seven instalments; of these the first instalment which must not be less than one-fourth of the total deposit, has got to ...
Bengal and North Western Railway Co. Ltd. Vs. Sobrati Mia S/O Nafi Mia ...
Court: Kolkata
Decided on: Jan-05-1943
Reported in: AIR1944Cal50
ORDERHenderson, J.1. This Rule has been obtained by defendant 1. The plaintiff has obtained damages with regard to five consignments of fish. They arrived at their destination at Asansol eight hours late. They had to be transhipped at Mokamah Ghat station. The train arrived late at that station. This was due to the fact that it was detained for 33 minutes at an earlier station in Order to attach a saloon in which his Highness the Maharajah of Nepal was travelling. Even so the connecting train had not left Mokamah Ghat: but these consignments of fish were not put on board it and they were actually sent by the next train which arrived eight hours later. It is impossible to deal with all the five consignments on the same basis. The two consignments covered by P. W. B. 5625 and 9221 were also covered by Risk Note 'h.' The plaintiff therefore cannot recover, unless he proves misconduct by some servant of the railway.2. The learned Judge found misconduct with regard to two matters. 'Firstly,...
Emperor Vs. Gajendra Mohan Kar S/O Gadadhar Kar
Court: Kolkata
Decided on: Jan-05-1943
Reported in: AIR1943Cal222
1. In this case a reference has been made to this Court under Section 374, Criminal P.C., for confirmation of the sentence of death passed on Gajendra Mohan Kar who was convicted of murder by the learned Sessions Judge of Pabna and Bogra on 26th November 1942. It is not necessary to refer in detail either to the facts alleged by the prosecution and the defence or to most of the material evidence adduced in the Court g below having regard to the fact that we are of opinion that the appellant was seriously prejudiced on account of the improper admission against him of certain evidence under the provisions of Section 33, Evidence Act. It appears that the investigating officer Md. Abdul Rahman was examined before the committing Magistrate on 4th September 1942. On 23rd November 1942, a medical officer of the Srinagar Charitable Dispensary signed a certificate to the effect that the Sub-Inspector had been under his treatment for malaria and other complications since 17th November 1942. He f...
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