Kolkata Court April 1943 Judgments
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Rangalal Mandal and anr. Vs. Narendra Nath Ghose
Court: Kolkata
Decided on: Apr-01-1943
Reported in: AIR1944Cal414
ORDERDas, J.1. In this mortgage suit the plaintiffs obtained the usual preliminary and final decrees for sale. Thereafter on 24th April 1941 those decrees were reopened and a fresh preliminary decree was passed for Rs. 7260 and all costs up to that date to be taxed by the taxing officer of the Court. By Clause (4) of this decree it was ordered and decreed that the defendant do pay into Court to the credit of this suit or to the plaintiffs the said sum of Rs. 7260 and the aforesaid taxed costs awarded to the plaintiffs by five equal annual instalments the first of such instalments to be payable on or before 15th August 1941 (instalment of aforesaid costs being payable upon taxation.) By Clause (5) of this decree it was. further ordered and decreed (inter alia) that in default of payment of any one of the aforesaid instalments or the aforesaid taxed costs plaintiffs may apply to the Court after giving notice to the defendant for a final decree for the sale of the mortgaged property subje...
Nishikanta Saha Vs. Emperor
Court: Kolkata
Decided on: Apr-01-1943
Reported in: AIR1943Cal468
Lodge, J.1. This rule was issued upon the Deputy Commissioner, Sylhet, to show cause why a conviction and sentence under Section 18 read with Section 6(1), Assam Pure Food Act, (Assam Act, 4 of 1982) should not be set aside. The material facts are not in dispute and are briefly as follows : There is in the town of Kharimganj a shop belonging to Messrs. Krishna Mohan and Brojo Mohan Saha in which the petitioner Nishi Kanta Saha was an employee. On nth December 1941 the Health Officer attached to the Municipality went to that shop and purchased a quantity of oil described as fuel oil (jalani thel). The Health Officer divided the oil purchased into three parts as required by the Act and sent one part to the Public Analyst, Shillong, for analysis. The Public Analyst reported as follows:I am of opinion that the same is a sample of the oil which contains a large proportion of mustard oil and also certain portion of oil from Argemona Mexicana. This is a sample of adulterated mustard oil.2. On...
Tarak Nath Saha Vs. Emperor
Court: Kolkata
Decided on: Apr-01-1943
Reported in: AIR1943Cal643
ORDER1. These rules are directed against the conviction of the petitioner under the provisions of Rule 81(4), Defence of India Rules. The case for the prosecution was to the effect that the petitioner had sold some kerosene oil at a price in excess of the controlled rate. Several points were raised in the Court below on behalf of the defence and these points have also been argued before us by the learned advocate for the petitioner. As things stand now it is only necessary for us to deal with one of these; points. The learned advocate contends that his client should not have been convicted as he was entitled to sell kerosene oil at a rate sufficient to cover both the controlled price and the transportation charges incurred in connexion with the transport of the kerosene oil to its destination in the mofussil and he maintains that the rate at which the sale took place was not higher than what was permissible in the circumstances. The findings of the learned Sessions Judge indicate that ...
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