Kolkata Court February 1944 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.
Jatindra Gupta and ors. Vs. Emperor
Court: Kolkata
Decided on: Feb-16-1944
Reported in: AIR1944Cal284
Derbyshire, C.J.1. On 7th September 1943, a Bench of this Court issued a Rule under g S: 491, Criminal P.C. calling upon the Chief Secretary to the Government of Bengal and the Superintendent of the Dacca Central Jail to show cause why the petitioners, alleged to be illegally and improperly detained in custody, should not be brought up before the Court and dealt with according to law or set at liberty. The number of persons concerned in this Rule was 176. The applicants made a joint application for the rule. They were apparently all confined in a jail at Dacca. They are represented before us by Mr. P. K. Bose who agrees that the cases all stand on the same footing. There, however, is one exception, namely, that of petitioner 21, Piyush Kiron Eauth, whose papers have not been available, and his case is not, therefore, taken in the present proceedings. The Advocate-General has appeared on behalf of the Government of Bengal to show cause against the rule. We are informed, and it is not di...
Bhupendra Nath Chatterjee and ors. Vs. Sm. Trinayani Devi
Court: Kolkata
Decided on: Feb-16-1944
Reported in: AIR1944Cal289
B.K. Mukherjea, J.1. This appeal is on behalf of the defendants and it arises out of a suit commenced by the plaintiff for recovery of damages on the allegation that the defendants brought a false and malicious suit against the plaintiff and obtained an improper Order of injunction in the same, which resulted in loss to her. The plaintiff is admittedly a tenant under the defendants in respect of a small plot of land measuring about one and a half cottas and situated at Bally in the district of Howrah. She purchased this tenancy right from one Elokeshi Dasi who held this one and a half cotta plot along with other lands as a tenant under the defendants. There were litigations between the defendants on the one hand and Elokeshi Dasi and a sub tenant of hers named Nagendra Ganguly, on the other, ever since 1913. The plaintiff's purchase is dated 20th February 1334, after her purchase she applied to the Chairman, Bally Municipality, for sanction to construct a masonry building on the purcha...
Bishnu Pada Chatterjee and ors. Vs. Emperor
Court: Kolkata
Decided on: Feb-08-1944
Reported in: AIR1945Cal441
Edgley, J.1. The appellants in these appeals are Bishnupada Chatterji alias Makra, Paresh Nath Kalwar, Ganendra Nath Das and Biswanath Lala alias Bombaiya. They were placed on their trial before Mr. S.N. Mukherjee, Presidency Magistrate, Calcutta, on a charge of conspiracy to cheat various firms in Calcutta, between June 1940 and May 1941 by dishonestly inducing them to deliver certain property by placing with them bogus orders purporting them to be from Government officers or depositing with them bills signed for payment by Government officers. There were subsidiary charges to the effect that in pursuance of this conspiracy, they cheated the Vidyasagar Cotton Mills, the Eastern National Bank Ltd. and Messrs. Heatly and Gresham Ltd.2. A complaint was filed against the appellants and their fellow conspirators by Inspector C.M. Ishaque, on 16th September 1941. The alleged conspirators mentioned in the complaint were: (1) Satishwar Bose alias Satis Chandra Bose who according to the eviden...
Anil Kumar Basu Vs. Roy Biman Behari Mitra for Self and Executor to Es ...
Court: Kolkata
Decided on: Feb-08-1944
Reported in: AIR1944Cal240
B.K. Mukherjea, J.1. There is no dispute about the facts of this case, which lie within a very short compass. The respondents before us Roy Biman Behari Mitra and others obtained a rent decree against the appellant and hiecosharers In respect of tenure for a sum of about Rs. 2000. The appellant on the other hand, obtained rent decrees against the respondents in 24 rent suits for various sums of money aggregating to about Rs. 1700. The respondents in execution of the decree obtained by them, attached the 24 rent decrees passed against them in favour of the appellant under Order 21, Rule 58, Civil P. Order The appellant thereupon preferred objections under 47, Civil P.C. contending inter alia that under Section 168A, Ben. Ten. Act, the only remedy of the decree-holders was to proceed against the tenure in arrears and they were incapable of attaching any other property belonging to the judgment-debtor. The whole controversy thus centred round the point as to whether the proceedings in exe...
ibra Akanda and ors. Vs. Emperor
Court: Kolkata
Decided on: Feb-08-1944
Reported in: AIR1944Cal339
Lodge, J.1. This is an appeal from convictions and sentences under Section 304 (2), Penal Code, read with Section 34. The four appellants were tried by the Sessions Judge of Pabna and Bogra and a common jury. There was a charge under Section 304/34 against all four appellants, and a separate charge under Section 324, Penal Code, against appellant Ibra Akanda. The jury returned a unanimous verdict of guilty under Section 304 (2)/34, Penal Code, against all four appellants, and of not guilty in respect of the separate charge under Section 324, Penal Code, against Ibra Akanda. The learned Judge agreed with and accepted this verdict; he acquitted Ibra Akanda of the charge under Section 324, Penal Code, and convicted all four accused on the remaining charge. He sentenced Ibra and Rayis, appellants, under Section 304 (2)/34, Penal Code, each to undergo rigorous imprisonment for ten years; and in view of the age of the one and the youth of the other, he sentenced Abad and Josi under Section 3...
Asgar (Ali) Mandal and ors. Vs. Emperor
Court: Kolkata
Decided on: Feb-02-1944
Reported in: AIR1945Cal467
ORDERRoxburgh, J.1. In this case, the appellant Asgar Ali Mondal has been convicted on a unanimous verdict of the jury under Sections 304 (II) and 148, Penal Code, and has been sentenced to undergo rigorous imprisonment for ten years under the former section--no separate sentence being passed in respect of the latter. Appellants Afaz Mondal, Jabed Ali Mandal, and Abdul Mannan have been convicted under Sections 147 and 326/149 of the Code, and sentenced to rigorous imprisonment for four years under the latter section--no separate sentence being passed under the former. Appellants Abdul alias Abul Hossain Mandal and Sobhan alias Abdul Sobhan Mondal have been convicted under the same sections and sentenced to undergo rigorous imprisonment for two years each under Section 326/149, no separate sentence being passed under Section 147 of the Code. The prosecution case was that one Gani, brother of the first three appellants, was on inimical terms with them, and that he had started criminal ca...
- ‹ Prev
- 1
- Next ›