Kolkata Court August 1945 Judgments
Harendra Chandra Barori Vs. Emperor
Court: Kolkata
Decided on: Aug-28-1945
Reported in: AIR1947Cal290
Roxburgh, J.1. The petitioner in this case Harendra Chandra Barori was a Sub-Deputy Magistrate at Dacca acting at the tirne also as a Special Magistrate under Ordinance 2 of 1942. He has been convicted under Section 161, Penal Code for having taken a bribe of Rs. 10,000 from Rabindra Kumar Das (P.W. 1) on 12-4-1943. The bribe was given, according to the prosecution, to secure the acquittal of Rai Bahadur Satyendra Kumar Das and Hemendra Kumar Das, the father and uncle of the briber Rabindra Kumar Das, who at the time weje under trial before the petitioner in a case under the Defence of India Rules. The accused has been sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 1000 in default to suffer further three months' rigorous imprisonment.2. The accused was previously tried by the Additional District Magistrate of Mymensingh and convicted but on appeal the conviction and sentence were set aside by the Additional Sessions Judge of Mymensingh on the ground that the pro...
Tag this Judgment!Kumar Pramatha Nath Roy and ors. Vs. Prativa Nath Roy and ors.
Court: Kolkata
Decided on: Aug-28-1945
Reported in: AIR1947Cal134
Mitter, J.1. On diverse dates from 22.3-1918 to 21-1-1921 Raja Promoda Nath Roy of Dighapatia borrowed the total sum of Rs. 8,55,000 from Raja Sreenath Roy on the basis of several promissory notes. Raja Promoda Nath Roy and his legal representatives would hereafter be called the mortgagor or the borrower and Raja Sreenath Roy and his heir, Kumar Promotha Nath Roy, the mortgagee or the lender. Some of those loans carried 7 1/2 per cent, interest and others 9 per cent, interest per annum. Some interest was paid on those loans before 1921. On 31-1-1921 a sum of Rs. 8,88,496 was found due on those loans on account of principal and interest. On that date, the lender advanced a further sum of Rs. 8504 to the borrower, whose total indebtedness thus came up to Rs. 8,97,000. To secure that sum the borrower mortgaged his immovable properties to the lender by an instrument, Ex. A, dated 31-1-1921, stipulating to pay on the said sum compound interest at the rate of 9 per cent per. annum with yearl...
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