Kolkata Court December 1947 Judgments
Laxman Chandra Ghose and ors. Vs. Emperor
Court: Kolkata
Decided on: Dec-22-1947
Reported in: AIR1948Cal278
Roxburgh, J.1. This is an appeal by seven accused who were tried on a charge of rioting armed with deadly weapons under Section 148, Penal Code, one of them, Lakshman being also tried on a charge of murder, another Sufal on a charge under Section 324, and four of them Rasik, Makhan, Ananta and Dulal on a charge under Section 323.2. The jury by a majority of 5 to 4 found all the accused guilty under Section 147, Lakshman guilty under Section 326, Sufal guilty under Section 324, and unanimously acquitted the four accused charged under Section 323.3. Lakshman has been sentenced to four years, Sufal to one year and all the accused to six months' rigorous imprisonment, the sentences of Laxman and Sufal to run concurrently.4. The prosecution case is that the riot took place at 7 A.M. on the morning of 12th September 1946. The deceased Gobinda is said to have run out after his cow and when he reached the dihi of the accused Rasik be was surrounded by the accused, struck in the abdomen by Laks...
Tag this Judgment!Golam Mostafa Chaudhury and ors. Vs. Munsir Bap and ors.
Court: Kolkata
Decided on: Dec-22-1947
Reported in: AIR1948Cal303
1. The question for consideration in both the appeals is the same, namely whether this Court or the High Court established for the Province of East Bengal has jurisdiction to deal with the applications made therein. In the first case the application is for extending the time to put in the amount of paper book costs due on a supplementary estimate. In the second case the application relates to the appointment of a guardian-ad-litem of a minor respondent. In both the cases the subject-matter of the suits is land situate in that part of the District of Sylhet which is within the 'territory assigned to the Dominion of Pakistan and the Courts of origin are situated within that Dominion. In both the cases, this Court passed the decrees and gave the certificates under Section 110, Civil P.C., before 15-8-1947, 'the appointed date', and the appeals to His Majesty in Council were finally admitted before that date. The records, which are to be printed in India, have not been printed yet, and so ...
Tag this Judgment!Nilmony Jalui Vs. Sm. Radharani Debi
Court: Kolkata
Decided on: Dec-19-1947
Reported in: AIR1948Cal224
Sharpe, J.1. The petitioner was an applicant for pre-emption under Section 26 F, Bengal Tenancy Act, in respect of portions of C.S. Plot No. 1257 of Khatian No. 108 and C.S. Plot No. 1250 of Khatian No. 679 purchased by the opposite party from the admitted co-sharers of the petitioner by a Kobala dated 30-6-1943. Of the two plots No. 1250 is described in the settlement khatians as pertaining to a mokarari holding and plot No. 1257 to an occupancy holding. It is admitted that there was a partition through the civil Court of the property of the co-sharers in 1941, that the co-sharers were given separate possession of demarcated portions of the property, in execution of the final decree, and that the plots or portions of the plots which form the subject-matter of the application under Section 26 F were allotted to the vendors of the opposite party. It further appears that there was a division of the jamas of the tenancies in July 1944, that is, after the sale but before the application fo...
Tag this Judgment!Hariprosad Roy Vs. Babulal Chaukhani
Court: Kolkata
Decided on: Dec-18-1947
Reported in: AIR1948Cal226
R.C. Mitter, J.1. The petitioner is the owner of a house being No. 24A, Deshpriya Park Road. The opposite party became a monthly tenant of the said house from 1-9-1938. The original rent was Rs. 130 per month, which was subsequently reduced to Rs. 120 per month. It is admitted by the petitioner that the opposite party paid rent at that rate up to December 1941. Thereafter he stopped payment on the plea that he was liable to pay at the rate of Rs. 60 per month as the petitioner had agreed to reduce the rent to that figure with effect from January 1942. The petitioner did not admit that there was such an agreement and claimed rent at the rate of Rs. 120 per month. He sued the opposite party for rent at the rate of Rs. 120 per month for the months of January and February 1942 in the Court of Small Causes and got a decree. In spite of the fact that the plea of the opposite party that the rent had been reduced from Rs. 120 to Rs. 60 was found to be false plea he did not pay rent for the sub...
Tag this Judgment!Midnapore Zemindary Co. Ltd. Vs. Saradindu Mukhopadhaya and ors.
Court: Kolkata
Decided on: Dec-18-1947
Reported in: AIR1948Cal250
Lodge, J.1. This is an appeal against the judgment and decree of the Subordinate Judge Nadia in a suit on a mortgage.2. The material facts are not in dispute. On 18-9-1916, Maharaja Kshounish Chandra Ray Bahadur and Satyendra Narayan Bagchi, Executors to the estate of Saratmani Devi deceased executed a mortgage deed in respect of the patni taluk-lot Plassey in consideration of a loan of Rs. 25000 which was to carry interest at the rate of 12 annas per cent, per month until realisation. Under this patni taluq were a number of subordinate tenures, two of which were darpatnis held by the Midnapore Zemindari Corporation.3. In 1927, the executors to the estate of the late Saratmani Devi, made over the estate to Deb Nandan Mukhopadhaya, who was in control of the estate until 8-8-1930 when he executed a deed of trust in favour of Srimati Maya Devi. Deb Nandan borrowed Rs. 60,000 from Surpat Singh, Mahipat Singh and Bhupat Singh on 27-6-1928 and mortgaged the same properties for the second tim...
Tag this Judgment!Mohan Lal Saraji Vs. Mohini Mohan Das
Court: Kolkata
Decided on: Dec-16-1947
Reported in: AIR1948Cal194
ORDER1. This is a rule against an order dated 5th July 1947, directing an accused to pay to the complainant opposite party Rs. 50 as adjournment costs.2. We may note that although when the rule was issued care was taken to make it clear that only proceedings in connection with the matter of Rs. 50 should be stayed, unfortunately the order also directed the record to be called for. The result is that over this comparatively trivial matter a pending case has been held up for about three months.3. The accused was being tried on a charge of cheating, and as it is not uncommon in such cases he has been giving some trouble to the Court in the matter of his attendance. He was absent on 28th March, sent a telegram and the surety filed a petition with the telegram saying that the accused was ill. He appeared on 30th April, 23rd May, and again failed to appear on 19th June. A petition was filed with a medical certificate which the Magistrate apparently was not disposed to accept and he directed ...
Tag this Judgment!Bhanga Singh and ors. Vs. the King
Court: Kolkata
Decided on: Dec-16-1947
Reported in: AIR1948Cal290
ORDERLodge, J.1. This Rule was issued calling upon the District Magistrate of 24 Parganas to show cause why orders passed under Section 109, Criminal P.C. on the petitioners should not be set aside.2. The material facts briefly are as follows. On 13th March 1916, witness Jugal Kishore Dutta, a clerk employed in Calcutta, returned home by the 8/5 train, and descended from the train at Mathurapur Road Station. Going home north from the station, he saw two taxis and a private car turning and entering a tile factory of Messers K.C. Pal. Suspicion was aroused. He went to the adjacent para, and the para people went back with him to the tile factory and questioned the occupants of the cars. The occupants were Sikhs. They stated that they had been hired by Chhotu Maharaj, according to Jugal Kishore, to take his bride. The village people were not satisfied. They sent information to the police, and the police officer arrived there. At about 12/30, Chhotu Maharaj came to the place, and the police...
Tag this Judgment!The Superintendent and Remembrancer of Legal Affairs Vs. East India El ...
Court: Kolkata
Decided on: Dec-12-1947
Reported in: AIR1948Cal277
1. This is an appeal by the Superintendent and Remembrancer of Legal Affairs, Bengal, on behalf of the Provincial Government against an order of acquittal passed by a Magistrate of the first class, Hooghly, in respect of certain alleged contraventions of the Indian Electricity Rules. On the complaint of the Electricity Inspector, Bengal, there were prosecuted (1) The East India Electric and Traction Co. Ltd. (2) Messrs. Narsing Sahay Madan Gopal, Managing Agents of the above, (3) Mr. N.C. Bhattacharjya, Managing Director of the above and (4) Mr. S.N. Banerji, Electrical Engineer.2. The complaint relates to the service line connections from a pole in B. Dey Road, Hooghly, to the premises of Messrs. A. Mitra & Co. who are the consumers. The accused company is the licensee under the Indian Electricity Act.3. The matter may be divided into three partner (1) The line on the pole itself to the ground, (2) the underground line which runs under B. Dey Road and part of the premises of Messrs. A...
Tag this Judgment!Ramsashi Mondal Vs. Nirode Barani Dasi
Court: Kolkata
Decided on: Dec-11-1947
Reported in: AIR1948Cal186
Lodge, J.1. This rule was issued calling upon the District Magistrate of Malda and upon the opposite party to show cause why an order passed under Section 488, Criminal P.C. directing a has band to pay maintenance to his wife should not be set aside.2. The material facts are not seriously disputed. The petitioner in the application under Section 488, Criminal P.C., was the wife. She asserted that she was married to her husband (the opposite party) in the year 1308 B.S. when she was 6 or 7 years old, and the opposite party was 12 or 13 years old; that they lived together as husband and wife, for some years, possibly 10 years; and that she was then driven out by her husband who ill-treated her; and that she lived with her father from then onwards and has not since lived with her husband. In the year 1942, she presented an application under Section 488, Criminal P.C., before a Magistrate. The husband opposed the application, and denied that she was his wife. The husband's brothers interve...
Tag this Judgment!Tarak Nath Saha and ors. Vs. Rajani Kanta Saha and ors.
Court: Kolkata
Decided on: Dec-10-1947
Reported in: AIR1948Cal207
G.N. Das, J.1. This appeal is on behalf of the plaintiffs. The admitted facts of the case are that the predecessors in interest of the plaintiffs and the defendants had a joint business which was wound up in 1317 B.S. The accounts were adjusted and a sum of Rs. 3,001-9-0 was found to be the balance due as capital. Out of this sum Rs. 2,500 was deposited with the defendant's predecessor on the conditions set forth in an ekrarnama, dated 18th Magh-1317, marked Ex. 1 in this case. The material term in the ekrarnama with which we are concerned is contained in Clause 4. That clause provides that the sum of Rs. 2,500 would carry interest at the rate of 5 1/4% which would come upto Rs. 131-4-0 per annum. To this sum, the defendant's predecessor was to contribute out of his own pocket a sum of Rs. 118-12-0, making in the aggregate a sum of Rs. 250 which was to be spent in the performance of Durgapujah. The ekrarnama also provides that if the defendants' predecessor, or the defendants are unabl...
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