Kolkata Court September 1947 Judgments
Panchu Das Bhowmik and ors. Vs. Asraf Ali
Court: Kolkata
Decided on: Sep-16-1947
Reported in: AIR1948Cal129
ORDERHarrier, C.J.1. This is a petition for revision of an order of a learned Magistrate taking cognizance of a complaint.2. The opposite party filed a complaint against the petitioners alleging that they had trespassed upon his land, reaped paddy and wrongfully carried it away. The case for the opposite party was that his wife had obtained a decree from Court respecting this land and had obtained khas possession under an order of the Court, Presumably, the defence was that the present petitioners were in possession throughout.3. The opposite party filed a complaint and eventually the case was dismissed as the opposite party failed to appear. A revival petition was put in which was treated as a fresh complaint and in due course this also was dismissed for failure of the opposite party to appean. On the day following another revival petition was put in and another Magistrate took cognizance and examined the opposite party under Section 200, Criminal P.C.4. In the last reyival petition, ...
Tag this Judgment!NizamuddIn and anr. Vs. Jinnat Hossain
Court: Kolkata
Decided on: Sep-16-1947
Reported in: AIR1948Cal130
ORDERHarries, C.J.1. This is a petition for revision of an order of the learned Third Presidency Magistrate convicting the petitioners under Section 448, Penal Code and sentencing each of them to pay a fine of Rs. 100.2. It appears that the petitioners were landlords of Certain premises situate in Synagogue Street. The complainant was a tenant of a shop for which he paid the petitioners rent at the rate of Rs. 65 per mensem. During the very serious disturbances in August 1946 the complainant left the premises and the premises were padlocked. The complainant never communicated with these landlords and never paid any rent. The landlords becoming disturbed applied to a learned Magistrate for permission to break into these premises. Obviously, the learned Magistrate could not grant them such permission, but he told them that they could do so at their own risk. They did enter the premises by removing the padlock. They are now prosecuted for criminal house trespass.3. There can be little dou...
Tag this Judgment!Brindaban Shaw Vs. Narendra Nath Sarkar and ors.
Court: Kolkata
Decided on: Sep-11-1947
Reported in: AIR1948Cal192
Harries, C.J.1. This is a petition for revision of an order of a learned Presidency Magistrate refusing to take action under Section 144, Criminal P.C.2. The petitioner is the owner of certain huts situate at 65, Cornwallis Street in this City. These structures are said to be in a dilapidated condition and might collapse at any moment. According to the petitioner, the Calcutta Corporation on 20-12-1946 served a notice upon him directing him to pull down the structures within seven days, and this notice apparently was also served upon the tenants who were in possession. The petitioner says that he had called upon his tenants to vacate but that they refused to do so. That being so, he moved the Criminal Court under Section 144, Criminal P.C., for an order calling upon the tenants to vacate the premises.3. It appears to me that proceedings under Section 144 were wholly misconceived. Under that section a Magistrate may by a written order stating the material facts of the case direct any pe...
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