Kolkata Court July 1948 Judgments
Satish Chandra Vs. the King
Court: Kolkata
Decided on: Jul-29-1948
Reported in: 1949CriLJ161
ORDERSen, J.1. The petitioner has been convicted by the Additional Presidency Magistrate, Calcutta, of having committed house trespass, an offence punishable under Section 448, Penal Code and sentenced to pay a fine of Bs. 50 in default to under, go rigorous imprisonment for one month.2. The case for the prosecution is as follows: The complainant is a tenant under the accused with respect to certain premises, 87 Pataldanga Street. He left the premises temporarily after the communal disturbances of August 1946. He came back after some months, but further disturbances taking place in May 1947, he again -shifted his residence to another place but continued to use the aforesaid premises as an office. On 2nd October 1947 the accused broke open the lock and took possession of the premises. It is not the case for the prosecution that at the time of the alleged unlawful entry of the accused any one was there or that any one protested. Evidence was given on behalf of the prosecution to show tha...
Tag this Judgment!Ramesh Chandra Patra Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Jul-28-1948
Reported in: 1949CriLJ146
ORDERSen, J.1. This rule was obtained by the petitioner Ramesh Chandra Patra who was prosecuted at the instance of the Corporation of Calcutta in the Court of the Municipal Magistrate. It is alleged that a wall belonging to the petitioner encroached upon a Corporation drain, and that he had been required by the Corporation to demolish it but had not done so, The learned Magistrate has found that there has been an encroachment and he has directed the petitioner to remove the offending portion of the wall within one month from the date of the judgment. In default he has directed that the Corporation of Calcutta would be entitled to remove the wall.2. The main argument urged against his order was that the learned Magistrate had no jurisdiction to pass an order of demolition. It was contended that Section 488, Calcutta Municipal Act which provided for punishment of certain offences only empowered the .Magistrate to inflict a fine. The learned Advocate for the Corporation points out that it...
Tag this Judgment!Jnan Prosanna Das Gupta and anr. Vs. the Province of West Bengal
Court: Kolkata
Decided on: Jul-27-1948
Reported in: 1949CriLJ1
Harries, C.J.1. These are two petitions-under Section 491, Criminal P.C.2. In Miscellaneous Case no. 85 of 1948 the petitioner is one Jnan Prasanna Das Gupta who has filed the petition on behalf of his brother Satya Prasanna Das Gupta who is at present detained in the Presidency Jail, Alipore, In, Misc. case. No. 108 of 1948 the petitioner is Balendra Nath Mukherjee who has filed the-petition on behalf of his brother Hiren Mukherjee who is also detained in the Presidency jail,. Alipore.3. In the petition filed in Misc. case No, 8fr of 1948 it is stated that the detained person, Satya Prasanna Das Gupta, was an active worker in the Communist Party of India and an important Trade Union leader in the industrial1 area of Barraokpore. It is alleged that. Satya. Prasanna Das Gupta was very successful in. persuading industrial workers in the Barrack-pore area to join the All India Trade- Union.- Congress and to break away or refuse to join the Indian'National Trade Union Congress, an organisa...
Tag this Judgment!Pannalal Show and anr. Vs. Nanigopal Biswas
Court: Kolkata
Decided on: Jul-26-1948
Reported in: 1949CriLJ142
ORDERSen, J.1. This is a Rule obtained by the two accused Pannalal Shaw and Chunilal Shaw who have been convicted of having caused hurt to the complainant Nani Gopal Biswas and sentenced to pay a fine of Bs. 30 in default to suffer rigorous imprisonment for 3 period of one month. The complainant's case briefly is as follows ; The complainant is a tenant of the two accused. His rent fell into arrears. On 6th September 1947 there was an alternation between the accused landlord and the complainant over the matter of rent and the accused Pannalal beat the complainant with his fists and shoes. The accused Chunilal beat the complainant; with a lathi. As a result; of the beating the complainant sustained injuries. Some persons came and prevented the complainant from being further beaten. Then the two accused persons got the complainant arrested on a false charge that he was drunk and disorderly and had him taken to the thana where a petty case of drunken and disorderly behaviour was started. ...
Tag this Judgment!The Suprintendent and Remembrancer of Legal Affairs Vs. Bidhindra Kuma ...
Court: Kolkata
Decided on: Jul-23-1948
Reported in: 1949CriLJ231
ORDERRoxburgh, J.1. This is a rule obtained at the instance of the Province of West Bengal against an order of the Sessions Judge of 24-Parganas dated 31st May, directing that the opposite parties be released on bail on the ground that the petitioners before him had been in detention for more than 15 days without a charge sheet being submitted, and that this could not be done under Section 167, Criminal P. C. The learned Judge has entirely overlooked the provisions of Section 344, Criminal P. C. Section 167 which limits the period of detention to 15 days is applicable both to a Magistrate having jurisdiction to try the case and also to other Magistrate and limits the total period of detention to 15 days. In the case of & Magistrate who has no jurisdiction to try the case he must within the period forward the accused to a Magistrate having jurisdiction. The section then applicable for further detention is Section 341 of the Code and the explanation to that section indicates, in our opin...
Tag this Judgment!Harendra Nath Mandal Vs. Bejoy Krishna Das and anr.
Court: Kolkata
Decided on: Jul-21-1948
Reported in: 1949CriLJ241
ORDERSen, J.1. This is a rule against an order of acquittal. The facts which need be stated briefly are as follows: Certain property belonged to one Mohan Lai Singh who died leaving two brothers Murarilal Singh and Manilal Singh and two children who are the two accused Bejoy Krishna Das alias Singh and Subal Chandra Das alias Singh as well as certain other female children with whom we are not concerned. Upon Mohan- lal's death, proceedings were started by Murarilal Singh and Manilal Singh under part vii, Succession Act. Some proceedings were started to determine who were entitled to the property. Pending the determination of those summary proceedings the complainant, Harendra Nath Mandal was appointed curator of the property left by the deceased in accordance with the provisions of Section 195, Succession Act. The curator took possession of the- properties and made an inventory thereof. Amongst the properties was an almirah which was left in the custody of Murarilal Singh and Manilal S...
Tag this Judgment!Mullukchand Sheikh and anr. Vs. the King
Court: Kolkata
Decided on: Jul-14-1948
Reported in: 1949CriLJ135
ORDERRoxburgh, J.1. This is a rule against an order of conviction under a. 297, Penal Code, The petitioners are father and son. The father was sentenced to rigorous imprisonment for one day and to pay a fine of Bs. 100. The son was sentenced to be detained till the rising of the Court.2. We should here point out that the learned Magistrate apparently was under the impression that rigorous imprisonment for one day and detention till the rising of the Court were different punishments, and there has been some trouble in the lower Court because the learned Magistrate wished to insist on sending the accused to jail. We should point out that in the case of imprison-ment for one day, as the day on which the sentence is passed counts as one day, the accused could not be detained in jail on a warrant issued: for such a period. In other words, there should be no further trouble on this point. The accused must be taken to have suffered this imprisonment.3. The only point urged before us was that ...
Tag this Judgment!M. Rahaman Vs. R. D. Khambatta
Court: Kolkata
Decided on: Jul-07-1948
Reported in: 1949CriLJ154
ORDERBlank, J.1. The proceedings from which this rule arises have gone on since 10th February 1947 but it is not necessary to go into the long history of applications for adjournments and changes of Court. Suffice it to say that the complainant filed a petition before the Chief Presidency Magistrate to the effect that he replied to an advertisement for a financier for a timber business and that he joined the petitioner in such business. An agreement was arrived at of which the following terms are material: In para, 1 of the agreement the parties described themselves as partners. In para, 3 the complainant undertook to invest money to the extent of Rs. 50,000 and the petitioner was described as the working partner, the business to be managed by the parties to the agreement jointly. Paragraphs 8 and 9 of the petition recite that the stock-in-trade was to remain the property of the complainant and that the petitioner was to have no property interest in the funds of the partnership 'except...
Tag this Judgment!Subol Chandra Koley and anr. Vs. the King.
Court: Kolkata
Decided on: Jul-02-1948
Reported in: 1949CriLJ157
ORDERRoxburgh, J.1. This iS a rule obtained by two accused who have been convicted under B. 6, Bengal Cruelty to Animals Act, 1920, for performing 'the operation called phuka' on a certain cow on lat June 1946.2. The petitioner, Subol Chandra Koley has been sentenced to three months' rigorous imprisonment and Keru Barik has been sentenced to pay a fine of Its. 50, in default to suffer rigorous imprisonment for one month.3. The principal ground urged before us was that a certain note by Mr. P. J. Kerr, M. B. O. V. S., I. V. S., Veterinary Advisor to the Govern, ment of Bengal, dated nth March 1930, describing 'phuka' a practice applied to milch cows, and marked as Ex. 7 in the case, was not admissible in evidence. This note describes the methods applied, and the first method described is that lips of the vulva are held in each hand and opened, the operator then blows in with his mouth closing thE lips between each blow to retain the air blown in. This is continued until the cow shows de...
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