Kolkata Court January 1949 Judgments
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The Corporation of Calcutta Vs. Radhakrishna Dev and ors.
Court: Kolkata
Decided on: Jan-06-1949
Reported in: AIR1952Cal222
Sen, J.1. This appeal is by the plaintiff the Corporation of Calcutta and it arises out of a suit for the recovery of arrears of rates for the period between the fourth quarter of 1930-1931 to the third quarter of 1934.2. It will be necessary for me to set out certain events which have happened in the conduct of this suit. In the suit as originally framed the plaintiff claimed that the arrears of rates were due in respect of premises No. 31 Elgin. Road. There was a claim for one lump sum against all the defendants and for a declaration of a charge with respect to premises Not 31 Elgin Road. Prior to the trial of the suit the plaintiff was asked to admit certain facts by the defendants and pursuant to this application the plaintiff admitted that premises No. 31, Elgin Road had been sub-divided into 12 different premises prior to the period for which the rates and taxes were claimed and that these 12 different premises were held separately by the different defendants. The learned Munsif ...
Bholaprosad Lala Vs. the King
Court: Kolkata
Decided on: Jan-06-1949
Reported in: 1949CriLJ590
Harries, C.J.1. this is a petition for revision of an order made by & learned Additional Presidency Magistrate convicting the petitioner of an offence under Section 7(l), Essential Supplies Act and sentencing him to pay a fine of Rs. 2C0 and in default of payment, to undergo rigorous imprisonment for two months. Certain articles which were seized were ordered to be forfeited.2. There can be no doubt that the petitioner was on 30th August 1943, in charge of a hand-cart on which were loaded two bales of yarn and 10 bundles of yarn. He was stopped by a Sub-Inspector of the Enforcement Branch whiter crossing the Howrah Bridge. The hand oart was searched and the goods were found in it, The petitioner was in due course sent for trial and was charged under the Essential Supplies Act for moving cloth or yarn from the Calcutta District to the Howrah District without a permit issued by the Director under the West Bengal' Cotton Cloth and Yam Movements Control Order, dated 19th December 1947, mad...
Sairu Seikh and anr. Vs. Shyamlal Sardar
Court: Kolkata
Decided on: Jan-05-1949
Reported in: AIR1952Cal200
Harries, C.J.1. These are two petitions for revision of orders passed by a learned Magistrate restraining the petitioners from entering upon two disputed plots of land. The Magistrate purported to act under Section 144 of the Code of Criminal Procedure.2. It seems clear that the disputed land had been held by the opposite party and it is admitted by the petitioners that it was at one time held by the opposite party as a service tenure-holder. According to the opposite party it has been held fey his ancestors for about hundred years or so.3. According to the petitioners the opposite party ceased to perform the services required and abandoned the property. He left the service of the Zamitidar and neither cultivated nor possessed the land for some time. According to the petitioners the 'zamindar then settled the land with them and they entered into possession and ploughed the land and later sowed paddy on it.4. In the month of August the opposite party seems to have made a complaint and a...