Kolkata Court November 1949 Judgments
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Radha Govinda Dutta and anr. Vs. Saila Kumar Mukherjee
Court: Kolkata
Decided on: Nov-22-1949
Reported in: AIR1950Cal343
ORDERSen, J.1. This rule has been obtained by two persons who were tried foe having defamed the Chairman of the Howarh Municipality. They were convicted and sentenced to pay certain fines, in default to undergo simple imprisonment for certain terms. Out of the fines compensation was directed to be paid to the complainant. The decision of the trial Court was upheld in appeal by the Sessions Judge and it is with respect to the last decision that the present rule has been obtained.2. The facts briefly are as follows : The accused Radha Gobinda Dutta was the Editor and the accused Lakshmi Kanta Bhattacharjee was the printer of a Bengali daily newspaper known as the Paschim Banga Patrika. On 8th July 1948 an article was published in that paper in the form of a questionnaire. This is Ex. 1. It is the case for the prosecution that this article defamed the complainant Saila Kumar Mukherjee, the Chairman of the Howarh Municipality and that the accused committed an offence punishable under Secti...
Mansad Mondal Vs. the King on the Complaint of Baidya Nath Choudhury
Court: Kolkata
Decided on: Nov-21-1949
Reported in: AIR1951Cal411
ORDERSen, J.1. This rule has been obtained by the petnr. who has been tried for contravening certain provisions of the District Board Bye Laws and who has been convicted for disobeying Section 46 read with Sections 2 & 3 of the aforesaid Bye Laws and sentenced to pay a fine of Rs. 30, in default to undergo simple imprisonment for one month.2. The case against the petnr. briefly is that he encroached upon the District Board Road and in spite of notice did not remove the encroachment.3. The defence is that there was no encroachment upon the District Board Road but that the alleged obstructions were made upon the land of the petnr. The next point taken was that the prosecution was void ab initio by reason of the fact that there was no sanction by the Board for this prosecution.4. In view of the conclusion at which I have arrived it will not be necessary for me to go into the question whether or not there has been a disobedience of the Bye Laws. Section 141, Bengal Local Self-Govt. Act, 18...
Jatindra Nath Vs. Manindra Nath and anr.
Court: Kolkata
Decided on: Nov-21-1949
Reported in: AIR1950Cal330,54CWN384
ORDERSen, J.1. This rule has been obtained by an accused person who has been convicted for having committed an offence punishable under Section 290, Penal Code and sentenced to pay a fine of RS. 100, in default to undergo simple imprisonment for one month.2. The facts alleged against the petitioner briefly are as follows: He is the tenant in respect of certain premises in Nabadwip. In these premises live a number of young women of immoral character. Men of bad character come to the house and disturb the neighbour-hood by singing obscene songs and having drunken brawls. The occupants of the premises also throw dirty rags on the road and near the premises occupied by the neighbours. The defence taken is that the petitioner is the Secretary of an institution known as the Nari O Shishu Ashram. The Society carried on philanthropic work by rescuing unfortunate women and giving them protection in the premises where it is alleged by the prosecution this public nuisance has been committed. The ...
Anila Bala Devi Vs. the Chairman, Kandi Municipality
Court: Kolkata
Decided on: Nov-21-1949
Reported in: AIR1950Cal350
Acts/Rules/Orders: Criminal Procedure Code (CrPC), 1898 - Sections 205, 349 and 500Cases Referred: Raj Rajeswari Debi v Emperor, 15 Cri. L. J. 281, 23 I. C. 489 Cal; In Re: Mrs. Sukhalata Gupta, 21 C. W. N. 168Order1. This rule was issued at the instance of Anila Bala Devi, who is a Pardanashin lady belonging to a very respectable family and is called the Rani of Jemo Rajbati Madhyam Taraf. On the complaint of the Chairman of the Kandi Municipality, she was summoned under S. 349/500, Bengal Municipal Act (ACT XV [15] of 1932, Bengal).2. Section 349 gives power to the Commissioners of a Municipality to require cleansing of sources of water used for drinking or culinary purposes. Section 500 deals with non-compliance with the orders of the Commissioners. The punishment in the present case at the maximum was a fine of Rs 50.3. This respectable Pardanashin lady applied before the Sub-Divisional Magistrate of Kandi for permission to appear by a pleader. What has surprised us most is why the...
Nrisinha Kumar Sinha Vs. Shyam Sundar Debanshi and anr.
Court: Kolkata
Decided on: Nov-18-1949
Reported in: AIR1950Cal196
G.N. Das, J.1. This appeal is by the plaintiff. The plaintiff's case is that the disputed lands are the choukidari chakran lands situate in mouja Jamuni and Kanaipur appertaining to touji no. 1401 of the Birbhum Collectorate. The previous number of the touji was No. 139 of the Murshidabad Collectorate. On 29th June 1939 a requisition for payment of dues under the Village Choukidari Act was issued under Section 59 of the said Act. Thereafter without serving a notice under Section 5, Bengal Land Revenue Sales Act, 1859, the said choukidari chakran lands were advertised for sale after the issue of a notice under Section 6, Bengal Land Revenue Sales Act 1859. The sale took place on 19th September 1939 and the disputed lands were purchased by defendant 1, at the highest bid. The plaintiff who owned 4 as. 8p. share in the disputed lands instituted this suit for setting aside the sale and for recovery of possession, There was an alternative prayer for reconveyance if the prayer for setting as...
Sk. Ohid and ors. Vs. the Crown
Court: Kolkata
Decided on: Nov-18-1949
Reported in: AIR1950Cal177
Das Gupta, J.1. This application is against an order of the Additional Sessions Judge of Midnapur under Section 123, Criminal P. C., directing the petitioners to execute bonds for good behaviour for a period of three years, and in default to undergo rigorous imprisonment for the same period.2. Proceedings under Section 110, Criminal P. C., were drawn up against these petitioners and other persons, the allegations being that they were habitual thieves, robbers, house breakers and were so dangerous and desperate that their being at large without security was hazardous to the community. A large number of witnesses were examined on behalf of the prosecution and quite a fair number for the defence. The learned Magistrate came to the conclusion, on a consideration of the evidence, that the allegations that these persons were habitual thieves, robbers and house breakers had been established and it was necessary for the maintenance of good behaviour that they should be ordered to execute bonds...
Hakir Mahamed and ors. Vs. Abdul Majid and ors.
Court: Kolkata
Decided on: Nov-18-1949
Reported in: AIR1953Cal588
G.N. Das, J.1. This appeal is by the plaintiffs. The plaintiffs are the owners of a plot of land recorded in C. S. Dag No. 885. On the west of plaintiffs' properties lies C. S. Dag No. 770 which the plaintiffs claim as the village pathway. Beyond that lies C. S. Dag No. 854 which belongs to the defendants. The plaintiffs' case was that the defendants including defendant No. 5 Amina Bibi by a concerted act threw earth on the west portion of the said pathway and was preparing tp put a mud wall on that portion. The plaintiffs accordingly brought a suit for declaration that the disputed strip Schedule Ka of the plaint was a part of the village pathway and for a mandatory injunction directing the defendants to remove the earth which they have thrown and for a permanent injunction restraining the defendants from raising any wall on the disputed land. In the course of the suit, defendant No. 5 Amina died and an application for bringing her heirs on record was dismissed and the trial court dir...
Ghewarchand Rampuria Vs. Shiva Jute Bailing Ltd.
Court: Kolkata
Decided on: Nov-18-1949
Reported in: AIR1950Cal568
R.P. Mookherjee, J.1. This is an application in revision against an order of the learned Judge, Presidency Small Cause Court, Calcutta staying a suit tinder Section 31, Arbitration Act.2. The plaintiff's case as made in the plaint; is that the defendant company had entered into a contract with the plaintiff on 28th February 1946, for the purchase of a certain quantity of jute at Rs. 16-14-0 per maund. Against fee said contract the plaintiff had delivered some quantity of jute out of which the defendant company had rejected 28 bales on 14th May 1946 and called upon the plaintiff to remove the same from the defendant's custody. After the receipt of the aforesaid letter, the plaintiff repeatedly attempted to obtain delivery of the said 28 bales of jute but on some pretext or other the bales were not delivered. Ultimately, on 29th October 1946, the plaintiff wrote to the defendant company again requesting it to return the said bales. The defendant company had not delivered the bales. The p...
Ram Kalpa Kundu Vs. Kasi Nath Dutta and ors.
Court: Kolkata
Decided on: Nov-17-1949
Reported in: AIR1950Cal582,54CWN690
Sen, J.1. This is a second appeal by one of the decree-holders and it arises in the following circumstances. The appellant obtained a decree and in execution of it put certain property to sale. The sale was held on 31-10-1988. In the year 1945 the judgment-debtors made an application under O. 21, R. 90, Civil P. C. for setting aside the sale on the usual grounds. That application was imposed of upon compromise on 16-12-1945. By the terms of the compromise the judgment-debtors were to deposit either in Court or amicably with the knowledge of the Court the sum of Rs. 260 within the month of February 1946, the sum of Rs. 245 within the month of February 1947 and the sum of Rs. 245 within the month of February 1948 and also to deposit the sanja paddy and cash rent for the years 1353 and 1354 B. S. within the month of Chaitra of those years respectively. Upon this being done the sale would be set aside. The judgment-debtors were (to be ?) put in possession of the auction sold property as li...
Sree Sree Iswar Gopinath Deb Thakur and anr. Vs. Kameswar Nath and anr ...
Court: Kolkata
Decided on: Nov-17-1949
Reported in: AIR1950Cal189
G.N. Das, J.1. This appeal is on behalf of the defendants and arises out of a suit for recovery of arrears of road cess for the years 1343 to 1350 B. S. and education cess for the last half year of 1317 B. S. together with the penalty provided for in Section 58 of the Cess Act.2. The defence of the defendants was that neither the road cess nor the education cess is recoverable because notice under Section 51 of the Cess Act was not served according to law.3. The trial Court dismissed the plaintiff's suit in so far as it concerned the claim for recovery of road cess inasmuch as the service of notice under Section 54 of the Cess Act was not proved. The claim for recovery of education cess was however decreed. The judgment does not give us any indication of the reasons which led the trial Court to decree this part of the claim. Against the decision of the trial Court, the plaintiff preferred an appeal in so far as the trial Court dismissed the claim for recovery of road cess. The defendan...
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