Kolkata Court June 1949 Judgments
Ram Protap Kayan Vs. the National Petroleum Co. Ltd.
Court: Kolkata
Decided on: Jun-30-1949
Reported in: AIR1950Cal23,54CWN58
P.N. Mitra, J.1. The suit out of which this appeal arises was commenced by the respondent, the National Petroleum Co. Ltd. against the appellant Ram Protap Kayan for ejectment of the latter from a corrugated sheet shed and godown forming part of premises No. P-2 Paharpur Siding Road of the Port Commissioners of Calcutta in King George's Dock. There was also a claim for damages for wrongful occupation which was provisionally laid at Rs. 9400, The respondent's case was that its predecessor-in interest the National Petroleum Company (hereinafter referred to as the company) entered into business relationship with the appellant, the terms whereof were set out in an instrument of agreement executed by both the parties on 31st March 1981, that one of the terms of the said agreement was that the company would provide for the appellant a suitable shed and godown at a monthly rent of Rs. 60 in which the appellant would fit up his tin manufacturing machines and of which he would remain in occupat...
Tag this Judgment!Gadadhar Dey Vs. Sm. Rani Bala Dasi and ors.
Court: Kolkata
Decided on: Jun-30-1949
Reported in: AIR1950Cal109
R.P. Mookerjee, J.1. This appeal is on behalf of the plaintiff in a suit for recovery of Rs. 25 as compensation for cutting a way and appropriating a mango tree by the defendant. The plaintiff's case is that the defendant is a non-permanent thika tenant who has only the right to enjoy the fruits of trees that may be on the land but she has no right to cut away any trees even those grown by her. The defendant had removed a mango tree and the plaintiff had accordingly filed this suit for the recovery of Rs. 25 as compensation.2. The defendant admits that she had cut and appropriated the mango tree planted by her predecessor-in-interest and she contends that she has a right to do so under the law.3. The plaintiff's witness having admitted that the defendant and her predecessors had been in possession of the disputed land for over 100 years, the mango tree in question was held by the learned Munsiff, to have been planted by the defendant's predecessor--a case as made by the defendant. The ...
Tag this Judgment!Tobarak Mondal Vs. the King
Court: Kolkata
Decided on: Jun-29-1949
Reported in: 1950CriLJ157
Harries, C. J.1. This is an appeal by one Tobarak Mandal who was tried by a learned Sessions Judge and a jury upon a charge Under Section 366, Penal Code. The jury returned a unanimous verdict of guilty of an offence under that section and the learned Sessions Judge accepted the verdict, convicted the appellant and sentenced him to a term of five years' rigorous imprisonment. From that conviction and sentence the present t )peal has been preferred. The charge was that Tobarak Mandal had abducted a young married woman named Mentu Daaai the daughter of the complainant Jatil Mehna, from the house of Jatil Mehna in village Hariramput;.2. It appears that on Ashar 15 last Mentu Dasai was staying at the houae of her father and at about Candle-light time she went out to a tank called Bodipukur which was not far from the house of the complainant to ease herself, There it is suggested that she was abducted by the appellant with intent that she should be compelled to marry him against her will or...
Tag this Judgment!Osma Mistry and anr. Vs. Atul Krishna Ghosh and anr.
Court: Kolkata
Decided on: Jun-29-1949
Reported in: 1950CriLJ97
ORDERSen, J.1. This rule has been obtained by two persons who have been convicted of having com. mitted theft by the learned Magistrate, Sri S. C. Mukherjee, exercising first class powers at Diamond Harbour. On appeal the Additional Sessions Judge, 24 Parganas, upheld the order of the learned Magistrate with respect to the two -petitioners. Six persons were tried by the Magistrate and convicted. Four of these six were acquitted by the lower appellate Court. The sentence passed on the petitioners consists of a fine of RSection 100 each, in default rigorous imprisonment for a period of four months.2. Having regard to the order which I am about to pass it will not be necessary to state the facts in full. The case was argued with commendable fairness on both sides. Mr. Mukherjee appearing to oppose the Rule was of great assistance to this Court in determining the questions of law involved. The facts briefly are these : There is a plot of land which is being claimed on the one hand by Atul ...
Tag this Judgment!Necharuddi Safui Vs. Ayod Ali and anr.
Court: Kolkata
Decided on: Jun-27-1949
Reported in: AIR1951Cal319
K.C. Chunder, J.1. This is an appeal against an appellate decree of the Subordinate Judge, 1st Court Alipore, affirming the decision of the Munsif, second Court, Diamond Harbour, The facts are not disputed.2. The decree-holder appellant obtained a decree for contribution separately against the contesting respondent judgment-debtor l and also the judgment-debtor 2. The decree was not a joint decree. The judgment-debtor l had made a deposit in Court but the deposit was short by Rs. 4 and odd because of not depositing the costs decreed. The property of judgment-debtor l, as also that of judgment-debtor 2 who had made no deposit whatsoever and from whom the entire contribution money payable by him was due, were put up for sale and the property of judgment-debtor 1 was sold for Rupees 40. Rupees 4-8-3 were due from judgment-debtor l after the deposit made by him. The decree-holder was to have deposited Rs. 8 and odd as 25 per cent, of the purchase money even after giving a set off for the a...
Tag this Judgment!Kamla Pandey Vs. the King
Court: Kolkata
Decided on: Jun-23-1949
Reported in: 1949CriLJ1009
Harries, C.J.1. This is a petition for revision of an order of a learned Sessions Judge cancelling the petitioner's bail, The petitioner together with a man named Nageswar were charged with stealing from a railway wagon. Nageswar has been granted bail and he is still on bail, end it is to be observed that the allegation is that certain stolen property was found on a search of Nageswar's house.2. The petitioner was eventually granted bail by this learned Sessions Judge, but granted bail upon a condition, namely, that he did not leave the limits of the town of Midnapore, Had the petitioner been living in Midnapore no objection could be taken to this condition. But the petitioner is not an inhabitant of Midnaporo, but lived with his family at Kharagpur. Imposing a condition that he should not leave Midnapore is praotically tantamount to refusing bail. How can a man in ordinary oiroumstanoes afford to live at Midnapore when his family livod at Ebaragpur and in all probability his sole mean...
Tag this Judgment!Gul Bahar Vs. W.E. Farquhar
Court: Kolkata
Decided on: Jun-22-1949
Reported in: AIR1950Cal35
Harries, C.J.1. This is a petition for revision of an order of a learned Presidency Magistrate convicting the petitioner under Section 406, Penal Code and sentencing him to rigorous imprisonment for two months and to pay a fine of Rs. 200. In default of payment of the fine, the accused was sentenced to undergo a further period of 16 days' rigorous imprisonment.2. The petitioner was a tailor and according to the prosecution the complainant entered into a contract with the petitioner whereby he was to provide the petitioner with 800 yards of khaki drill which the petitioner was to use for making shirts for which the petitioner was to obtain a sum of annas ten per shirt. Delivery was to be made within one week. The complainant alleged that though he had delivered the material, the petitioner bad refused either to return the material or the shirts if they had been made out of the material.3. The defence of the petitioner was that he had done work previously for the complainant for which he...
Tag this Judgment!Pran Krishna Das Vs. Shyam Sundar Sarkar
Court: Kolkata
Decided on: Jun-22-1949
Reported in: 1950CriLJ205
ORDERSen, J.1. This is a Reference by the Additional Sessions Judge of Malda, West Dinajpur, recommending that the order passed in proceedings Under Section 133, Criminal P.C. by Sri T. P. Ghose, Magistrate exercising First Class Powers at Balurghat, should be set aside.2. The facts briefly are as follows : Pran Krishna Das filed an application Under Section 133, Criminal P.C. in the Court of the Sub Divisional Magistrate, Balurghat, alleging that the petitioner 'rihyimi Bundar Sarkar had obstructed a public pathway, Upon this application being made, the Magistrate ordered a preliminary enquiry by the police and thereafter he passed a conditional order Under Section 183, Criminal P.C. directing the petitioner to remove the obstruction or to appear before him and move to have the conditional order set aside. When the petitioner appeared before the learned Sub-Divisional Magistrate the learned Magistrate instead of holding any enquiry himself passed a somewhat curious order which I repro...
Tag this Judgment!Amulya Ratan Mukherjee Vs. Sm. Kanak Nalini Ghose and ors.
Court: Kolkata
Decided on: Jun-21-1949
Reported in: AIR1950Cal30
Lahiri, J.1. The appellant Amulya Ratan Mukherjee instituted the suit out of which this appeal arises for a declaration that the ex parte decree passed in Title Suit No. 52 of 1940 of the Court of the fourth Subordinate Judge, 24-Par-ganaa and the execution proceedings arising out of it and the auction sale held therein are not binding upon the plaintiff appellant and that the title of the plaintiff has not been affected by the said decree and sale. The subject-matter of the dispute is the pucca ancestral dwelling house of the plaintiff standing on 12 cottah and 13 chattacks of land in mouza Kantalpara police station Naihati. The case of the plaintiff is that his father Lakshmi Narayan Mukherjee borrowed a total sum of Rs. 2400 on the basis of three mortgage bonds on various dates between 1934 and 1937 from defendant 2, Kanak Nalini Ghose. On 9th August 1939, defendant 2 instituted Title Suit No. 52 of 1940 for sale of the mortgage premises for the realisation of her dues from Lakshmi ...
Tag this Judgment!The King Vs. Darbarilal Show
Court: Kolkata
Decided on: Jun-21-1949
Reported in: 1950CriLJ59
ORDERSen, J.1. This is a Reference by the Sessions Judge of Burdwan, recommending that the order of conviction and aentenca passed on one Darbarilal Shaw for having committed an offence punishable under Section 188, Penal Code, be set aside on the grounds stated in the Letter of Reference, The facts briefly are as follows :2. On 12th January 1948, a report was sub-mitted by the Khasmahal Tahsildar that Darbari. lal Bhaw was making additions and alterations in an old building in such a way as to encroach upon the Khasmahal lands on the Grand Trunk Road to the extent of 6 inches in breadth. Upon this report being made to the Sub-Divisional Magistrate, he sent it for disposal to another Magistrate Sri. J. K. Ghose who drew up proceedings according to the provisions of Section 144, Criminal P.C. On 9th February 1948, another report was submitted by the Khasmahal Tahaildar that the order Under Section 144, Criminal P.C. was being disobeyed. Upon this a complaint was made by the Magistrate S...
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