Kolkata Court February 1950 Judgments
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Dwarika Prosad and ors. Vs. Dr. B.K. Roy Choudhury and ors.
Court: Kolkata
Decided on: Feb-03-1950
Reported in: AIR1950Cal349
Sen, J.1. This rule was obtained by the petitioners against whom an order has been passed in proceedings under Section 133, Criminal P. C., by the Sub-Divisional Magistrate of Asansol directing the petitioners to refrain from working in icecream making machine between the hours of 11 P. M. and 5 A. M.2. The case against the petitioners briefly is as follows : The petitioners have a shop in certain premises where they make icecream. The icecream is made in a refrigerator. It is said that the noise created by the working of the refrigerator constitutes a public nuisance. The defence taken is that the noise made is not a public nuisance. The learned Magistrate, as I stated before, has passed an order restraining the petitioners from working this machine for a certain period, A motion was taken from this order to the Sessions Judge and he has confirmed it.3. The first point raised by learned advocate appearing for the petitioners is that the alleged nuisance, if it be a nuisance at all is ...
Rati Kanta Haldar and ors. Vs. Burro and ors.
Court: Kolkata
Decided on: Feb-03-1950
Reported in: AIR1950Cal354
G.N. Das, J.1. These Letters Patent Appeals arise out of suits for recovery of rent in respect of a jalkar in the river Ichhamati which again is a part of a bigger jalkar called Jalkar Jainti Gachi. The defendants are the appellants in this Court. The plaintiffs claim rent at the rate of Rs. 1-6-0 per boat and 0-11-0 as per man. The claim is for the period 1344 to 1317 B. S. The plaintiffs claim the right to recover rent as lessees from 91/2 AS. as proprietors of the jalkar. The proprietors are said to be entitled to an exclusive right of fishery in the said jalkar. The remaining 61/2 as. proprietors are not parties to the present suits. The plaintiffs however claim 16 As. rent on the ground that they have acquired a right thereto on the basis of the lease granted by 91/2 As. proprietors and by long possession. The basis of the claim is a settlement alleged to have been taken by the defendants from the plaintiffs. In the plaint the plaintiffs claim either rent on the basis of the settl...
Abdul Rahim Naskar Vs. Abdul Jabbar Naskar and ors.
Court: Kolkata
Decided on: Feb-03-1950
Reported in: AIR1950Cal379,54CWN445
Harries, C.J. 1. This is a petition for revision of an order of a learned Subordinate Judge refusing to amend a plaint. The plaintiff brought a suit for a declaration of his title in certain land of which he claimed to be in possession. The land wag described in Schedule Ka of the plaint and the plaintiff claimed a six anna interest therein. On one reading of the plaint it would appear that the plaintiff claimed an undivided six annas in the plots mentioned in the schedule. But we cannot overlook the fact that in the body of the plaint he claimed that he had been in exclusive possession of the six annas which had apparently been allotted to him on a partition. Being in exclusive possession of his share suggests that the six annas in the property mentioned in schedule Ka must have been demarcated and therefore his claim was to specific portions of each of the plots mentioned in the schedule.2. As the case proceeded, the plaintiff realised that it would be necessary to amend the plaint i...
Badri Prasad Jhunjhunwalla Vs. Babulal Jhunjhunwalla and ors.
Court: Kolkata
Decided on: Feb-02-1950
Reported in: AIR1950Cal368
Sarkar, J. 1. This is an appeal from an order made by the learned Subordinate Judge at Asansol, directing an attachment before judgment. The suit is on a loan which was said to have been advanced by the plaintiffs to one Kaliprosad Jhunjhunwalla who was in charge of a business. Kaliprosad being dead the suit has been brought against the members of the family which carried on that business.2. The plaintiffs applied for attachment before judgment in respect of their claim in this suit of a certain decree which had been passed in favour of defendant 1 who is the senior most member of the family, on 28th January 1948. Notice was issued by the learned Subordinate Judge which was served by affixation at the door of the residence of the defendants. The defendants' case is that they did not get this notice and in those circumstances they did not appear to show cause. The learned Subordinate Judge thereupon passed an order for attachment before judgment ex parte. Subsequently, the defendants ma...
Kalu Mandal and ors. Vs. the State
Court: Kolkata
Decided on: Feb-02-1950
Reported in: AIR1950Cal412
Sen, J.1. The appellants Kalu Mandal, Yasin Mandal, Abdul Sattar Mandal and Fakir Ahmed have been found guilty of committing the offence of rioting and sentenced to rigorous imprisonment for one year. They have also been founds guilty of having committed culpable homicide punishable under the first portion of Section 304, Penal Code, and sentenced to undergo rigorous imprisonment for three years. The accused Golam Mandal has been found guilty of abetment of the aforesaid culpable homicide and sentenced to undergo rigorous imprisonment for three years. The appellants were tried by Sri N. Chakravarty, Sessions Judge of Nadia and a jury. Against this order of conviction and the sentences the present appeal has been laid.2. The case for the prosecution briefly is as follows : On llth April 1949, the appellants together with one Hasim, who is absconding, came upon the land of one Maharani Bibi and forcibly plucked coconuts from the trees growing thereon. Maharani Bibi and a relation of hers...
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