Kolkata Court July 1951 Judgments
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Pramatha Nath Vs. the State
Court: Kolkata
Decided on: Jul-26-1951
Reported in: AIR1951Cal581
P.B. Mukharji, J.1. This is an application in revision by one Pramath Nath Harabab for setting aside the order of the Magistrate of Uluberia dated 12th April 1950.2. The applicant was convicted under Section 465/ 110, Penal Code, for having abetted forgery of a document. The document in question is a petition for withdrawal filed before the Appellate Officer Uluberia under the Bengal Agricultural Debtors Act.3. There was another co-accused by the name of Suchandra Kumar Samanta. He was charged under Section 465 Penal Code, for having forged that particular document. Suchandra has been acquitted by the Sessions Judge.4. Two main points have been argued before us on behalf of the applicant. One is that the offence disclosed is not one of forgery and the other is that in any event there is no abetment of such offence with which the applicant has been charged. It is necessary to set out here at the outset the charge against the applicant. The charge was that on 4th May 1948 the applicant i...
Rajlakshmi Devi Vs. the State
Court: Kolkata
Decided on: Jul-24-1951
Reported in: AIR1953Cal154,56CWN221
R.P. Mookerjee, J. 1. The only question for decision in this case is whether there are sufficient grounds to dispense with the personal attendance in court of the accused, a purdanashin Hindu lady, and to permit her to appear through a Pleader. 2. There is no doubt that merely because the accused is a purdanashin woman, she is (not?) entitled in a criminal case as a matter of right to be exempted from personal attendance at Court. The screen must not be used to defeat the ends of justice. At the same time the discretion, vested in Court under Section 205, Criminal P. C., where a purdanashin lady is an applicant for dispensing with the personal attendance in Court, must be reasonably exercised. After due consideration of all the attendant circumstances including the social status, custom and practice of the petitioner accused as also the nature of the offence it is to be decided whether personal presence is essential. 3. As for instance if there be a question of identification of any pe...
Union of India (Uoi) and anr. Vs. Elbridge Watson
Court: Kolkata
Decided on: Jul-23-1951
Reported in: AIR1952Cal601,56CWN232,[1951]20ITR400(Cal)
Banerjee, J.1. This is an appeal from an order made by S. R. Das Gupta J., directing that the appellant Income-Tax Officer do revise an order which was made by him on March 18, 1949 and make it consistent with the order for instalments which was made by the Certificate Officer, 24-Parganas, on May 25, 1950.2. In the petition the petitioner who is the respondent before us asked for:(a) Issue of a writ of mandamus or a writ of a like nature; of an order directing the Income-tax Officer to show cause why the order complained of and dated the 18th March, 1949, should not be set aside;(b) quashing the said order etc.3. The Income-Tax Officer alone was party to the petition.4. A Rule Nisi was granted on this petition directing the Income-Tax Officer to show cause why the order made by him under Section 46 (5A) of the Indian Income Tax Act and dated 18th March 1949 should not be set aside and/ or quashed.5. This Rule was served also on the Appellant Union of India and thus it was made a party...
Kali Prosanna Roy Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-23-1951
Reported in: AIR1952Cal769,56CWN492
ORDERBose, J.1. This is an application under Article 226 of the Constitution for a Writ in the nature of Certiorari for quashing an Order of Suspension dated 27th May 1950 passed by the Rent Controller, Calcutta.2. On 22nd January 1945 the petitioner was appointed as Cashier at the Rent Controller's Office, Calcutta.3. On 27th May 1950 the petitioner was suspended by the Rent Controller upon the accusation of the Registrar of the Office of the Rent Controller that the petitioner had defalcated a sum of Rs. 17,649-0-6. A formal complaint was also lodged against the petitioner at the Hare Street Police Station on that very day and the petitioner remained in Police custody till 7th June 1950 when he was released on bail by Order of the Chief Presidency Magistrate, Calcutta.4. Thereafter the petitioner made representations for payment of his salary to the Rent Controller and it appears that a sum of Rs. 55 per month is being given by way of subsistence allowance from the date of suspension...
Abhimanyu Adak Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-20-1951
Reported in: AIR1952Cal118,55CWN693
ORDERBose, J.1. This is an application under Article 226 of the Constitution for a rule to show cause why a Writ in the nature of Mandamus or a direction should not issue calling upon the Respondents to release or return certain quantities of paddy seized by the Respondents under the Bengal Food Grains (Disposal and Acquisition) Order 1947, or for other directions as this Court may deem fit to make in the circumstances of this case.2. The petitioner is a 'Raiyat Sthitiban' with respect to 76 bighas of land situated in Village Deul in Mouza Paschim Jota in Police-Station Mathurapore in the district of 24 Parganas.3. The petitioner resides with his family consisting of 8 members in village Dighirpar Bakultala which is 3 or 4 miles away from the village of Deul. The lands at Deul are leased out to different persons for cultivation in Bhag System after taking Kabuliyats from them. It is provided in the said Kabuliyats that the Bhag tenants would deliver paddy at the rate of 4 maunds per bi...
Sukanta Halder (In Custody) Vs. the State
Court: Kolkata
Decided on: Jul-20-1951
Reported in: AIR1952Cal214
R.P. Mookerjee, J.1. This is a petition for revision on behalf of the editor, printer and publisher of a Bengal Monthly Magazine 'Nara Nari' against a conviction by the Presidency Magistrate, Calcutta under Section 292 of the Indian Penal Code. The petitioner has been sentenced to rigorous imprisonment for two months and a fine of Rs. 200/-, in default to rigorous imprisonment for two weeks.2. The principal question in this case is whether the impugned portions of the three issues of the magazine in question are obscene coming within the mischief of Section 292 of the Indian Penal Code.3. The word 'obscene' has not been defined' in the Indian Penal Code. Section 292 of the Code, as it now stands, was introduced into the Code by the Obscene Publications Act (VIII of 1925) with a view to give effect to Article 1 of the International Convention for the Suppression of the Circulation of, Traffic in Obscene Publications, signed at Geneva on behalf of the Government of India in 1923. No atte...
Ram Chandra Pal Vs. Hiramba Kumar Pal and ors.
Court: Kolkata
Decided on: Jul-20-1951
Reported in: AIR1952Cal502,55CWN686
ORDERBose, J.1. This is an application under Article 226 of the Constitution for a Writ in the nature of Mandamus directing the respondents to refrain from acting under the powers purported to have been conferred on them under Clause (3) of the Bengal Food Grains (Disposals and Acquisition) Order, 1947 and to return the paddy seized from the possession of the petitioner and also for order for cancellation of orders of requisition and seizure made in respect of quantities of paddy mentioned in the petition.2. The petitioner is an agriculturist and has got agricultural lands and his Khamar at Dheragaria in Police Station Gopiballavpur in the district of Midnapore.3. It is alleged that this year after the paddy was reaped from the petitioner's lands and the lands of his father-in-law Ananta Lal Ghosh and the lands of his brother-in-law Madhab Chandra Paira and all the paddy had been stacked in the petitioner's Khamar, a Notice signed by the Respondent No. 2, the Assessor Inspector of Gopi...
Girish Chandra Majhi Vs. Girish Chandra Maity
Court: Kolkata
Decided on: Jul-19-1951
Reported in: AIR1951Cal574,56CWN320
Chakravartti, J.1. This Rule is directed against two orders under the West Bengal Bargadars Act, one by a Conciliation Board passed under Section 7 (1) (c) of the Act and another by the Appellate Officer, confirming the Board's order. By the said orders the Board and the Appellate Officer have rejected an application of the petitioner to recover from the opposite party some land held by the latter as a Bargadar under him.2. The opposite party holds three plots of land under the petitioner as a Bargadar and we are informed that the barga settlement was taken about three or four years ago. Towards the middle of 1950, when the provisions of the West Bengal Bargadars Ordinance had not become generally known, the petitioner intimated to the opposite party his intention to terminate the barga settlement and to take over the possession of the land. Thereupon, on 17-6-1950, by which date the West Bengal Bargadars Act had been passed and had come into force, the Opposite Party made an applicati...
Mahammad Idrish Vs. the State
Court: Kolkata
Decided on: Jul-18-1951
Reported in: AIR1952Cal139
R.P. Mookerjee, J.1. This Rule was issued on the District Magistrate, 24 Parganas why the order for sale complained of should not be set aside or such other or further order or orders made as to this Court may seem fit and proper. There were other reliefs prayed for but the Rule as issued did not include such other reliefs.2. The petitioner before us is the owner of a large business concern at Budge Budge. On the 12th October, 1950, Officers of the Enforcement Department of the Government visited the shop. It is alleged that along with other articles mill-made textile goods as also textiles made by power looms were kept at that shop for sale. The Enforcement Department sent a test purchaser to the shop on the date aforesaid. One piece of mill-made cloth was sold to him at a price higher than what was marked On the cloth, as being the fair price for retail sale. The shop was immediately thereafter raided and searched. No price list was exhibited at the shop and certain books required to...
Banamali Das Vs. Pakhu Bhandari
Court: Kolkata
Decided on: Jul-17-1951
Reported in: AIR1951Cal167,55CWN675
Harries, C.J.1. This matter has been referred to this Court by the learned Ses. J. of Birbhum under the provisions of a circular letter addressed to all Courts by this Court calling their attentions to the provisions of Article 228 of the Constitution of India. This Court being satisfied that the case transferred involved a constitutional point, notice was given to the parties & the constitutional point involved has been the subject-matter of argument before us.2. The constitutional point involved in this case is whether or not the West Bengal Hindu Social Disabilities Removal Act of 1949 is ultra vires the Constitution of India.3. On 3-1-1951, one Banamali Das lodged a, complaint before the Sub-Divisional Officer of Suri against the accused & others alleging that the accused had refused to cut the complainant's hair & also to render services to other persons who belong to the same caste as the complainant, his caste being that of a cobbler or leather worker. After recording the eviden...
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