Kolkata Court December 1952 Judgments
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Basanta Kumar Maity Vs. Kenaram Maity
Court: Kolkata
Decided on: Dec-04-1952
Reported in: AIR1953Cal393,57CWN163
ORDERK.C. Chunder, J. 1. This is a Reference made by the Sessions Judge of Midnapore against an order under Section 522, Criminal P.C, passed by a Magistrate, 1st Class, of Contai. The facts are that the accused person in whose favour the Reference has been made was convicted under Section 325, Penal Code, that is, of using force and this force was used in connection with dispossession of the complainant from C.S. plot No. 2327. The learned Magistrate definitely found dispossession of the complainant and disbelieved the accused's case that they were fencing their own land and were protected by the right of private defence. Therefore all the elements necessary for Section 522, Criminal P.C. were present. The decision of Harries C.J. in -- 'Samdhu Roy v. Mati Khatik' AIR 1949 Cal 111 (A), has therefore no application as the whole judgment proceeded on the ground that Section 522, Criminal P.C. did not apply in that case because there was no use of force or show of force or criminal intim...
Birdhaj Roy Vs. the State
Court: Kolkata
Decided on: Dec-04-1952
Reported in: AIR1953Cal491,57CWN251
K.C. Das Gupta, J.1. The order against which this Rule is directed was passed by the Sub-Divisional Officer, Alipurduar and is in these words:'Accused Birdhaj Roy brought under arrest under Section 151, Cr. P. C. in a Madarihat P. S. case under Section 107, Cr. P. C. by Alipurduar Police. Prayer for taking action under Section 117(3), Cr. P. C. is also made. Bail petition moved. He is allowed bail for Rs. 2000/- with two sureties of like amount. He is to show cause why he should not sign a bond for Rs. 2000/- under Section 107, Cr. P. C. with two sureties for the maintenance of peace for a period of one year. A3 there is apprehension of breach of peace in the locality as it is apparent from the reports of the police and the tea-garden manager, I further direct the said accused under Section 117, (3), Cr. P. C. to sign a bond of Rs. 2000/- with two sureties for the maintenance of peace until the conclusion of the enquiry. For 29-6-52.'The question was have to consider is whether the lea...
Madan Mohan Lal Kapani Vs. Jhalman Singh and ors.
Court: Kolkata
Decided on: Dec-03-1952
Reported in: AIR1954Cal89,57CWN848
Guha, J.1. This is an application under Section 115, C. P. C. by the petitioner directed against an order passed by the Subordinate Judge, 1st Court, Alipore, on 31-5-52 rejecting the application filed by him to sue In forma pauperis. The learned Judge rejected the application holding that the petitioner had not succeeded in satisfying the Court that he was a pauper within the meaning of Order 33, C. P. C.2. The matter has been argued before us at some length both on the point whether the petitioner is a pauper as also on the point whether the application filed by him before the lower Court under Order 33, Rule 1, C. P. C. complied with the provisions of law. It appears that the petition with which the plaint was annexed was not signed and verified in the manner laid down by law as required, under Order 33, Rule 2, C. P. C. On this account a preliminary objection was raised in the lower Court, by the opposite party who contended that the application to sue in forma pauperis was not mai...
Ajit Kumar Addy and ors. Vs. S.M. Maitra, Collector, 24-parganas
Court: Kolkata
Decided on: Dec-03-1952
Reported in: AIR1953Cal653
Guha Ray, J. 1. The appellants are the joint receivers of the Auddy Estate, Chetla, who are the settlement holders from the Government in respect of certain Sundarban lands, known as Mouza Sridharnagore in P. S. Mathurapore in the district of 24-Parganas. One of the terms of the lease is that the lessees are responsible for the efficient maintenance of the existing embankments, sluice gates, etc. to the standard which is necessary for keeping the lot under cultivation and it was open to the Collector, in whose favour the lease was executed, to give notice to the lessees calling upon them to remedy the breach of any ' condition including the condition relating to the efficient maintenance of the embankment. 2. On 4-5-1950, on receipt of a telegram from a number of cultivating tenants of the said lot, the Collector called for a report from the Assistant Engineer and the report of the Assistant Engineer, printed at page 11 of the paper book, is to the effect that there were several breach...
P.K. Ghosh Vs. Mrs. K. Dutt
Court: Kolkata
Decided on: Dec-02-1952
Reported in: AIR1953Cal589
P.B. Mukharji, J. 1. This is an application for transfer under Clause 13 of the High Court Letters Patent, of Suit No. 1490 of 1952, now pending before the Chief Judge, Court of Small Causes, Calcutta. A copy of the plaint in that suit is annexed to the petition. In that suit, the respondent Mrs, K. Dutt as plaintiff claims a decree for eviction of the applicant as defendant in that suit. The pleading in that plaint is that the applicant was in occupation of the entire first floor flat of premises No. 4, Moira Street. Calcutta, as a monthly tenant under the respondent on an arrangement for payment of a monthly rent of Rs. 500/- payable on the expiry of each English calendar month. The suit in the Small Causes Court was instituted sometime in June, 1952.2. The grounds of merit on which such transfer is asked are set out in para. 16 of the petition. Briefly stated, these grounds are that in the suit in the Small Causes Court difficult questions of law and/or facts will have to be decided...
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