Kolkata Court November 1958 Judgments
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Purna Chandra Khandra and anr. Vs. the State
Court: Kolkata
Decided on: Nov-24-1958
Reported in: AIR1959Cal306,1959CriLJ584
N.K. Sen, J. 1. This Rule is against the order of conviction of the Sessions Judge of Midnapere dismissing the appeal preferred by the two petitioners but allowing a portion of it by setting aside the conviction of petitioner No. 1 Purna Chandra Khandra under one count of Section 323, I. P. C.2. The petitioners were tried by the Assistant Sessions Judge, Midnapore and a jury on charges under Sections 304 and 323 I. P. C. By a majority verdict the petitioners were found guilty. So far as the charge under Section 304 I. P. C. was concerned the jury found petitioner No. 1 guilty and on the other charge under Section 323 I. P. C., also he was found guilty. Petitioner No. 2 Harihar was on the charge under Section 304 I. P. C. found guilty of an offence under Section 325 I. P. C. and he was found guilty on the charge under Section 323 I. P. C. Petitioner No. 1 was sentenced to rigorous imprisonment for six months on each of the charges on which he was found guilty and the sentences were dire...
Union of India (Uoi) (as Representing the Eastern Railway Administrati ...
Court: Kolkata
Decided on: Nov-19-1958
Reported in: AIR1959Cal400
S.C. Lahari, J. 1. This appeal arises out of a suit for compensation for damage in respect of goods delivered to the East Indian Railway at Lalgola railway station for carriage to Cossipore Road station. The goods consisted of six consignments of jute comprising a large number of bales. The goods were made over to the railway on different dates between 3-6-1949 and 27-8-1949. When the goods arrived at the destination station, it was found that several bales of jute which formed part of the consignment were damaged by rain water. Short certificates were obtained by the consignee and after serving the usual notices under Section 77 of the Indian Railways Act and Section 80 of the Civil Procedure Code, the consignee brought the suit out of which this appeal arises for recovery of a sum of Rs. 3264-4-9 pies as compensation for the damage caused to the goods by the negligence of the Railway.2. The defence taken by the railway in its written statement was to the effect that the consignments ...
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