Kolkata Court February 1958 Judgments
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Sk. Noor Mohammad Vs. the State
Court: Kolkata
Decided on: Feb-03-1958
Reported in: AIR1959Cal276,1959CriLJ586,62CWN717
J.P. Mitter, J 1. This is a petition for revision of two orders made by a learned Magistrate, dated respectively October 31, 1956 and November 7, 1956, directing charges to be framed against the petitioner under Sections 304A and 337 of the Indian Penal Code. The prosecution concerned was the result of an explosion at a manufactory for making explosives. The petitioner wag the owner of the manufactory. 2. Mr. Ajit Kumar Dutt appearing on behalf of the petitioner has contended that in deciding to frame the charges the learned Magistrate went beyond the scope of Section 251-A of the Code of Criminal Procedure. It is said that the learned Magistrate had looked into the relative case diary in addition to the documents referred to in Section 173. Mr. J.M. Banerjee appearing on behalf of the State has contended that the Court was entitled under Section 172 of the Code to peruse the case diary and that its power to do so is not limited by Section 251-A. 3. Having examined the impugned orders,...
Dharanidhar Mandal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-03-1958
Reported in: AIR1958Cal287
ORDERSinha, J. 1. The facts in this case are shortly as follows : On or about the 25th February, 1935 the election in Wards Nos. I, II and III of Sree-bati Union Board wag held. On the 31st March 1955 the results were Published. There were objections to the election and on the 13th December, 1955 the election in Ward No in was set aside by the District Magistrate of Burdwan. On the Sth May 1956 the election in Ward No. I was likewise set aside by the Commissioner of Burdwan Division. It is unnecessary to give detailed particulars of what happened subsequently, but it is enough to state that on or about the 7th December, 1956 a bye-election in respect of Wards Nos. I and III was held and on the 14th February, 1957 the results were published. Thereafter notice was given by the Circle Officer fixing the election of the President on the 12th March, 1957. On the 11th March, 1957 the meeting was cancelled and another notice was given fixing the election for the 22nd March, 1957, On the 22nd ...
Earnest Bento Souza Vs. John Francis Souza and ors.
Court: Kolkata
Decided on: Feb-03-1958
Reported in: AIR1958Cal440
Renupada Mukherjee, J.1. The appellant of this appeal is the propounder of the last will and testament said to have been executed by a Goanese Indian Christian woman who instead of being described by her long name may simply, be described as Mrs. D'Souza. She was the widow of one Cactano Paul Souza and was domiciled at Asansol where she had been living since 1906 and where she died on the 2nd March, 1953. The will in question bears the date of 8th March, 1952, and it was registered at the subregistry office at Asansol on the llth December 1952. The testatrix left two sons, John Francies Souza and the propounder Earnest Bento Souza, and she also left two daughters, Mrs. Mary Angelica Goves and Mrs. Rosamunda D'Silva. The two daughters and the elder son John Francies Souza filed objections to the application for probate of the will, their contention being that the will was not genuine and it was not legally executed and attested and that the testatrix had no sound disposing mind at the d...
Sree Sree Iswar Sridhar Jew Vs. Jnanendra Nath Ghose and ors.
Court: Kolkata
Decided on: Feb-03-1958
Reported in: AIR1960Cal718
Chakravartti, C.J. 1. This is an appeal against an order of P. B. Mukharji, J. dated 22-2-1956, upholding with certain modifications an order made by the learned Master on the 19th of December, 1955, directing execution of what may be called a scheme decree. By the order of the learned Judge, respondent No. 1, Jnanendra Nath Ghose, was directed to be put into joint possession of certain rooms of premises No. 41A Grey Street and also to be put into joint possession of the rest of the premises occupied by tenants in such manner as such property admitted of. The appellant complains of that order, but in order to understand the nature of its many pointed Complaint, it is necessary to state briefly certain facts. 2. It appears that there was a debutter constituted of two houses, namely 41A Grey Street, Calcutta, and 40/2A Grey Street, dedicated to Sree Sree Iswar Sridhar Jew, the appellant before us. Sometime before 1948, the members of the settlor's family, or some of them, purported to re...
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