Court : Mumbai
Decided on : Mar-07-1924
Reported in : AIR1924Bom390; (1924)26BOMLR395
Marten, J.1. This is an appeal under Clause 15 of the Letters Patent from the decision of the Division Court on November 23, 1921, refusing to excuse the delay of the applicants in the presentation of their petition for a certificate of appeal to the Privy Council. The learned Judges who constituted the Court disagreed as to whether the delay should be excused. Accordingly under Clause 36 of the Letters Patent the opinion of the senior Judge prevailed, which was to the effect that the delay should not be excused. Consequently it became unnecessary to decide whether the certificate should be granted. I should state that one consolidated rule had been granted both in the above application to excuse delay and in the above petition for a certificate. They were respectively Civil Applications No. 615 of 1921 and No. 681 of of 1921, and both of them were before the Division Court Similarly the present appeal before us is headed in both the above applications, although that does not appear fr...
Tag this Judgment!Court : Kolkata
Decided on : May-28-1924
Reported in : 83Ind.Cas.273
N.R. Chatterjea, J.1. This is a case stated by the Commissioner of Income Tax, Bengal, under the provisions of Section 66 of Act XI of 1922 and Section 51 of Act VII of 1918.2. The Rogers Pratt Shellac Company is incorporated in the United States of America with its head quarters in the city of New York. The Company have a branch office in Calcutta to buy gum shellac and other Indian products, and a factory at Wyendhamgunj in the United Provinces. No sales are conducted in India by the Company: their transactions are limited to the purchase of shellac and other goods, some of which are purchased on account of a certain Gramophone Company which pay the Company a fixed percentage on the purchase: plus expense, while the balance is sold in the open market.3. Income tax was assessed for the year 1921-22 as also supertax, and the tax was paid under protest on the 6th May, 1922.4. They were similarly assessed for the year 1922-23, and the tax was paid on the 29th March 1923 with a notice tha...
Tag this Judgment!Court : Chennai
Decided on : Oct-16-1924
Reported in : (1925)48MLJ195
Wallace, J.1. The appellant has been convicted under Section 211 of the Indian Penal Code for bringing a false complaint against five persons that they committed dacoity. The case requires detailed scrutiny as the lower Court has in my opinion admitted much evidence which was not admissible in law.2. The dacoity was said to be at 3 A. M. on 1st June, 1923. Accused's complaint was that six persons waylaid him, his daughter and his son-in-law (P. W. 17), P. W. 16 being also along with them carrying a luggage bundle and that they threatened them with violence and carried off the bundle.3. Eighteen witnesses were examined for the prosecution to prove the falsity of this complaint. P. Ws. 1 and 18 are formal witnesses. P. W.s. 2 and 3 are investigating Police Officers. P. W. 4 is the Village Munsif to whom the accused gave his complaint (Ex. A). P. W. 5 is a Karnam. (I shall refer to these witnesses later). P. W. 6 is a general witness to prior enmity between the present accused and those w...
Tag this Judgment!Court : Mumbai
Decided on : Nov-24-1924
Reported in : (1925)27BOMLR113
Norman Macleod, Kt., C.J.1. The three accused were charged before the Acting Sessions Judge of Belgaum with having committed the murder of one Sakreva on the night of April 6, the third accused being charged in the alternative under Sections 502 and 109 of the Indian Penal Code with abetment of the murder. Accused Nos. 1 and 2 were found guilty under Section 302 and accused No. 3 was found guilty of abetment under as. 302 and 109 by the Sessions Judo-e disagreeing with the assessors. All were sentenced to transportation for life. The case for the prosecution was as follows. Sakreva was a Jogti woman living alone. Close by lived Motiappa a carpenter and his wife accused No. 3. Monappa became too intimate with Sakreva with the result that accused No. 3 finding her remonstrances of no avail instigated accused Nos. 1 and 2 to murder Sakreva.2. Sakreva was last seen alive on the evening of April 6. On the evening of the 8th her dead body was discovered in a tank a short distance away from h...
Tag this Judgment!Court : Mumbai
Decided on : Dec-19-1924
Reported in : (1926)28BOMLR243
Tarapoerwala, J.1. In this case the plaintiffs allege that for several years prior to 1914, they had manufactured and sold under the names of ' Sanatogen ' and ' Formamint ' certain chemical compounds for use in medicine and pharmacy, that within a short time the said compounds sold under the name of Sanatogen and Formamint acquired a very high reputation throughout India and the sales thereof were large and profitable and the names of Sanatogen and Formamint had come to mean chemical compounds of the plaintiffs' manufacture. They further allege that on the outbreak of the War the said compounds were imported into India by the plaintiffs' London firm until the property and assets of the plaintiffs' London firm were sold in June 1917 by the controller appointed under the Trading with the Enemy (Amendment) Act 1916 to Genatosan Limited, that from and after June 1917, the said Genatosan Limited imported the said compounds under the names of Sanatogen and Formamint, that on the termination...
Tag this Judgment!Court : Kolkata
Decided on : Dec-01-1924
Reported in : 85Ind.Cas.919
Mukerji, J.1. Alimaddin Naskar, Belat Ali Naskar, Amir Naskar, Boynuddi Naskar, Farazali Naskar, Golam alias Golap Naskar and Dudali Molla were tried by the Second Additional Sessions Judge of/24-Parganas with the aid of a Jury. All of them were tried on a charge under Sections 302/120B, Indian Penal Code, for having conspired to commit the offence of murder of. one Momrej Boddy and other members of his family, and Belatali Naskar was tried also on a charge under Section 302, Indian Penal of Code, for committing the offence of murder by causing the death of one Entaj, Boddy, a son of the said Momrej Boddy. The Jury brought in a unanimous verdict of guilty on both the charges; and the learned Judge, agreeing, with and accepting the verdict, convicted all the accused persons in accordance therewith and sentenced Alimaddin Naskar and Belatali Naskar to death, and the others to transportation for life. The cases of Alimaddin Naskar and Belatali. Naskar are before us on a Reference made by ...
Tag this Judgment!Court : Chennai
Decided on : Aug-26-1924
Reported in : AIR1925Mad385; (1925)48MLJ36
Charles Gordon Spencer, Officiating C.J.1. The question that comes up for our decision in appeal is whether Vakils have a right of audience in the Insolvency Court at the Presidency Town of Madras. We have heard full arguments from Mr. G. Krishnaswami Aiyar and Mr. A. Krishnaswami Aiyar on behalf of the Vakils and from Mr. Grant and Mr. Sidney Smith for the Advocates. The whole question has been dealt with in their arguments exhaustively and in every aspect.2. Vakils appear and plead on the Original Side of the High Court at Madras, notwithstanding that the Charter of 1800 authorized only three classes of practitioners, namely, (1) Bona fide practitioners of the law in the old Court of the Recorder, which was thereby abolished; (2) Barristers-at-Law in England or Ireland; and (3) Attorneys or Solicitors admitted in one of the Courts at Westminster or otherwise capable of acting as well in the character of Advocates as of Attorneys, and that the Charter went on to 'declare that no other...
Tag this Judgment!Court : Chennai
Decided on : Aug-26-1924
Reported in : 85Ind.Cas.1025
Charles Gorden Spencer, Officiating C.J.1. The question that comes up for our decision in appeal is whether Vakils have aright of audience in the Insolvency Court at the Presidency Town of Madras. We have heard full arguments from Mr. G. Krishnaswami Ayyar, and Mr. A. Krishnaswami Ayyar, on behalf of the Vakils and from Mr. Grant and Mr. Sidney Smith, for the Advocates. The whole question has been dealt with in their arguments exhaustively and in every aspect.2. Vakils appear and plead on the Original Side of the High Court at Madras, notwithstanding that the Charter of 1800 authorized only three classes of practitioners, namely, (1) bona fide practitioners of the law in the old Court of the Recorder, which was thereby abolished; (2) Barristers-at-Law in England or Ireland; and (3) Attorneys or Solicitors admitted in one of the Courts at Westminster or otherwise capable of acting as well in the character of Advocates as of Attorneys, and the Charter went on to 'declare that no other, p...
Tag this Judgment!Court : Kolkata
Decided on : Aug-06-1924
Reported in : (1925)ILR52Cal347
Walmsley, J.1. The appellant, T. C. S. Martindale, was committed for trial by a Presidency Magistrate and tried at the High Court Sessions before Mr. Justice Pearson, on three charges relating to forgery, and one charge of cheating. We are told that the majority of the jurors consisted of Europeans, but that result was achieved by process of challenging, and not as a consequence of the provisions contained in Section 275 of the Criminal Procedure Code. He was found guilty on all the charges; by a verdict of seven to two on the forgery charges, and unanimously on the charge of cheating. He was sentenced to four years rigorous imprisonment on each charge; the sentences to ran concurrently.2. Some time later, the Chief Justice was moved to appoint a Bench to hear his application for leave to appeal. The matter was referred to the Criminal Bench (then consisting of Newbould and B. B. Ghose JJ.) and leave was granted, under Section 449 (1) (c), one of the new clauses added by last year's Am...
Tag this Judgment!Court : Kolkata
Decided on : May-12-1924
Reported in : (1924)ILR51Cal980
Mukerji, J.1. In the present trial, before the first juror was called, Mr. H.M. Bose, appearing on behalf of the prisoner, claimed that a majority of the jury should be Indians on the ground that the prisoner is an Indian British subject, and based his claim upon the mandatory provisions of Section 275 of the Code of Criminal Procedure. Mr. A.K. Basu, appearing on behalf of the Crown, opposed the application on the ground that the claim was not entertainable in view of the fact that it was not put forward before the committing Magistrate. A similar application made on behalf of the prisoner, at the commencement of the trial which has just now proved abortive, was refused by me; but, as on that occasion I did not give my reasons for the order that I then passed, I have allowed the prisoner to raise the point again, and have considered the matter further; but I do not find any reason to alter the opinion which I then formed.2. At the outset I may say at once that I quite agree with the c...
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