Court : Kolkata
Reported in : AIR1926Cal155
..... to this conclusion upon the evidence of the civil surgeon of khulna which was to the effect that the appellant was not in a sound condition and that he was suffering from a great deficiency of memory and from general weakening of mental faculties and this witness further states that he put many questions to the appellant and he could not in all cases give rational answers; and he further states that he ..... gave proper replies to the questions that he put to him and that the appellant also put intelligent questions to him, he further states that he noticed besides physical defect partial loss of memory probably due to paralysis combined with the old age of the appellant. ..... dutta in his evidence stated that the mental condition of the appellant was not good and that he could not recognize known men and that he had lost his memory, and he speaks of seeing the appellant in a rude condition. ..... we think, that the mental condition of the appellant has been affected by the stroke of paralysis from which he suffered and both owing to to this and owing to his age his memory has, no doubt, been seriously affected and as has been pointed out to us he was unable to recognize either here or in the other court his son-in-law and other relatives and apparently, the names of some of his daughters escaped his memory. ..... to the questions that he put to the appellant were sound and ho says that he did not find any defect and that the appellant had a power to exercise judgment although his memory was impaired. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal889
..... the evidence on which the learned advocate for the respondents mainly relies is as to the mental condition of kali narain at the end of november 1919, and as to his mental condition at the end of january 1921 and afterwards, from which he asks us to infer that the defendant was not competent to ..... senile dementia had also set in with consequent loss of memory. ..... the main argument of mr. ..... their main plea was that kali narain was not of sound mind and certain other questions, were also raised. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal97,121Ind.Cas.312
..... to uphold his theory of the cause of the accident in every detail even on points where it was apparent that it could not be accepted, and in giving his evidence at times he seemed to me to be following his bias rather than his memory. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal363
..... the occasion was a gathering in memory of the late mr. c.r. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1931Cal618
..... she has made various misstatements all of which cannot be due to lapses of memory. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal738,140Ind.Cas.304
..... the totality of the words used in the article, i repeat, must be taken into consideration and the main question is whether, taking all the expressions together as used in the said article the writer has brought into hatred or contempt the government established by law in british india or has excited disaffection towards it. ..... times, to know the day of our visitation for it has been the lot of most of those prophets to be despised and rejected in their own generation, though later ages have built their tombs and enshrined their memory. ..... if the author's main purpose is not to excite hatred or contempt or disaffection (the supposition is a little difficult), then in aid of some other purpose he has put together a collection of epithets which are highly abusive and upon the question whether the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal288,150Ind.Cas.238
..... the learned ju3ge in the court below has held that, the rent payable in respect of the tenancy has remained unchanged all along since its creation, beyond the memory of living man, although the value of the lands appertaining to the tenancy has increased abnormally; that excavations have been made in the lands before by tenants and sub-tenants without the permission of the landlord; .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal793,166Ind.Cas.625
..... again if certain statements are untrue owing to failure of memory or lack of powers of observation and so on, it would be ridiculous to say that because a man made a mistake with regard to one statement of fact the jury was debarred from accepting the rest. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal67
..... maliks; that on the death of baba lokenath who as a holy saint had been allowed to remain at the place and live in huts built for him by the said maliks, the said maliks in order to perpetuate his memory introduced the worship of his asan and his sandals and also inaugurated an annual utsab; and that although the public were allowed to make offerings and participate in the worship and although they contributed ..... nag babus ordered janoki to carry on the worship or janoki consented to do so of his own accord, to our mind, makes no difference; and in all likelihood there was no order at all, but only a request which janoki, in deference to the memory and wishes of the baba, gladly complied with. ..... his main arguments however showed an endeavour to establish not that his clients or the panch hisya nags have any rights of ownership therein but that the institution is in the nature of a private endowment. ..... shows that the baba was raised to the godhead after his demise and that the asram thenceforth became to all intents and purposes a temple for his worship and a place of pilgrimage sacred to his memory.7. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal245
..... the lapse of time gradually effaces records of past transactions and it would be intolerable if any body of men should be dispossessed of property which they and their predecessors have enjoyed during all human memory, merely upon the ground that they cannot show how it was originally acquired. .....
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