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Naresh Chandra Bose Vs. Sachindra Nath Deb and ors.
Court : Kolkata
Reported in : AIR1950Cal8
R.P. Mookerjee, J.1. This is an appeal on behalf of the judgment-debtor against a decision by the Subordinate Judge, First Court, Alipore disallowing certain objections raised under Section 47, Civil P. C., read with Section 168A, Bengal Tenancy Act.2. The judgment-debtor, Nareah Chandra Bose, held a patni under the predecessor-in- interest of the decree-holders opposite parties. For the realisation of arrear patni rent, the landlords obtained three decrees in succession in rent suit No. 2 of 1936 on 2lst December 1936, rent suit No. 12 of 1937 on 9th April 1938 and rent suit No. 16 of 1939 on 17th February 1940. In execution of the last of the three decrees, the defaulting patni was sold on 15th January 1942 and purchased by two of the three decree-holders. The decree-holders auction purchasers sold the patni on 4th April 1944 to one Provash Mallik, All the rent suits bad been brought in the Court of Subordinate Judge, Jessore and the decree-holders applied for the transfer of the dec...
Tag this Judgment!Bechu Vs. the King
Court : Kolkata
Reported in : 1950CriLJ153
Das Gupta, J.1. This appeal is against conviction by the Sessions Judge of Midnapora Under Section 376, Penal Code in accordance with the unanimous verdict of the jury and a semiotic of rigorous imprisonment for five years,2. The prosecution case was that on 18th January 1948 when Saraswati, the daughter of Anil Chandra Guinn, a tea-shop keeper, had gone out of her house to answer a call of nature and was sitting near a bamboo clump, this accused caught hold of her and taking her up in his arms carried her to a tamarind tree not far off and, after threatening her to keep quiet laid her down and had forcible sexual intercourse with her. Ii is said that thereafter the accused brought her back near her house and left her there, after which bob entered her house and on being asked by her mother where she bad been she told her everything. Shortly after that she was taken to the hospital where she was examined by two doctors. Late in the same night she along with her parents went to the than...
Tag this Judgment!N.S. Venkatagiri Ayyangar and Another Vs. the Hindu Religious Endowmen ...
Court : Privy Council
Reported in : AIR1949PC156
Sir John Beaumont:: This is an appeal by special leave from a judgment and order of the High Court of Judicature at Madras dated 6th November 1944 which revised a judgment and decree of the Court of the District Judge of Ramnad at Madras dated 7th August 1943. [2] The only matter which arises for determination in this appeal, and upon which special leave to appeal was granted, is whether the learned Judges of the High Court had any power to interfere in revision with the said order of the District Judge. [3] On 1st July 1907, one Narayana, the grand, father of the appellants, made a will by which he founded a temple and directed his male heirs to act as trustees of the temple. Narayana died in 1910, and in 1915 the family became divided. Thereafter each branch of the family managed the temple for one year in rotation. [4] In 1927, the Madras Hindu Endowments Act, 1926 (Act 3 of 1927) (hereinafter with its amendments referred to as the "Act") was passed. The Act authorised the creation...
Tag this Judgment!Emperor Vs. Abdul Majid Abdul Aziz
Court : Mumbai
Reported in : AIR1949Bom387; (1949)51BOMLR568
M.C. Chagla, C.J.1. This is an appeal against an order of the Presidency Magistrate, 20th Court, acquitting the accused who was charged under Section 2(6) of the Bombay Public Security Measures Act (Bom. VI of 1947).2. This appeal raises rather an important question of principle. An order was made against the accused on June 24, 1947, by the Commissioner of Police under Section 2(1)(b) of Bombay Act VI of 1947. The accused complied with the order and left the jurisdiction of the City of Bombay. But. he came back to Bombay in November and thereby contravened the order. He was arrested on November 22, 1947, and he was prosecuted under Sub-section (6) of Section 2 for contravening the order made by the Commissioner of Police. The learned Magistrate took the view that the prosecution had failed to establish the conditions laid down, by the Legislature for the making of a valid order under Section 2(1)(b), and, therefore, the accused was entitled to an acquittal. The Advocate General has co...
Tag this Judgment!Banchhanidhi Samantrai Vs. LachminaraIn Agarwala
Court : Orissa
Reported in : AIR1950Ori250
Panigrahi, J.1. This is a second appeal by the tenant against whom a decree for ejectment has been passed in a suit by the respondent-plaintiff. The plaintiff's case was that the defendant was let into his house as a monthly tenant on a monthly rent of Rs. 14, bat that the defendant was highly irregular in the payment of rent necessitating the filing of two suits by the plaintiff, to recover arrears of rent. The defendant again fell into arrears and the plaintiff was, therefore, obliged to terminate the tenancyby the service of a notice to quit on the defendant. The defendant refused to accept the noticeand hence the, suit. The defendant's plea wasthat he is protected against eviction by theprovisions of the House Rent Control Order andthat he was willing to pay up all the arrears ofrent. He also questioned the validity of thenotice to quit and denied his liability to paydamages. 2. The Corts below have concurrently found that the notice served on the defendant to quit, terminating the...
Tag this Judgment!Rabindra Nath Deb Vs. Sushil Chandra Deb
Court : Kolkata
Reported in : AIR1952Cal427
Das Gupta, J.1. In this suit the plaintiff claims a declaration that he is solely entitled to the premises No. 8/2, Kartick Bose Lane and the outer portion of the premises No. 9 Kartick Bose Lane now known as 9/A and 9/B Kartick Bose Lane, Calcutta for possession and for other reliefs. The facts of the case which are not disputed are as follows.2. One Sm. Kamalmohi Dassi died on 4-6-1908. She was the owner amongst others of the premises in suit. Before her death she left a will probate of which was duly obtained from this Hon'ble Court. Sm. Kamalmoni Dassi left her surviving her husband's brother one Woomesh Chandra Deb and his wife Sm. Kumodini Dassi and their son Sarat Chandra Deb. Sarat Chandra Deb's first wife had died and thereafter he married again. By his first wife Sarat Chandra Deb had a son named Rabindra Nath Deb who is the plaintiff in this suit. The plaintiff was born on 19-10-1906 I e. during the life time of the said Sm. Kamalmoni Dassi. Sarat Chandra Deb had another son...
Tag this Judgment!Provash Kumar Bose and anr. Vs. the King
Court : Kolkata
Reported in : AIR1951Cal475
Das Gupta, J.1. These two appeals are by two persons, Provash Kumar Bose & Azizur Rahman who were tried together by a Presidency Mag. of Calcutta. Provash Kumar Bose was convicted under Section 384, I. P. Code & Azizur Rahman under Sections 384 -199, I. P. C. Both were sentenced to undergo rigorous imprisonment for six months & to pay a fine of Rs. 201 in default to undergo rigorous imprisonment for another three months.2. The prosecution case was that in the early hours of the morning of 21-12-1947 these two accused came to the bakery belonging to Daud Rahman at No. 9, Nawab Abdul Latif Street & when the door was opened, entered the bakery saying that they were men from the Civil Supplies Dept. Azizur Rahman, it is said, weighed one loaf of bread & said that it was under-weight & when, on his demand, Daud Rahman was called, the applt. Azizur Rahman told Daud Rahman that he would have to go to the thana as the loaves of bread in his bakery were under-weight & it is said that the applt....
Tag this Judgment!A. Rangaswamy Iyer Vs. Thd Madura Urban Co-operative Bank Ltd.
Court : Chennai
Reported in : (1949)1MLJ384
Mack, J.1. The petitioner is Sri A. Rangaswami Iyer, said to be a leading pleader of the Madura Bar. He finds himself in the strange position of being a judgment-debtor in execution proceedings for the attachment of his law books and moveables on two decrees passed against him for costs in two unsuccessful suits he filed as trustee of two funds. The learned Subordinate Judge found that he was personally liable on these decrees and directed execution to proceed.2. The short facts as admitted before me are these: The petitioner got himself appointed as trustee by Court in O.P. No. 57 of 1936 of two old funds, one the Madura Provincial Conference Fund and the other the Governor's Reception Committee Fund, which had deposited their moneys in the Madura Urban Co-operative Bank, Ltd. Some years after his appointment he sued for recovery of the deposits of these two funds in O.S. No. 27 of 1941 for about Rs. 3,000 and in S.G. No. 41 of 1942, both on the file of the Subordinate Judge, Madura, ...
Tag this Judgment!Alluru Bapanayya Vs. Chintalapati Bangarraju
Court : Chennai
Reported in : (1949)1MLJ479
Viswanatha Sastri, J.1. This is an appeal by the plaintiff against the decree of the learned Subordinate Judge of Amalapuram in A.S. No. 81 of 1945, dismissing her suit: filed under Section 77 of the Registration Act for directing the sale deed, Ex. P-1, dated 5th November, 1943, executed by the defendant, to be registered by the-Sub-Registrar of Razole. The suit has been dismissed by the lower appellate Court on the ground:that the defendant did not execute the deed understanding it to be a sale deed and that his finger impression was taken by representing that he has to attest a document, i.e., sale deed executed by his brother in favour of plaintiff. The defendant, who is an illiterate person unable to sign his name, did not, in his-written statement, dispute the fact that the thumb impression appearing on the two pages of the sale deed, Ex. P-1, was this thumb impression. He stated, however, that his brother obtained his thumb impression on Ex. P-1 on a fraudulent misrepresentation...
Tag this Judgment!Biswanath Bubna and anr. Vs. the King
Court : Kolkata
Reported in : 1949CriLJ972
Sen, J.1. This appeal is by two persons Biswanath Bubna and Eanadhir Sahitya Lankar. I shall refer to them hereafter as Bubna and Lankar respectively. They were tried together by Sri N. Ehastgir, Additional Presidency Magistrate. Bubna was charged with having committed an offence punishable under Section 600, Penal Code, that is to say, with the offence of defamation. He has also been charged with having committed an offence punishable under 9. 601, Penal Code, that is to say, the offence of printing a defamatory matter. Lankar has been charged with defamation only. be to the appellants have been convicted of the charges framed against them. Bubna has been sentenced to pay a fine of as. 400, in default to suffer simple imprisonment for four months with reference to the charge under 8. 500, Penal Code. No separate sentence was passed against him with respect to the offence punishable under Section 501, Penal Code. Lankar has been sentenced to pay a fine of Us. 100, in default to suffer ...
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