Kolkata Court July 1893 Judgments
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In Re: Bolye Chund Dutt
Court: Kolkata
Decided on: Jul-26-1893
Reported in: (1893)ILR20Cal874
Sale, J.1. This is an application which is made to commit a judgment-debtor to prison under an order of attachment made by this Court on the 25th of April 1893. The circumstances, as appears from the tabular statement under which that order of attachment was made, areas follow: Plaintiff was arrested under an order dated 19th December 1892, after notice to him, and on the 10th of January 1893 he was committed to prison. Subsequently he applied for the benefit of the Insolvent Act, and on the 24th January he was released from custody and obtained an ad interim protection order. On the 8th April 1893 the hearing in the insolvency came on, and the discharge of the plaintiff was adjourned for twelve months without protection. The defendant has incurred costs of execution, a sum of Rs. 48 besides the costs of the commitment, and the Sheriff's fees. The attachment of this debtor under this order is now brought before me on the application of the judgment-creditor to re-commit him to prison u...
Ko Shway Aung and ors. Vs. Strang Steel and Co.
Court: Kolkata
Decided on: Jul-20-1893
Reported in: (1894)ILR21Cal241
W. Comer Petheram, C.J., Norris and Pigot, JJ.1. This reference has been already twice before the Court, but could not be disposed of, as on neither occasion was the document in respect of which it is made or a copy of it produced. This has now been done. We think the instrument is a mortgage. The interest in the subject matter of it, the boats, etc., is by the terms of the instrument assigned to the mortgagees with a provision allowing the mortgagors to remain in possession on certain conditions: and the mortgagees are given a power of sale. No doubt a special agreement giving a power of sale does not necessarily operate so as to show that the transaction is not a pledge, but must be construed to be a mortgage : (Fisher on Mortgage, Article 22). But here we think the whole character of the instrument points one way, and that it is a mortgage'; there is no provision for anything in the nature of a delivery actual or constructive; there is no pledge.2. That being so, Article 44 applies....
Kassy Nath Sett Vs. Khetter Mohun Sing
Court: Kolkata
Decided on: Jul-19-1893
Reported in: (1894)ILR20Cal899
W. Comer Petheram, C.J.1. This is an appeal from an order of Mr. Justice HILL rejecting an application by the appellant, the defendant in the original suit, for the refund of the amount of the costs paid to the Sheriff of Calcutta, or that the plaintiff's costs in the suit in which the execution took place should be taxed. The learned Judge rejected the application on the ground that it was made more than three years from the time when the right to make it accrued, and that it was within the provisions of the Indian Limitation Act, Section 4, and Clause 178 of the second schedule. It is not disputed that the application is within these provisions, and the only question is whether it was made more than three years from the time when the right to make it accrued.2. The money in question was paid or deposited with the Sheriff on the 27th of November 1889, and if the 27th, the day on which the payment was made, is excluded under Section 12 of the Act, and the 27th of November 1892 under Se...
AzimuddIn Patwari Vs. the Secretary of State for India in Council and ...
Court: Kolkata
Decided on: Jul-13-1893
Reported in: (1894)ILR21Cal360
Macpherson and Banerjee, JJ.1. The plaintiff, who is the appellant in this Court, was part owner of a tenure appertaining to a Government khas mehal. The tenure was sold by the Collector for arrears of revenue, and was purchased by the second and third defendants in this suit, who subsequently disposed of a portion of their interest to the other defendants. The object of this suit is to set aside the sale and to recover possession of the property sold, on the ground that the sale was illegal and that it was also irregular, and that in consequence of the irregularities it had been sold for a great deal less than its real value. The lower Court dismissed the suit, holding that the alleged irregularities were not proved and that the sale was not illegal.2. It appears that before the sale the plaintiff offered to deposit the amount of the revenue or rent in arrears, but that the Collector refused to take it. It is argued that the sale was illegal because the Collector had no authority to r...
Udai Chunder Chuckerbutty and anr. Vs. Ashutosh Das Mozumdar
Court: Kolkata
Decided on: Jul-10-1893
Reported in: (1894)ILR21Cal190
Macpherson and Banerjee, JJ.1. The plaintiffs as purchasers of a rent-free tenure from one Umatara, the widow of Bholanath Chuckerbutty, to whom the tenure originally belonged, brought this suit for arrears of rent due in respect of a jote situated within the rent-free tenure. The defendant, who had purchased the jote in execution of a decree for arrears of rent against the former jotedar, and who had subsequently purchased the rent-free holding from the reversionary heirs of Umatara after her death, resisted the plaintiffs' claim, on this ground, amongst others, that the plaintiffs did not acquire any title by their purchase from Umatara which could be binding against the reversioners, and that, upon Umatara's death, they had ceased to have any interest in the rent-free holding.2. The First Court decided the question thus raised and the other questions arising in the case, in favour of the plaintiffs and gave them a decree.3. On appeal, the Lower Appellate Court has held that the plai...
Chukkun Lal Roy and anr. Vs. Lolit Mohan Roy and ors.
Court: Kolkata
Decided on: Jul-07-1893
Reported in: (1893)ILR20Cal906
Ghose, J.1. This appeal arises out of a suit for the construction of the will and codicil of the late Saroda Persad Roy of Chuckdighi in the district of Burdwan.2. The plaintiffs, Chukkun Lal Roy and Shoshi Bhusan Roy, are the nearest sapinda agnates of the deceased, and as such are his legal heirs.3. The will bears date the 2nd Assin 1272 (1865) and the codicil the 6th Cheyt 1274 (1868). At the date of the will the testator had a wife, Rajeshury Debia, four sisters, Sukhoda, Biroda, Khiroda, and Kuloda, and three nephews, Lolit Mohan, defendant No. 1, Bepin Mohan, defendant No. 2 (sons of Khiroda), and Priambada, defendant No. 3 (son of Biroda), as also an aunt, Kadambini, all of whom were living with him as members of his family. He had had no son or daughter born to him, and though he was then only 33 years old, he thought it wise to execute the will in question. About two years afterwards, he executed the codicil and died on the day on which it was executed.4. Under the will, the d...
Mohun Pershad NaraIn Singh and anr. Through His Father and Guardian, L ...
Court: Kolkata
Decided on: Jul-05-1893
Reported in: (1894)ILR21Cal344
O'Kinealy and Ameer Ali, JJ.1. This is an appeal from the decision of the District Judge of Tirhut, refusing to grant letters of administration to the appellants.2. The appellants state that Punit Koer, who died on the 3rd of December 1890, at Mozufferpore, had left moveable and immoveable property in the nature of stridhan, and applied to be allowed to administer the estate.3. In answer, it was stated that the lady left no property as stridhan, that the property was really her husband's, who was the last full owner; and even if she had any property, still the applicants, not being the next heirs, ought not to get administration.4. On the case coming on before the Judge in the Court below, two points of the nature already stated were raised for decision--(1) Was the property stridhan? (2) If so, who are the heirs5. The Judge came to the conclusion that the lady had no stridhan, and as she had no estate, no administration could be given. He did not decide the second point. The facts of ...
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