Kolkata Court August 1894 Judgments
Shamanand Das Vs. Baid Nath Das
Court: Kolkata
Decided on: Aug-31-1894
Reported in: (1895)ILR22Cal143
Ghose and Gordon, JJ.1. This was a suit to enforce a mortgage bond. The mortgage was executed in. favour of one Harihar Prasad. He died, leaving two sons, Jagadanand Das and Shamanand Das, both of them being minors at the time.2. The suit was instituted on the 28th March 1892 by Jagadanand Das against the mortgagor, Baid Nath Das, for recovery of the money covered by the mortgage bond, and ho asked that the sum due might be realized by safe of the mortgage property, and he further prayed that in the event of the mortgage property being found insufficient to liquidate the entire amount, the balance might be recovered from the defendant personally and from his other properties.3. We should here mention that Jagadanand Das, who was the elder of the two brothers, stated in his plaint that he was the sole heir of his father, and that he had taken out a certificate of heirship in order to enable him to collect the debts due to his father's estate.4. The defendant in his written statement ple...
Tag this Judgment!Gunga NaraIn Gope Vs. Kali Churn Goala and ors.
Court: Kolkata
Decided on: Aug-28-1894
Reported in: (1895)ILR22Cal179
Trevelyan, J.1. The question in this case depends upon the construction to be placed upon Section 54 of the Transfer of Property Act. On the findings of fact of the Court below, the property, which is an 8-anna share of a tank, was sold to the defendants for a sum less than Rs. 100 by an unregistered deed of sale; the defendants obtained possession under that purchase. They possessed the share after their purchase, to use the words of the Munsif, which, as appears later in his judgment, means from and after that purchase. Their vendors never had possession after the purchase. It is also found that the plaintiffs, who have obtained a registered conveyance from the same vendors, took with notice of the defendants' previous purchase and possession. Section 54 says this: 'Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.' I do not think it is necessary that there should be any formal making ov...
Tag this Judgment!Chandmull and ors. Vs. Ranee Soondery Dossee and ors.
Court: Kolkata
Decided on: Aug-28-1894
Reported in: (1895)ILR22Cal259
Sale, J.1. In this case the husband of the defendant was adjudicated an insolvent, and the usual order was made vesting the estate in the Official Assignee. Subsequently the insolvent died. No schedule of debts was filed previous to his death, nor has any been filed since. After the death of the insolvent a creditor brought a suit in the Calcutta Court of Small Causes against the defendant 'as his widow, heiress, and legal representative,' and obtained a decree 'to be levied out of the assets of the deceased in her hands.'2. An application to set aside this decree is now made on behalf of the defendant, under Section 622 of the Civil Procedure Code, on the following grounds as stated in the petition : (1) That there is no cause of action against the defendant, her husband's estate being vested in the Official Assignee; (2) that the Official Assignee, in whom the estate is vested, was a necessary party to the suit.3. The questions argued before me ware somewhat different in form. First,...
Tag this Judgment!Kanti Ram and ors. Vs. KutubuddIn Mahomed and ors.
Court: Kolkata
Decided on: Aug-20-1894
Reported in: (1895)ILR22Cal33
Ghose and Gordon, JJ.1. This was a suit to enforce a mortgage security. The mortgage in question was executed by one Chowdhri Mahomed Monim in favour of the plaintiffs on the 2nd October 1887, by which a 5 anna 4 pie share of mouza Sairchakla was hypothecated as collateral security for the money lent. The plaintiffs asked that the amount due to them might be realized by the sale of the mortgaged property.2. In this suit, not only the mortgagor, but several other parties were made defendants, some of them holding mortgages of the same property of dates antecedent to the date of the plaintiffs' mortgage, and others holding mortgages of subsequent dates. The plaintiffs, however, treated all of them as second mortgagees, and as such asked that the property mortgaged to them might be sold free from the lien of the mortgagees-defendants.3. The suit has been dismissed by both the Courts below upon the ground that the plaintiff is not entitled to bring to sale the mortgaged property without fi...
Tag this Judgment!Paryag Rai Vs. Arju Mian and ors.
Court: Kolkata
Decided on: Aug-18-1894
Reported in: (1895)ILR22Cal139
W. Comer Petheram, C.J. and Beverley, J.1. The accused in this case are found to have loosed the complainant's cattle at night and to have driven them to the pound with the object of sharing with the pound-keeper the fees to be paid for their release; and they have been ordered by the Joint Magistrate to pay compensation under Section 22 of Act I of 1871 (Cattle Trespass Act), and in default to suffer one month's rigorous imprisonment.2. The District Magistrate refers the case to us on the ground that the penalty inflicted is inadequate, and he asks us to quash the proceedings and direct that the accused be tried for theft.3. We are of opinion that the proceedings of the Joint Magistrate must be set aside, inasmuch as on the findings this was not a case of illegal seizure and detention of cattle under the Cattle Trespass Act, and therefore Section 22 of that Act is not applicable. We agree with Mr. Phillips that in this case all the elements of theft are present, as that offence is def...
Tag this Judgment!Shajani Kanta Chatterjee Vs. Narayan Coomari Debi
Court: Kolkata
Decided on: Aug-17-1894
Reported in: (1895)ILR22Cal14
Ghose and Gordon, JJ.1. The petitioner, who obtained this rule, is the Maharani of Burdwan, and the opposite party, Shajani Kanta Chatterjee, is a pleader practising in the District Court at that Station. The facts are shortly as follows: Lalla Bangsha Gopal Nanda, the Maharani's brother, died in Pous 1299, leaving a will in which he appointed as his executors his wife Kanchan Dai, Jugut Bandhu Mitter and Shajani Kanta Chatterjee. Shajani Kanta being unwilling to act as executor unless he received some remuneration for his services, Kanchan Dai offered him, and he accepted a sum of Rs. 125 a month as remuneration for undertaking the duties of executor. Before, however, any formal agreement could be entered into, the Maharani's dewan proposed to Shajani Kanta that he should accept a perwana for Rs. 125 a month from the lady instead of from Kanchan Dai. Shajani Kanta agreed to this, and accordingly on the 15th Magh 1299 (27th January 1893) he received a perwana from the Maharani, in whic...
Tag this Judgment!Chandi Pershad Vs. Evans
Court: Kolkata
Decided on: Aug-13-1894
Reported in: (1895)ILR22Cal123
W. Comer Petheram, Knight, C.J. and Beverley, J.1. On the 7th of April 1894, the Chairman of the Monghyr Municipality forwarded to the Magistrate of the District a report by Mr. Evans, a Municipal Commissioner, complaining of the conduct of Chandi Pershad, with a request that he might be prosecuted, if in the opinion of the Magistrate any criminal offence had been committed by him. On the 12th the Magistrate made this order: 'The applicability of Section 228, Penal Code, is doubtful. But an offence appears to have been committed under Section 448, Penal Code. I direct prosecution under that section. To the Joint-Magistrate.' The trial was commenced on the 28th, before Mr. Jarbo, a Deputy Magistrate. On that day Mr. Evans himself was examined as complainant, and as for the purpose of what we have to say we accept his statement as absolutely accurate, and as his case cannot, of course, be put higher than he puts it himself, we think it best that he should tell his own story, which is as ...
Tag this Judgment!Chandi Pershad Vs. Abdur Rahman
Court: Kolkata
Decided on: Aug-13-1894
Reported in: (1895)ILR22Cal131
W. Comer Petheram, C.J. and Beverley, J.1. This is a rule obtained on behalf of one Chandi Pershad to show cause why certain proceedings taken against him by the Deputy Magistrate of Monghyr should not be quashed, or why the case should not be transferred to some other district. The facts are these: On 5th May last Chandi Pershad applied to the Municipal Commissioners of Monghyr for a license for two carriages and six ponies, making the usual statement as required by Section 133 of the Bengal Municipal Act III of 1884 of the Bengal Legislative Council. A license for two carriages and six ponies was granted, but at the same time the statement was sent for verification to the overseer, who, on the 7th May, reported that Chandi Pershad had eight ponies and one horse. Thereupon the Chairman of the Municipal Commissioners on the 8th May made an order to 'prosecute Chandi Pershad for making false statement in the schedule regarding the number of animals'. On the following day Chandi Porshad ...
Tag this Judgment!Ramnandan Dobey and anr. Vs. Lalla Sheo Churn Lal and anr.
Court: Kolkata
Decided on: Aug-08-1894
Reported in: (1895)ILR22Cal8
Trevelyan and Ameer Ali, JJ.1. The facts necessary for the determination of this appeal are as follows:It has been found as a fact by the Lower Appellate Court that the plaintiffs have a good title to the land in question, and that they and their predecessors in title have been in possession thereof since 1872.2. In 1880 a suit was brought on behalf of the present plaintiffs, who were then minors, by their aunt who described herself as their mother and next friend, and who had obtained a certificate to represent their estate under Act XL of 1858. Thai suit was against the present defendants and sought for Confirmation of possession of one-anna out of the one-anna and four-pie share, which is in question in the present suit. On the 24th of November 1880, that suit was struck off by the Munsif for default of appearance, and on appeal the order of the Munsif was confirmed.3. The lower Court of appeal in this case has found as a fact that the suit of 1880 miscarried, owing to gross want of...
Tag this Judgment!Girish Chundra Basu Vs. Apurba Krishna Dass and anr.
Court: Kolkata
Decided on: Aug-08-1894
Reported in: (1894)ILR21Cal940
Ghose, J.1. The question raised in this rule is whether the provisions of Act V of 1894 are applicable to proceedings commenced before that Act came into operation. The decree in this case was pronounced on the 5th January 1894; the application for sale in execution thereof was made on the 30th January; the sale proclamation published in February 1894; and the sale was held on the 26th March 1894. In the meantime, i.e., on the 2nd March 1894, the Act in question was passed and came into operation. The judgment-debtor, relying upon the provisions of Section 310A, which by that Act was directed to be inserted in the Code of Civil Procedure, applied to the Court which had held the sale, to set it aside upon payment to the purchaser of a sum equal to five per centum of the purchase-money, and to the decree-holder the amount specified in the proclamation of sale; and the Munsif has under that section set aside the sale. If the provisions of Act V of 1894 were intended to have retrospective ...
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