Kolkata Court February 1898 Judgments
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Nabu Mondul Vs. Cholim Mullik and ors. and
Court: Kolkata
Decided on: Feb-03-1898
Reported in: (1898)ILR25Cal896
Maclean, C.J.1. A preliminary objection has been taken on behalf of the respondent in this case to the effect that a reference to a Full Bench cannot be made by a Judge of this Court sitting alone to hear cases in which the value of the subject-matter in dispute does not exceed Rs. 50. The point is one of considerable importance. Under Rule 1 of Chapter V of the Rules of the High Court, Appellate side, a reference to a Full Bench can only be made when one Division Court differs from another Division Court upon a point of law or usage having the force of law. The question, therefore, to my mind resolves itself into this, whether a Judge sitting alone, as was the case here, is a 'Division Court' within the meaning of the rule which I have just read. When we look at the rules carefully it will be found that in them distinctions are drawn between a Division Court and a Judge sitting alone. That is apparent from Rule 6, Chapter VI, in which, speaking of appeals under clause 15 of the Letter...
Chuni Lal Marwari Vs. Shama Charan Misser and ors.
Court: Kolkata
Decided on: Feb-02-1898
Reported in: (1899)ILR26Cal238
Ghose and Rampini, JJ.1. The suit out of which this appeal has arisen was based upon two bonds; but there is no question raised before us as regards the first of them. The learned Vakil for the appellant has confined his remarks to the second bond. It appears that this bond was for a certain sum of money, a part of which was interest upon the amount covered by the first bond, and it was agreed between the parties that the whole amount of the consideration as mentioned in the bond should bear interest, the result being that the obligor promised to pay interest upon the interest which was due upon the first bond. The Courts below have given a modified decree to the plaintiff.2. It has been contended on behalf of the defendant-appellant that, inasmuch as a part of the consideration for this bond was unlawful according to Section 23 of the Contract Act, the plaintiff obligee is not entitled to recover, having regard to the provisions of Section 24 of that Act, any portion of the money cove...
Upendra Lal Mukerjee and ors. Vs. Girindra Nath Mukerjee and
Court: Kolkata
Decided on: Feb-02-1898
Reported in: (1898)ILR25Cal565
Banerjee and Wilkins, JJ.1. This appeal arises out of a suit for contribution brought by the plaintiffs respondents, against certain persons described as principal defendants and certain other persons described as pro forma defendants, on the allegation that a four-annas share of a certain mehal bearing No.76 on the Collector's rent roll belonged to one Shayamamoyi Debia, the plaintiffs, and the pro forma defendants being co-sharers in that mehal; that defendants Nos. 1 to 8 were the heirs of Shayamamoyi; that the amount of Government revenue payable in respect of Shayamamoyi's share was Rs. 650 on account of the September instalment of 1891; that out of this the amount of Rs. 325 having remained unpaid, the said amount was paid by the plaintiffs to save the estate from sale; and that the plaintiffs are entitled to recover the said amount from the principal defendants. It was further stated in the plaint that the share of Shayamamoyi had been let out in ijara to Annada Prosad Mukerjee,...
DulhIn Golab Koer Vs. Balla Kurmi and ors.
Court: Kolkata
Decided on: Feb-02-1898
Reported in: (1898)ILR25Cal744
ORDER of reference to a Pull Bench:20. This case, in consequence of a difference of opinion on the part of the two learned Judges before whom it came in the first instance, has been referred to me, under Section 575 of the Code of Civil Procedure, in order that I may deliver my opinion thereon; and as the case has been argued fully and ably by the learned Vakils who appeared, and the view I hold will necessitate a reference to a Full Bench, no object will be attained by my reserving judgment or elaborating my reasons.21. The point for decision is, whether the Assistant Settlement Officer was right in recording the defendants as raiyats holding at fixed rates.22. The facts of the case are fully set forth in the judgments of Beverley and Ameer Ali, JJ., and it is not necessary that I should recapitulate them now, but I would state that on the part of the appellant it has been conceded before me that the facts proved do give rise to the presumption contained in the 2nd Sub-section of Sect...
Ganjessar Koer and anr. Vs. the Collector of Patna
Court: Kolkata
Decided on: Feb-02-1898
Reported in: (1898)ILR25Cal795
Trevelyan and Banerjee, JJ.1. These two appeals arise out of an order made by the learned District Judge of Patna.2. The facts, so far as they are material for the purpose of these cases, are very shortly these: A man named Mahadeo Pershad died in December 1894 leaving a will, probate of which was given to his widow, who died on the 29th August 1896. Mahadeo Pershad left a son who was then and is still a minor. The Court of Wards has obtained possession of the estate under the powers given to it by the Court of Wards' Act. At one time it seems that the Collector on behalf of the Court of Wards obtained an order appointing him Manager of the Estate under Act VIII of 1890. But under Section 42 of that Act he was subsequently discharged, so the matter is at present quite free from the effect of that order. The Collector has now applied to the Judge for letters of administration. An application has also been made by two ladies, Ganjessar Koer and Mohan Koer, who claim to be relations of th...
Madhu Sudan Bhuiya Vs. Preonath Shaha
Court: Kolkata
Decided on: Feb-01-1898
Reported in: (1898)ILR25Cal603
Maclean, C.J.1. In regard to the question of law, which was the main ground for this reference, namely, whether oral evidence as to the acts and conduct of the parties was admissible to prove that the deed in this case was intended to operate as a mortgage and not as an out-and-out sale, the learned Vakil who appeared for the appellant stated that, having regard to the authorities, he could not successfully contend that such evidence was not admissible. We think the authorities establish that in such a case, evidence directed to the acts and conduct of the parties would be admissible. Upon the main question submitted to us on this reference, the appellant consequently fails.2. Upon the other point, whether the case ought to go back to the Lower Appellate Court, upon the ground that the Subordinate Judge has not determined the question whether the mortgage has been extinguished or satisfied, we see no reason to differ from the conclusion of the two learned Judges who heard the case in t...
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