Kolkata Court January 1900 Judgments
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Shyama Charan Mitter Vs. Debendra Nath Mukerjee
Court: Kolkata
Decided on: Jan-15-1900
Reported in: (1900)ILR27Cal484
Banerjee and Stevens, JJ.1. This appeal arises out of an application for the execution of a decree for arrears of rent passed in a suit for recovery of rent, the amount claimed in the suit being less than Rs. 100.2. The judgment-debtor objected to the execution proceeding. His objection was over-ruled by the Munsif, who heard the case in the first instance. There was an appeal preferred against the Munsif's decision by the judgment-debtor and that appeal has been dismissed by the District Judge. And against the order of the District Judge the present appeal has been preferred by the judgment-debtor.3. At the hearing of the appeal a preliminary objection is taken by the learned Vakil for the decree-holder respondent, that this appeal is barred by Section 153: of the Bengal Tenancy Act. That section enacts that 'an appeal shall not lie from any decree or order passed, whether in the first instance or on appeal in any suit instituted by a landlord for the recovery of rent where '(we refer...
Pandita Alias Rahmatulla Pramanik Vs. Rahimulla Akundo
Court: Kolkata
Decided on: Jan-15-1900
Reported in: (1900)ILR27Cal501
Prinsep, JJ.1. A rule has been granted to consider whether the conviction and sentence passed on the petitioner in a summary trial for theft should not be set aside. The sole question for consideration is whether the Magistrate has found facts constituting theft, or whether the petitioner is not guilty of that offence because he cut and carried off the crop, under a bond fide belief that he was entitled to it, that is to say, whether he acted dishonestly within the terms of Section 24 of the Penal Code.2. The Magistrate has found that the complainant was in actual possession of the disputed land, and that the crops which stood on the same were grown by the bargadars.' He adds: And the accused was by no means justified in cutting them away. The mere setting up of a claim to the land which has not been clearly proved by reliable evidence is not sufficient to exonerate him from the liability of theft.' I understand from this that the Magistrate has found that the claim is not bona fide be...
Benode Lall Roy and ors. Vs. Bussunto Kumari Debi
Court: Kolkata
Decided on: Jan-11-1900
Reported in: (1900)ILR27Cal355
Sale, J.1. The question whether this suit is rightly on the list of suits for liquidated claims depends upon whether it is an ordinary mortgage suit. It is contended that it does not come within the terms of Rule 281, inasmuch as it is not a suit in which the claim is only for a liquidated demand in money. It has been the practice for many years to place ordinary mortgage suits on the list of suits for liquidated claims, in order that they may be expeditiously disposed of, and the view held has been that the incidental relief sought in such suits did not prevent them from being regarded as suits in which the claim was in substance a claim only for a liquidated demand in money. This is what I have said on previous occasions when the same question has been raised, and other Judges have said the same thing. This practice should I think be adhered to. The question then is, is this an ordinary mortgage suit? To answer this question it is necessary to look at the plaint and the relief sought...
Kalai and ors. Vs. Kalu Chowkidar
Court: Kolkata
Decided on: Jan-11-1900
Reported in: (1900)ILR27Cal366
Prinsep and Stanley, JJ.1. The question raised in this case is whether the person, who is said to have been rescued by the petitioners, was, at the time of such rescue, lawfully detained within the terms of Section 225 of the Penal Code, so as to make such act by the petitioners punishable. It appears that he was arrested by a private person within the terms of Section 59 of the Code of Criminal Procedure, and that he was not lawfully arrested because the alleged offence--theft--was not committed in the view of such person. He was then made over for custody to the village-chaukidar. The question then arises whether, on the delivery of such person to the custody of the village-chaukidar, he can from that time be considered to be in lawful detention, so far as the village-chaukidar is concerned, so as to bring him within the terms of Section 225 of the Penal Code. The decision on this point depends upon the interpretation to be put upon the term Police officer in Section 59 of the Code o...
Hari Charan Singh Vs. Queen-empress
Court: Kolkata
Decided on: Jan-11-1900
Reported in: (1900)ILR27Cal455
Prinsep and Stanley, JJ.1. The petitioner before us was charged with a breach of the Coolie Emigration Act, and was acquitted on the ground that he was not responsible, being a servant of some one who might have transgressed the law. The Magistrate, in passing this order, was inclined to proceed against the master, but, before so doing, he wished to ascertain clearly whether there were sufficient grounds for his taking action, that is to say, for his proceeding under Section 190(c) of the Code of Criminal Procedure to take cognizance of the offence. He accordingly examined the petitioner on oath, and he thereupon summoned the master to appear before him and answer a charge under the Coolie Emigration Act. At the trial, the petitioner was examined as a witness, and he then gave evidence contradicting the former statement that he had made to the Magistrate. He has accordingly been prosecuted and convicted by the Magistrate for having intentionally given false evidence by reason of such c...
Nundo Lal Bose Vs. Nistarini Dassi
Court: Kolkata
Decided on: Jan-10-1900
Reported in: (1900)ILR27Cal428
Francis W. Maclean, K.C.I.E., C.J.1. This is a suit instituted by one Srimati Nistarini Dassi as the widow and heiress of one Rai Mohendra Nath Bose against Rai Nunda Lal Bose, Rai Pasupati Nath Bose his brothers, in their personal character, and also as executors of the last Will and Testament of her husband, the said late Rai Mohendra Nath Bose, and against one Srimati Kadumbini Dassi, a Hindu widow; and the object of the suit is to have a certain Trust Deed, of which the said Kadumbini Dassi was the surviving trustee, and dated the 24th of May 1877, an award dated the 16th of July 1889, and a certain decree, dated the 29th of August 1889, declared fraudulent and void as against her and in no way binding upon the plaintiff, and to have the Will of the said Rai Mohendra Nath Bose construed and the rights of all parties thereunder ascertained and declared, for the administration of his estate, and for certain consequential relief.2. The defendant Kadumbini Dassi did not appear in this ...
New York Life Insurance Company Vs. Phoebe Stella Gamble
Court: Kolkata
Decided on: Jan-10-1900
Reported in: (1900)ILR27Cal593
Maclean, C.J.1. This is a suit to recover from the defendant-company a sum of Rs. 10,500, the amount assured on five policies on the life of the plaintiff's late husband, one John Frederick Gamble, a master mariner, which policies were effected with the defendant-compile in the month of October 1893. John Frederick Gamble who, for several years, had been resident in Calcutta, died in England in the month of April 1894 of disease of the kidneys. The policies are granted by the company 'in consideration of the agreements, statements, representations, and warranties submitted to its officers at the Home Office in the City of New York in the written applications for the policies, which are hereby referred to and made part of this contract. '2. For these policies John Frederick Gamble made application to the company on the 16th and 18th of September 1893. On the 19th September he set sail for England. The applications were in writing in the form usually adopted by the company and were signe...
HosaIn Ali Khan Vs. Hati Charan Shaw
Court: Kolkata
Decided on: Jan-09-1900
Reported in: (1900)ILR27Cal476
Rampini and Wilkins, JJ.1. This is a suit brought under the provisions of Chapter VI of the Bengal Tenancy Act. The plaintiff's claim is a three-fold one. First, he seeks to enhance the rent of the defendant, who is a non-occupancy raiyat; secondly, he claims arrears of rent at the old rate; and, thirdly, he asks for ejectment of the defendant, if the defendant refuses to pay enhanced rent, or if he fails to pay the arrears of rent within the period that may be fixed by the Court for him to pay them.2. The Subordinate Judge has given the plaintiff a decree for arrears of rent at the old rate for the year 1302, and has ordered the defendant to be ejected, if he does not pay within three weeks. And he has further given the plaintiff a decree for rent in the future at the rate of 14 annas per bigha which is 2 annas more than the rate at which the defendant has hitherto been paying.3. The plaintiff was not satisfied, however; and appealed to the District Judge, who affirmed the decree of t...
Motilal Pal Chowdhry and ors. Vs. Satya Prashad Pal Chowdhry and anr.
Court: Kolkata
Decided on: Jan-09-1900
Reported in: (1900)ILR27Cal683
Banerjee and Stevens, JJ.1. This appeal arises out of a suit brought by the plaintiffs-respondents against three persons, namely, Pramatha Nath Pal Chowdhry, Satya Prosad Pal Chowdhry, and Lolit Mohun Pal Chowdhry, for recovery of a certain sum of money due on hatchittas or signed accounts on the allegation that the late Koilash Chunder Pal Chowdhry, father of the defendants, carried on monetary dealings with the plaintiffs on hatchittas, on condition of paying interest at the rate of 12 annas per cent, per mensem and of renewing the hatchitta on the Ramnavami Puja day of each year, so that interest at the said rate might run from that day on the amount due as principal and interest; that Koilash Chunder Pal Chowdhry died in Assin 1300, after having executed his last hatchitta on the 14th of Cheyt preceding, for Rs. 27,527 odd; that on his death his widow Damini Dasi, mother of the defendants, having obtained probate of his will on the security of defendants l and 2, continued renewing...
Durga Das Rukhit and anr. Vs. Queen-empress
Court: Kolkata
Decided on: Jan-09-1900
Reported in: (1900)ILR27Cal820
Prinsep, J.1. The matter before us relates to proceedings before the Magistrate, which have arisen out of proceedings before a Deputy Collector under the Land Acquisition Act (I of 1894).2. The two petitioners put in claims to compensation for certain lands taken under that Act, and they have now been charged with offences which may shortly be described as forgery and perjury in making and attempting to substantiate those claims. The Deputy Collector was unusually dilatory in those proceedings, and apparently was unfavourably disposed in respect to those claims, and be abstained from making any award or reference to the Civil Court, although he was pressed to do so by the petitioners. The petitioners then moved the District Collector who sent for the record, and it would seem that the orders for the prosecution of the petitioners, though subsequently passed by the Deputy Collector, were at the suggestion of the District Collector. The Deputy Collector, on 9th September, passed orders u...
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