Court : Kolkata
Reported in : (1904)ILR31Cal48
Harington and Brett, JJ.1. On the 3rd November 1902 one Bhagwan Dutt Chowdhry, a servant of the Rewani indigo factory, filed a petition before the Sub-divisional Magistrate of Samastipur, alleging that there were some lands in the village of Patpara which were in possession of the factory, and that the maliks of Patpara were trying to take possession of these lands. He asked the Magistrate to direct the police to take action in the matter. The Magistrate thereupon ordered a police inquiry. On the 19th November 1902 the police submitted a report to the effect that the manager and the tokedar of the Rewani factory as representing the interest of the proprietors of the factory on the one side, and Dhondhai Singh on the other, were the disputing parties, that the lands in dispute appeared to be in possession of the factory and the police further submitted that proceedings should be taken under Section 145 of the ?Criminal Procedure Code to prevent a breach of the peace.2. On the 27th Novem...
Tag this Judgment!Court : Kolkata
Reported in : (1904)ILR31Cal133
Ghose and Pratt, JJ.1. This appeal arises out of an application under the Succession Certificate Act, VI of 1889. The applicant was one Musammat Parbati Koer, the daughter of the deceased Fakir Chand Sahu. The application was opposed Fakir Chand, who put forward an abjection saying that Fakir Chand, who put forward an objection an objection saying that Fakir Chand was a member of joint Hindu family, and that therefore, he (Basanta Lal) was the person entitled to a certificate. The learned District Judge states in the first portion of his order: 'It appears that the documents and accounts are in Basanta Lal's possession, and he has filed documentary evidence which, at first sight seems to go a good way to establish that he was join with the deceased.' He further observes: 'But it has been ruled in Raghu Nath Misser v. Pate Koer (1901) 6 C.W.N. 345, that the natural heir is entitled to a certificate under this Act on the mere allegation that the debts were the separate property of the de...
Tag this Judgment!Court : Kolkata
Reported in : 5Ind.Cas.301
1. In this appeal which arises out of a, suit brought by the plaintiff-respondent to recover khas-possession of certain lands upon ejectment of the defendant, two points have been urged before us on behalf of the defendant-appellant, namely, first, that the Court of appeal below ought to have held that the suit was barred by limitation as it was brought more than one year after the date of order of the Settlement Officer which was virtually sought to be aside, and secondly, that the plaintiffs were bound by their qabulyat to recognise the right of the defendant as a recorded tenant.2. We are of opinion that the second contention must succeed, and that it is, therefore, unnecessary to remand the case for the determination of the first, a remand which might otherwise have been necessary by reason of the materials on the record not being sufficient to enable us to determine it. The plaintiffs in paragraph 3 of the qabuliat executed by them in favour of the government stipulated that they ...
Tag this Judgment!Court : Kolkata
Reported in : (1904)ILR31Cal36
Francis W. Maclean, C.J.1. There are two appeals in this suit, and I will deal with the appeal of the India General Steam Navigation Company, Limited, in the first instance, for that is by far the more important.2. The suit is one by a firm of merchants at Chittagong against the Company I have named, and certain other defendants whom I will call the Sowdagar defendants. The claim was for a sum of five or six thousand rupees under the following circumstances:On the 29th of July 1896, the plaintiffs, at Chittagong, shipped on board a sailing brig, called the Cabul, 4,000 maunds of non-duty-paid salt, the brig belonging to the Sowdagar defendants, to be conveyed to Naraingunge. They paid by way of freight Rs. 360. The brig proceeded on her voyage to Naraingunge, and in the river Meghna collided with a steamer called the Thrush (belonging to the defendant Company) on the evening of the 8th of August at about 7 or 8 o'clock. The result of the collision was that a large hole was made on the ...
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