Kolkata Court August 1903 Judgments
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Debendra Nath Biswas Vs. Hem Chandra Roy
Court: Kolkata
Decided on: Aug-14-1903
Reported in: (1904)ILR31Cal253
Francis W. Maclean, C.J.1. This is a suit by certain creditors against the executors of a deceased gentleman, and the object of the suit is to have his estate rendered liable for a debt which was contracted by one of the executors alone. There were four executors, and the suit is brought on a promissory note given by one of then alone for goods apparently supplied to the estate. The question is whether the estate can be made liable. I do not think it can. I refer only to two cases, the case of Farhall v. Farhall (1871) L.R. 7 Ch. 123 where Sir George Mellish says: 'It appears to me to be settled' law that, upon a contract of borrowing made by an executor after the death of the testator, the executor is only liable personally, and cannot be sued as executor so as to get execution against the assets of the testator'; and the same principle waylaid down in the case before the Privy Council of Labouchere v. Tupper (1857) 11 Moo. P.C.C. 198.2. The appeal must be allowed in favour of the pre...
Fatima Bibee Vs. Ahmad Baksh
Court: Kolkata
Decided on: Aug-14-1903
Reported in: (1904)ILR31Cal319
Rampini and Pargiter, JJ.1. This appeal arises out of a suit to establish the validity of a hibanama, or deed of gift, said to have been executed by one Dader Baksh and his wife Salimat-unnessa in favour of their son Ahmad Baksh on the 21st May 1897, six days before the death of Dader Baksh.2. Bader Baksh was a Sub-Deputy Collector. He suffered from diabetes for 8 or 9 years, and then albuminuria supervened in 1896. He obtained leave on medical certificate and returned to his home in Cuttack early in May 1897. He was attacked with fever about the 12th May and was treated by 6 Doctor named Keshab Chandra. On the 20th May, Colonel Meadows, the Civil Surgeon, was called in to treat him, and a nurse, Mrs. Anderson, was engaged on that day or the next day. On the 21st May, Dader Baksh and his wife executed a hibanama and it was registered by the Special Sub-Registrar on the 25th. Dader Baksh died on the morning of the 27th. He left six daughters besides his widow and son, the three eldest o...
Girjanath Ray Chaudhuri and ors. Vs. Surendra Nath Ray Chaudhuri and o ...
Court: Kolkata
Decided on: Aug-13-1903
Reported in: 16Ind.Cas.84
Francies Maclean, C.J.1. The Plaintiffs in this are certain persons who alleged that they are entitled between them to a sixteen-annas share of the property in dispute, consisting of a house and land. The plaintiffs, claiming to be entitled to the sixteen-annas share, say, rightly or wrongly, that the defendants are keeping them out of possession of the property, and they seek by their suit to obtain possession as the rightful owners.2. The learned Judge in the Court below has dismissed the action with costs, on the ground that it is multifarious. He says: 'It is clear, therefore, that the three sets of plaintiffs have no community of interest, each having acquired separate shares by separate conveyances at different dates from different individuals having distinct and separate interest under dissimilar circumstances. Each has accordingly his separate and distinct cause of action which, not being common and identical, cannot be legally united in the manner it has been done in the prese...
Emperor Vs. Jogeshwar Passi
Court: Kolkata
Decided on: Aug-11-1903
Reported in: (1904)ILR31Cal1
Banerji and Handley, JJ.1. This is a reference under Section 432 of the Code of Criminal Procedure by the Presidency Magistrate of the Northern Division of Calcutta in which he has submitted for the opinion of this Court the following question, namely, whether he Ms jurisdiction to proceed with the enquiry into the case of a person accused Of an offence punishable under Section 304A of the Indian Penal Code after the Coroner of Calcutta has drawn up an, inquisition under Section 24 of the Coroners' Act, IV of 1871, bound down the witnesses under Section 25 of that Act and committed the accused to prison under Section 26.2. That is the main question that arises for determination upon the Presidency Magistrate's reference; and there are the following subsidiary questions also submitted by the Magistrate in his reference for our opinion, namely, (i) whether the order for bail passed by him in the case of the accused Jogeshwar Passi is still operative, or whether the Magistrate is at liber...
Nuzhatuddowla Abbas HosseIn Vs. Mirza Kurratulain
Court: Kolkata
Decided on: Aug-06-1903
Reported in: (1904)ILR31Cal186
Francis W. Maclean, C.J.1. This is a suit by the heir and Heiress of the late widow of the late King of Oudh, commonly called Khas Mahal, and another gentleman who claims as a purchaser of certain interest in the property, the subject of dispute, from his co-plaintiffs, against one Pearay Saheb and the Administrator-General of Bengal; and the object of the suit is to hare an account taken of all moneys and other properties come to the hands of Peary as the alleged confidential agent of Khas Mahal, and for payment of what shall be found due to the plaintiffs on taking such an account; for enquiry as to certain property which he is alleged to have taken occasion of after the death of Khas Mahal, and for consequential relief.2. Shortly, the case of the plaintiffs is as follow:They allege that Khas Mahal died intestale on the 1st of April 1894, leaving the plaintiffs 1 and 2 as heirs under the Shiah School of Mahomedan Law; that she died possessed of considerable property both moveable and...
Jagadindra Nath (Sic) Vs. Chandra Nath Pod(Sic)
Court: Kolkata
Decided on: Aug-05-1903
Reported in: (1904)ILR31Cal242
Brett and Mitra, JJ.1. The suit, out of which this appeal arises, was brought to recover the sum of Rs. 10,000 with costs and interest from Shasti Charan Chakravarti (defendant No. 1) as ijaradar, and from Chandra Nath Tai Poddar (defendant No. 2), as his surety, on account of arrears of rent due on a temporary ijara, settlement of the sunkar and bankar (grass and forest produce), &c.;, of certain ghats included in Gar Jayenshahy, &c.;, perganah Jayenshahy, and perganah Pukharia, in the district of Mymensingh. The ijara lease bears date the 16th Bhadra 1301, and is for a term of four years, 1301 to 1304 B.S. at a yearly rental of Rs. 14,597. The suit was brought for the balance of rents outstanding after termination of the lease with interest. On the 20th Bhadra 1301, Madan Mohan Tai Poddar executed a bond in the sum of Rs. 5,000 as surety on behalf of the ijaradar for the, due fulfillment the covenants in the lease. Madan Mohan died in 1303, leaving as heirs his daughters. After his d...
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