Kolkata Court July 1906 Judgments
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In Re: Isaac Shrager and ors.
Court: Kolkata
Decided on: Jul-20-1906
Reported in: (1906)ILR33Cal1062
Sale, J.1. I think the Official Receiver and the Trustee in Bankruptcy are only entitled to appear in so far as they apply to carry out the order in aid: they have no locus standi to oppose the application for personal discharge, which is a proceeding under the Indian Act. The only question is as to the form the public examination shall take. My attention has been drawn to the procedure previously adopted in a similar case, where the Court here appointed a Commissioner, upon petition in the ordinary way, to fake the evidence for transmission to the English Court. I prefer to follow that procedure rather than constitute myself a Commissioner to take the evidence in Court. Let the insolvents be sworn and discharged, they undertaking to attend on the public examination....
Mathura Mandal Vs. Ganga Charan Gope
Court: Kolkata
Decided on: Jul-20-1906
Reported in: (1906)ILR33Cal1219
Rampini, J.1. This appeal arises out of a suit brought by 'certain landlords to eject the defendants from an area of 6 1/2 pakhis of land. This land was formerly in the occupation of one Nidra Bewa. The plaintiffs allege that she has abandoned the land and seek to re-enter on it. The defendants allege that Nidra Bewa sold the land to them 22 years ago, that they have been in occupation of it ever since, and that they have paid the rent since then, though it was received in the name of Nidra Bewa.2. The Lower Appellate Court has given the plnintiffs a decree. The Subordinate Judge has held that the land was a non-transferable occupancy holding, and that consequently Nidra Bewa's sale of the land to the defendants has given the latter no right to resist the plaintiff's suit for ejectment.3. The defendants appeal. On their behalf it has been contended(1) that the mere abandonment of the land by Nidra. Bewa gives the plaintiffs no right to re-enter;(2) that the defendants are Nidra Bewa's ...
Surja NaraIn Mandal Vs. Nanda Lal Sinha
Court: Kolkata
Decided on: Jul-13-1906
Reported in: (1906)ILR33Cal1212
Geidt and Ormond, JJ.1. The subject-matter of this litigation is a chuck named Kirtana Kanali. It was conveyed to one Braja Lal Singh by a deed executed in October 1878. Braja Lal was one of five brothers, the names of the other four being Madan Mohan,. Radha Madhab. Kartic and Nanda Lal. The main question that had to be tried in these suits was whether, by the conveyance of October 1878, Braja Lal became alone entitled to the chuck, or whether it was conveyed to him on behalf of all the five brothers.2. At the time of the conveyance the chuck was subject to a mokarari lease. In August 1884, three of the five brothers, namely, Braja Lal, Radha Madhab and Kartic, mortgaged the chuck, together with two other properties, to one Surja Narain Gosain. Some two years after words in December 1886 Braja Lal purchased the mokarari interest in execution of a decree obtained against the holders of the mokarari (enure. In 1896 Surja Narain Gosain brought a suit and obtained a decree on his mortgage...
Ganga Bishun Singh Vs. Mahomed Jan
Court: Kolkata
Decided on: Jul-06-1906
Reported in: (1906)ILR33Cal1193
Pratt and Gupta, JJ.1. This is an appeal from the judgment of the Subordinate Judge of Chapra dated, the 16th of August 1904 decreeing the plaintiff's suit for annulment of a sale held by the Collector for arrears of Government revenue under the provisions of Act XI of 1859 The defendant No. 1, who was the auction-purchaser, and certain other persons, who hold under him and were also made defendants in the suit, are the appellants before us. The facts of the case are undisputed and are thus stated in the judgment of the Lower Court: 'There is a revenue-paying estate Khawaspur Tawzi No. 1692. The plaintiff was the proprietor of an ijmali kalam of 3 annas odd in the estate. The annual sadar jamma was Rs. 213-2 as. The arrears up to June 1901 were Rs. 1,438-13 annas 9 pies. On the 16th September 1901 the property was put up to sale, but there were no bidders. The Collector then proceeded under Section 14 of the sale law and on the 17th September the plaintiff paid off all the arrears; two...
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