Kolkata Court February 1907 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Nemi Chand Vs. C.W. Wallace and ors.
Court: Kolkata
Decided on: Feb-20-1907
Reported in: (1907)ILR34Cal495
Francis W. Maclean, C.J.1. This is a suit claiming damages against the defendants Messrs. Shaw, Wallace & Co. and the action is virtually for slander of title of certain piece-goods belonging to the plaintiff. Mr. Justice Sale has dismissed the suit with costs, and the plaintiff has appealed.2. The plaintiff's cause of action is stated in the fourth paragraph of his plaint which runs as follows:--'The plaintiff is informed and believes that the defendants on or about the said 25th April 1904 with intent to injure the plaintiff falsely alleged to the Collector of Customs, Calcutta, that the marks on the said grey shirtings were an imitation of Messrs. G. and R. Dewhurst's 5X mark, commonly known as the 'rupee combination,' and applied to him to order the said grey shirtings to be detained pending such legal proceedings as they might take in the matter, and they induced the said Collector upon giving him their bond of indemnity to make such an order without giving any notice to the plain...
Nemi Chand Vs. Secretary of State for India
Court: Kolkata
Decided on: Feb-20-1907
Reported in: (1907)ILR34Cal511
Francis W. Maclean, C.J.1. This is an appeal from the decision of Mr. Justice Sale dismissing the suit of the plaintiff against the Secretary of State for India in Council, in which he claims Rs. 50,000 as damages against the Secretary of State, for the alleged wrongful detention by the Collector of Customs of Calcutta of certain bales of grey shirtings. The success of this appeal is dependent in a great measure upon the evidence in the case we have just disposed of. In that case we found as a matter of fact that the marks upon the plaintiff's grey shirtings were a colourable imitation of those upon Messrs. Dewhurst's goods. We do not propose to go again into that question and it has been conceded that the findings upon that question in the appeal just disposed of must be taken as conclusive upon the question of fact in the present suit. The question then is whether the Collector of Customs had power to detain the goods. That in effect is all that he has done, for though, as is pointed...
Mahomed Athar Vs. Ramjan Khan
Court: Kolkata
Decided on: Feb-15-1907
Reported in: (1907)ILR34Cal587
Brett and Sharfuddin, JJ.1. This is an appeal from the judgment of the District Judge of Cuttack, dated the 6th November 1903, requiring the present appellant, Syed Mahomed Athar, as custodian of a public endowment under the provisions of Act XX of 1863, to execute within two months from the 7th November 1903, a personal bond in the sum of Rs. 3,000 and to furnish two sureties in the sum of Rs. 1,500 each for faithfully discharging the duties of his office, and rendering to the Committee appointed under the Act a full and true account of the receipts and disbursements up to date, and directing that he be dismissed from his office if, within 6 months from the above date, he should fail to furnish the accounts.2. The suit was instituted under Section 14 of Act XX of 1863 for the removal of the defendant (present appellant), Syed Mahomed Athar, from his office of Daroga in connection with the endowment of Kadam Rasool (foot prints of the Prophet) on the ground of manifest misfeasance, bre...
Kali Kishore Pal Vs. Gopi Mohun Roy Chowdhry
Court: Kolkata
Decided on: Feb-15-1907
Reported in: 4Ind.Cas.62
1. The questions raised for our decision were disposed of by us in the course of the arguments of the learned Vakil for the appellants, except the substantial one relating to the jurisdiction of the Settlement Officer and the Special Judge who decided the first appeals. We, also, overruled the preliminary objection taken on behalf of the respondents because the Settlement Officer as well as the Special Judge tried matters coming under both Section 105 and Section 106 of the Bengal Tenancy Act without discriminating them in their judgments. A second appeal may lie in a proceeding under Section 106, but there is no right of second appeal in a proceeding for settlement of rents under Section 105. If, however, such matters are not kept separate, we think, an appeal is entertainable by this Court in respect of the matters coming under Section 106.2. The question of jurisdiction may be divided into two parts: (1) the jurisdiction of the Special Judge to entertain the first appeals, and (2) t...
Promotha Nath Ray Chaudhuri and ors. Vs. Dinamani Chaudhurani
Court: Kolkata
Decided on: Feb-15-1907
Reported in: 65Ind.Cas.826
1. The questions raised before us in these appeals relate to the plea of limitation.2. Golucknath Ray was the owner of the lands in controversy. He died many years ago leaving him surviving a widow Jahnavi Chaudhurani and after giving her an authority to adopt a son or three sons in succession. In pursuance of the authority to adopt Jahnavi adopted Baikuntnath Ray, but when the latter had attained the age of majority, disputes arose between them as to the management of the estate left by Golucknath. Jahnavi sought to keep the management and control to the exclusion of Baikuntnath. These disputes, however, were settled by an ekrarnama executed on the 22nd Bhadra 1272 B.S., corresponding with 6th September 1S65. Baikuntnath married the plaintiff Dinamani Chaudhurani and on his death, without male issue in 1887, Dinamani, as his widow, became his heiress. Jahnavi, however, continued to be in possession in the same way as before Baikuntnath's death. She died in 1900, and then Dinamani took...
Bhawani Koer Vs. Afzal Hussain
Court: Kolkata
Decided on: Feb-13-1907
Reported in: (1907)ILR34Cal381
Harington and Geidt, JJ.1. These four appeals arise out of four suits, which were brought by various parties having interests in an estate known as Tarwan to have the sale of the mehal, which had been sold for arrears of revenue under the provisions of Act XI of 1859, set aside. The learned Subordinate Judge of Gya has set aside the sale on various grounds, expressed in his findings on the issues, which he laid down for trial. He has found that there were irregularities in publishing and conducting the sale and that by reason of those irregularities the plaintiffs sustained substantial loss and injury. He has found that it was necessary that notice under Section 6 of Act XI of 1859 should be issued, and that such notice was neither issued nor served. He has found that there was irregularity in issuing and in serving the notice under Section 7 of the Act and that that affected the revenue sale in question. He has found that it was necessary to issue notice to the co-sharers in the mehal...
Bholanath Khettry Vs. Kartick Kissen Das Khettry and ors.
Court: Kolkata
Decided on: Feb-12-1907
Reported in: (1907)ILR34Cal372
Chitty, J.1. This is a suit by Bhola Nath Khettry and Poran Chand Khettry, infants, by their mother and next friend against their father Kartick Kissen Das Khettry and some fifteen other defendants to contest the validity of certain mortgages made by their grandfather Radha Kissen Khettry and their father Kartick Kissen Das Khettry before the plaintiffs were born.2. The plaint sets out in full detail the circumstances which have occurred since the date of the mortgages.3. The facts are somewhat complicated, but I do not propose to discuss them at length, because it is admitted that the statements in the plaint are substantially correct. Two dates, however, should be added to those there given, viz., the dates of the births of the plaintiffs. Bhola Nath was born on the 11th October 1904 and Poran Chand on the 10th March 1906. The prayer of the plaint is, firstly, for a declaration that the plaintiffs are entitled jointly to a third share in the premises No. 6 Mullick. Street. Secondly, ...
DeonaraIn Singh Vs. Guni Singh
Court: Kolkata
Decided on: Feb-05-1907
Reported in: (1907)ILR34Cal400
Francis William Maclean, C.J.1. These are applications for certificates that the cases are fit for appeal to His Majesty in Council. There are a large number of suits. It appears that all these suits were tried together and were dealt with in one judgment, both in this Court and in the Court of the Subordinate Judge; and it also appears that, on an application for leave to appeal to His Majesty in Council, in case No. 33 of 1906, which was one of the cases heard with those now before us, a certificate has been granted. In that case the amount involved in dispute in both Courts was over Rs. 10,000, and, although the judgment was one of affirmance, a certificate was granted as the appeal involved substantial questions of law.2.Now as regards the cases immediately before us, in two of them, viz, applications Nos. 30 and 31, the amount in dispute is over Rs. 10,000 and, as a certificate has been granted in the case I hare just referred to, I think a certificate must also be granted in each...
Keshobati Kumari Vs. Satya NaraIn Singh
Court: Kolkata
Decided on: Feb-04-1907
Reported in: (1907)ILR34Cal569
Brett and Sharfuddin, JJ.1. The present appeal is preferred by Rani Keshobati Kumari against an order, dated 18th November 1906, passed by the District Judge of the Sonthal Perganahs under Section 7 of Act VIII of 1890 (the Guardian and Wards Act) appointing the Deputy Commissioner of the Sonthal Perganahs to be the guardian of the person and property of the minor, Satya Narain Singh. The minor is the adopted son of the appellant.2. On the 10th April 1893, Raja Udit Narayan Singh of Handwa in the Sonthal Perganahs died, leaving him surviving his widow, Rani Keshobati Kumari, the present appellant. On the 7th April 1896, three days before his death, Raja Udit Narayan executed a will by which he gave his widow pow to adopt three sons in succession. In the second clause of will there is a provision which has been translated as follows:--'But during the lifetime of the said Rani the mokurari istemrari rights and all moveable and immoveable properties and all household furniture &c.;, shall...
- ‹ Prev
- Next ›