Kolkata Court March 1907 Judgments
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Brojanath Bose Vs. Durga Prosad Singh
Court: Kolkata
Decided on: Mar-18-1907
Reported in: (1907)ILR34Cal753
Brett and Sharfuddin, JJ.1.The plaintiff respondent is the proprietor of the permanently settled estate of pergannah Jheria within which mouzahs Tasra and Raharaband are situated. Defendant No. 1 was in December 1887 appointed Digwar of Ghat Tasra by order of the Deputy Commissioner of Birbhoom, on the dismissal for misconduct of Digambar Singh, the previous Digwar. Defendant No. 1 at the same time received possession of the two mouzahs Tasra and Raharaband as the Digwari jaigir attaching to his office, and since that date continued to pay to the zemindar a yearly sum of Rs. 64 in respect of those two mouzahs. On the 2nd January, 1892, defendant No. 1 with the consent of the Deputy Commissioner of Manbhoom executed in favour of defendant No. 2, Mr. Mathewson, mokarari pottah of all the surface an sub-soil rights in mouzahs Tasra and Raharaband on which his kachari bari etc., stood. In that lease a clause was inserted that the rights and interests of Government over the surface lands an...
Dirgaj Deo Vs. Kali Charan Singh
Court: Kolkata
Decided on: Mar-12-1907
Reported in: (1907)ILR34Cal466
Francis W. Maclean, C.J.1. This is an application for a certificate for leave to appeal to His Majesty in Council. The dispute arises in certain proceedings under the Land Acquisition Act, and there are in all 10 cases, separate amounts being awarded in each case. The aggregate amount awarded is well under Rs. 10,000. The value then of the subject matter of the suit in the Court of first instance is under Rs. 10,000, and the value on appeal to His Majesty in Council is also under that sum. The decree sought to be appealed against is one of affirmance.2. In these circumstances a certificate cannot prima facie be properly granted, having regard to Section 596 of the Code of Civil Procedure. But it is contended that the decree involves indirectly a question respecting property over Rs. 10,000 in, value. The decree, however, only directly dealt with the question of apportionment of the compensation money, amounting to about Rs. 3,660. The decree only dealt with the land taken in one mauza,...
Ratan Lal Gir Vs. Farshi Bibi
Court: Kolkata
Decided on: Mar-08-1907
Reported in: (1907)ILR34Cal396
Mitra and Caspersz, JJ.1. This is an appeal in a suit by a raiyat to eject an under-raiyat. The defendants held the land under a registered lease for a term of years. The term expired and the present suit was brought one year and seven months after the expiry of the lease.2. The defendant pleaded want of notice and acceptance of rent as proof of his having been allowed to hold over.3. He also demanded compensation.4. The Munsif framed issues on these points and recorded the evidence in English as if the suit had been one for rent under the Bengal Tenancy Act. He gave the plaintiff a decree on the finding that the defendant was not allowed to hold over and that no notice was necessary.5. On appeal by the defendant, the learned Officiating District Judge of Rungpore held that the record of evidence having been made in English, there had not been a proper trial of the suit, and he was disposed to remand the case to the first Court for a fresh hearing. But he dismissed the suit and decreed...
Narang Rai Agarwalla Vs. River Steam Navigation Company, Ld.
Court: Kolkata
Decided on: Mar-06-1907
Reported in: (1907)ILR34Cal419
Brett, J.1. The plaintiff appellant brought an action in the Court of the Munsif of Kamrup to recover damages from the River Steam Navigation Company Limited, and the Secretary of State for India on behalf of the Eastern Bengal State Rail-way, for the loss of a portion of a bundle of endi silk. The goods were made over to the agent of the Steam Navigation Company at Gauhati on the 14th November 1897 for trans-mission to Calcutta, vid Goalundo. It was known by both parties when the goods were handed over and received that they would be carried by a steamer of the River Steam Navigation Company as far as Goalundo by river, and thence to Calcutta by the Eastern Bengal Railway Company by land. On delivery of the bundle being taken at the Armenian Ghat Station, Calcutta, it was found that 23 out of the 26 pieces of endi silk, of which the bundle was made up, were missing. The suit was brought against the two defendants for damages for failure properly to discharge their duties as common car...
Biprodas Pal Chaudhri Vs. Sarat Chandra Singha and ors.
Court: Kolkata
Decided on: Mar-05-1907
Reported in: 17Ind.Cas.168
Francis Maclean, C.J.1. This case arises under the Land Acquisition Act, and the dispute is as to how the compensation money is to be apportioned between the zemindar and the patnidar whose rent is not liable to enhancement. It appears that under the terms of the patni pattah, if any portion of (he land comprised in the pattah is taken by Government under the Land Acquisition Act, still the patnidar is to go on paying the same rent to the zemindar. It appears that some 20 bighas of land were taken by Government. The patnidar used to pay rent for this land at the modest rate of 2 annas a bigha which would bring the total rent to something between Rs. 2 and Rs. 3 a year. This rent the zemindar still continues to get under the terms of the contract with the patnidar: and so, he has lost nothing. In cases like this, the Court has to find out, in making its apportionment, as was pointed out in the case of Dinendra Narain Boy v. Sitaram Mukerjee 30 C. 801 : 7 C.W.N. 810, what are the respect...
Panchu Das Vs. Emperor
Court: Kolkata
Decided on: Mar-01-1907
Reported in: (1907)ILR34Cal698
Rampini and Gupta, JJ.1. The two appellants, Panchu Das, and Jatindra Nath Chatterjee, together with two women, Durga Peshakar and Hazari Peshakar, prostitutes, were tried before the Sessions Judge of Nuddia with the assistance of a Jury on charges under Sections 147, 149/304, 149/325, and 149/323 of the Indian Penal Code; The two women, Durga and Hazari, were found not guilty and have been acquitted. The Jury, by a majority of three to two, found the two appellants guilty of causing grievous hurt under Section 325 of the Indian Penal Code; and the Judge accepting that verdict has sentenced Panchu Das to rigorous imprisonment for seven years, and Jatindra Nath Chatterjee to like imprisonment for three years.2. The appeal has been argued before us at considerable length by the learned Counsel for the appellants, and we have also heard the learned Assistant Government Pleader, in reply. As this Court cannot interfere with the verdict of a Jury except on grounds of misdirection by the Jud...
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