Kolkata Court December 1908 Judgments
F.F. Christien Vs. Tekaitni Narbada Kunwari
Court: Kolkata
Decided on: Dec-22-1908
Reported in: 2Ind.Cas.641
1. This appeal arises out of a suit for a declaration of certain rights in, and for partition of, two tracts of jungle situated in Gadi Domechanch in the District of Hazaribagh. Tekait Churaman Singh was a former proprietor of the Gadi. He was succeeded by his son Tekait Tohal Ram Singh who was succeeded by his uncle Tekait Maharaj Singh, since deceased. The defendant No. 3 is the son of Maharaj Singh and is the present Tekait of the Gadi. Defendant No. 1 is a bybil-wafadar or mortgagee from the latter under a mortgage executed sometime in 1901. Tekait Maharaj Singh, the father of defendant No. 3 being desirous that the plaintiff should ' pass her life with comfort, honour and power ' granted to her by a khorposh sanad bearing date the 6th December 1894, two mouzasj Raidih and Kusabana, ten bighas of paddy land, and half the income of jungle collections from bankar mahsul and half the price of wood in Gadi Domechanch for her life by way of maintenance. Since the date of this grant the ...
Tag this Judgment!Lakshmi NaraIn Chatterjee Vs. Nanda Rani Debi
Court: Kolkata
Decided on: Dec-18-1908
Reported in: 3Ind.Cas.287
1. The order which we are invited to discharge was made by the Court below at the instance of the respondent under Section 90 of the Probate and Administration Act. The husband of the respondent executed a will on the 21st November 1874, and died many years after, about the year 1899. Shortly after his death an application was made by the respondent for Letters of Administration to his estate, with copy of the will annexed, obviously because no executor had been appointed under the will. Administration was granted and since then the widow has been in possession of her husband's estate under the terms of the will.2. On the 26th September 1905 she made an application to the District Judge under Section 90, Sub-section 3 Clause (a) of the Probate and Administration Act. That section lays down in the first place, that an executor or administrator has,' subject to the provisions of this section, power; to dispose, as he thinks fit of all or any of the property for the time being vested in h...
Tag this Judgment!Kedar Nath Chowdhury Vs. Jatindra Chandra Roy and ors.
Court: Kolkata
Decided on: Dec-18-1908
Reported in: 4Ind.Cas.44
1. The circumstances which have given rise to this appeal may be briefly stated. One Bani Chandra Acharya died, according to the plaintiff, in 1871, and according to the defendants, in 1864. He had a brother Radhamohan who died about the year 1876. Their mother Rammoni, according to the present appellants, died on the 3rd of April 1892, but according to the respondents, died sometime in 1889. The plaintiff as reversionary heir of Bani Chandra commenced this action on the 31st March 1904 to recover possession of the disputed property which was admittedly a part of his estate.2. In the Court of first instance, the plaintiff was met by various defences, amongst which the most important was the plea of limitation. The learned Munsif found that Rammoni died, as alleged by the plaintiff, on the 3rd April 1902, that Article 141 of the Limitation Act was applicable to the case and that consequently the claim was not barred by limitation.3. Upon appeal, the learned Subordinate Judge held that A...
Tag this Judgment!Moha Prosad Singh and ors. Vs. Ramani Mohan Singha and ors.
Court: Kolkata
Decided on: Dec-18-1908
Reported in: 4Ind.Cas.546
1. This appeal arises out of the action taken by the plaintiffs who obtained a decree nisi on their mortgage, on the 12th February 1905. The period of grace allowed by that decree expired on the 12th August, 1906.2. The action taken by the plaintiffs was based on certain observations made by this Court in a judgment, in appeal from order No. 368 of 1907, bearing date the 5th December, 1907, to which a member of the present Bench was a party. [The decree nisi is under appeal to the Privy Council at the instance of the defendants-appellants before us.] The observations had reference to a decree absolute not haying been prepared as a necessary supplement to the decree nisi of the 12th February 1906. This Court observed: 'We can only construe the decree without adding to or subtracting from it, though the plaintiff may yet take the necessary steps to have a proper decree drawn up by a tribunal competent to do so.' This judgment, also, we may observe, is under appeal to the Privy Council at...
Tag this Judgment!Banku Behari Sikdar Vs. Secretary of State for India in Council
Court: Kolkata
Decided on: Dec-17-1908
Reported in: (1909)ILR36Cal239
Fletcher, J.1. The plaintiffs, who are the executors of one Gouri Prosad Kundu deceased, seek by this suit to recover against the defendant, the Secretary of State for India in Council, the value of certain Government Promissory Notes of the face value of Rs. 48,000 under the circumstances hereafter stated.2. The deceased Gouri Prosad Kundu, whose native village was Gopalbari in the District of Faridpur, had for some years prior to his decease carried on a rice business in the Suburbs of Calcutta.3. The evidence is, and it is not disputed, that he was possessed of Government Promissory Notes of the face value of Rs. 56,000. These Government Notes were from time to time pledged with the firm of Roy of 55 Sova Bazar Street, Calcutta, for the purpose of raising money, when required, for the rice-business.4. For the last eight years of his life-time the deceased Gouri Prosad Kundu had owing to declining health ceased to take any active part in the rice-business and had retired to his nativ...
Tag this Judgment!Golab Chand Vs. Janki Koer
Court: Kolkata
Decided on: Dec-17-1908
Reported in: (1909)ILR36Cal267
Mitra and Carnduff, JJ.1. We have no doubt on the facts proved in the case that the plaintiff as the present proprietress of the Betia Raj is entitled to a declaration of her right as the Permanent Settlement-holder under Government of the saltpetre mahal of Sarkar Champaran, which includes the village Manpura owned by the defendant appellant. The settlement papers of 1791 and 1793 conclusively prove that the nimaksayar mahal of Sarkar Champaran along with the villages Sangrampore and others was settled with the Mukerjees, and that the revenue for the nimaksayar mahal was separately assessed at Rs. 2,293 and odd. The revenue was regularly paid to the Government in later years. The mahal passed to the Betia Raj by purchase in 1804, and the predecessors of the plaintiff were in possession and paid regularly the Government dues according to the assessment made by the Government.2. It is also clear from the documents and the findings of fact arrived at by the lower appellate Court that the...
Tag this Judgment!Sri Bhagwan Singh Vs. Emperor
Court: Kolkata
Decided on: Dec-17-1908
Reported in: 3Ind.Cas.319
1. This was a Rule issued upon the Deputy Commissioner of Palamow to show cause why the conviction of Sri Bhagwan Singh under Section 384, Indian Penal Code, should not be set aside on the ground that it could not be legally passed by reason of Section 233 of the Code of Criminal Procedure.2. It appears that the accused was convicted of two acts of extortion committed within a short period of each other against two different persons. It has always been the practice, so far as we are aware, in all the Courts of Bengal to try such offences up to the limit of three under Section 234, Criminal Procedure Code, in one trial. But we have been confronted by the learned Vakil who appears in support of the Rule with a ruling in Queen Empress v. Murari 4 A. 147 and with a ruling Nando Kumar Sirkar v. The Emperor 11 C.W.N. 1128 : 6 Cr. L.J. 321. As regards the Allahabad case, it has been in effect dissented from both by this Court in Manu Miya v. The Empress 9 C. 371 : 11 C.L.R. 52 by the Allahaba...
Tag this Judgment!Choonni Lal Vs. Madhoram
Court: Kolkata
Decided on: Dec-17-1908
Reported in: 1Ind.Cas.391
Fletcher, J.1. This is an application by the petitioner for an order that an award made by the Bengal Chamber of Commerce may be filed in Court and that a decree be passed thereon, for judgment in accordance with the terms of the award. Upon the matter first coming on before me, the application was opposed by the respondents on the same grounds as those raised in Hurdwary Mull v. Ahmed Musaji Selaji 13 C.W.N. 63, 1 I.C., 371 (ante), with this important exception that it was not suggested in this case that the arbitrators had allowed the time for making the award to expire before making then award.2. In these circumstances, I had to consider whether I ought not to remit this case to the arbitrators.3. On a more careful study of the arbitration Rules of the Chamber of Commerce, however, it occurred to me that it was open to doubt whether the arbitral tribunal contemplated by the Rules of the Chamber of Commerce had ever been duly constituted on the ground that the Registrar had failed to...
Tag this Judgment!Vulcan Iron Works Co. Ld. Vs. Bissumbhur Persad
Court: Kolkata
Decided on: Dec-17-1908
Reported in: 1Ind.Cas.927
Fletcher, J.1. This is a motion by the plaintiffs to restrain the defendant from proceeding with a suit, which he has instituted in the Court of the Subordinate Judge of Farruckabad.2. The facts may be shortly stated as follows:3. The plaintiffs instituted this suit on the 4th of July last against the defendant to recover the sum of Rs. 6,260 alleged to be due to the plaintiffs from the defendant on three promissory notes all dated the 10th of September 1906.4. It is admitted that the defendant resides and carries on business at Farruckabad in the United Provinces outside the jurisdiction of this Court. This suit was instituted by the plaintiffs by leave granted under Clause 12 of the Charter on the ground that part of the plaintiffs' cause of action arose within the limits of the Original Civil Jurisdiction of this Court. The defendant on the 20th August last filed a suit in the Court of the Subordinate Judge at Farruckabad praying for a declaration that the said three promissory note...
Tag this Judgment!Banku Behari Sikdar and anr. Vs. Secretary of State for India in Counc ...
Court: Kolkata
Decided on: Dec-17-1908
Reported in: 1Ind.Cas.929
Fletcher, J.1. The plaintiffs, who are the executors of one Gouri Prosad Kundu deceased, seek by this suit to recover against the defendant, the Secretary of State for India in Council, the value of certain Government Promissory Notes of the face value of Rs. 48,000 under the circumstances hereafter stated.2. The deceased Gouri Prosad Kundu, whose native village was Gopalbari in the District of Faridpur, had for some years prior to his decease carried on a rice business in the Suburbs of Calcutta.3. The evidence is, and it is not disputed, that he was possessed of Government Promissory Notes of the face value of Rs. 56,000. These Government Notes were from time to time pledged with the firm, of Roy of 55 Sova Bazar Street, Calcutta, for the purpose of raising money, when required, for the rice-business.4. For the last eight years of his life-time the deceased Gouri Prosad Kundu had owing to declining health ceased to take any active part in the rice business and had retired to his nati...
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