Kolkata Court August 1908 Judgments
Rangamani Dasi Vs. Jogendra Nath Manna and ors.
Court: Kolkata
Decided on: Aug-07-1908
Reported in: 3Ind.Cas.304
1. The plaintiff in this case is the widow of one Lokenath, the son of Beni Madhab Manna. Beni Madhub died leaving five sons and a widow named Srimati Anandamoyi Dasi. During her life-time the family property was partitioned by an arbitration award dated the 13th November 1887 and Anandamoyi obtained certain property absolutely and a life-estate in a garden and a sum of Rs. 3,000. Lokenath died during Anandamoyi's life-time and his widow now sues for partition of a fifth share in the garden and the sum of Rs. 3,000.2. The Subordinate Judge found that the plaintiff was not and never had been in possession of the disputed property jointly with the defendants and, therefore, was not entitled to sue for partition. The suit was brought on a Court-fee stamp of Rs. 10 and an issue was framed as to whether the suit could proceed on that Court-fee. The Subordinate Judge, however, neither decided the issue nor required the deficiency in Court-fees to be made good, as he should have done. He then...
Tag this Judgment!Shamaldhone Dutt Vs. Lakshimani Debi and ors.
Court: Kolkata
Decided on: Aug-07-1908
Reported in: 2Ind.Cas.553
1. This was originally a case of considerable complexity, but for the purposes of this appeal the matters essentially in dispute may be stated at no great length.2. The plaintiff, Babu Shamaldhone Dutt, was the attorney of one Radhanath Mukherjee, a gentleman, who apparently devoted much of his life to litigation. The indulgence of this taste involved him in great expenditure, and the plaintiff advanced him considerable sums towards meeting it. For these advances, Radhanath Mukherjee executed at first a mortgage and then three further charges in favour of the plaintiff, and the plaintiff brings this suit to recover the money due on these securities. We are not concerned in this appeal with the original mortgage and the first two farther charges.3. The third charge was executed on the 3rd August 1903 for a consideration of Rs. 21,000 which, excluding fractions, was made up as follows:Rs. Interest on mortgage andprevious two charges ... 6,468 Promissory notes executed by Radhanath for ad...
Tag this Judgment!Ebrahim Ismail Timol Vs. Provas Chander Mitter
Court: Kolkata
Decided on: Aug-05-1908
Reported in: (1909)ILR36Cal59
Stephen, J.1. In this case the plaintiff claims certain reliefs under the following circumstances:2. On the 2nd of November 1905 he took from the defendant a lease of a house and premises 38, Elgin Road, which are admittedly beyond the limits of the local Original Jurisdiction of this Court. The lease was for 15 years from the 15th of September 1905. It contained two provisions with which we are concerned; the first was an ordinary covenant for re-entry by the landlord in case of non-payment of rent, the other provision gave him a right to enter on the premises on their being vacated by the tenant, and enabled him in that case to relet the premises, the tenant remaining liable on his covenants, and in particular being liable for any deficiency of the rent on re-letting by the landlord. What occurred was that the rent for the months of April, May and June fell into arrears, and the landlord obtained a decree in respect of these arrears in the Small Cause Court in August of that year. At...
Tag this Judgment!Ebrahim Ismail Timol Vs. Provas Chandar Mitter
Court: Kolkata
Decided on: Aug-05-1908
Reported in: 1Ind.Cas.472
Stephen, J.1. In this case the plaintiff claims certain reliefs under the following circumstances:2. On the 2nd of November 1905, he took from the defendant a lease of a house and premises, 38 Elgin Road, which are admittedly beyond the limits of the local Original Jurisdiction of this Court. The lease was for 15 years from the 15th of September 1905. It contained two provisions, with which we are concerned; the first was an ordinary covenant for re-entry by the landlord in case of non-payment of rent, the other provision gave him a right to enter on the premises on their being vacated by the tenant, and enabled him in that case to re-let the premises, the tenant remaining liable on his covenants, and in particular being liable for any deficiency of the rent on re-letting by the landlord. What occurred was that the rent for the months of April, May and June fell into arrears, and the landlord obtained a decree in respect of these arrears in the Small Cause Court in August of that year....
Tag this Judgment!Muktakeshi Dasi Vs. PulIn Behari Singh and ors.
Court: Kolkata
Decided on: Aug-04-1908
Reported in: 1Ind.Cas.155
1. A deceased occupancy raiyat named Becharam Gossain mortgaged his holding of 7 1/2 bighas to the plaintiff in Asar 1309. He subsequently died leaving one brother Bonomali who has also died without leaving any heir and the landlord has taken over the holding. The plaintiff sued the landlord, defendant No. 2, and two other persons Nobin Chundra Gossain, defendant No. 1, and his wife defendant No. 3 who, he alleges, are in occupation of the land. It is not contended that they are in any way the heirs of Becharam but defendant No. 1 who appeared said that his wife defendant No. 3 got the land as a gift from Becharam. The Munsif in the first Court disbelieved the story of gift and found there was cause of action against defendant No. 1 as he was in possession. He also found that the vesting of a jote in the landlord on failure of the heirs of a deceased tenant cannot destroy a subsisting mortgage lien. He accordingly gave the plaintiff a mortgage decree.2. In appeal the learned Subordinat...
Tag this Judgment!In Re: Sarojendra Kumar Dutt
Court: Kolkata
Decided on: Aug-04-1908
Reported in: 1Ind.Cas.286
Woodroffe, J.1. This is an application for an order that the Petitioner may have liberty to enter into articles of agreement with the attorney, mentioned in the petition, and that such articles of agreement may be treated as valid for the purpose of duly qualifying the Petitioner for the examination of attorney to be held by this Court.2. The Petitioner desires to enter into articles of clerkship with the view of appearing in the examination for qualifying for attorneyship and the attorney, to whom he wishes to article himself, has expressed some doubt as to whether, under the Rules of this Court, the fact of his being an assistant to another firm would be a bar to his taking a clerk under articles of agreement, notwithstanding the fact that he has, though an assistant in another firm, an independent practice of his own.3. I do not think that I could make the order asked for. In my opinion, the only attorney who should take an articled clerk is a member of a firm of solicitors and that...
Tag this Judgment!Jogendra Chunder Dutt and anr. Vs. Apurna Dassi and ors.
Court: Kolkata
Decided on: Aug-03-1908
Reported in: 3Ind.Cas.859
Fletcher, J.1. This a suit on two mortgages. The case is not altogether free from difficulty.2. The facts are as follows :-The plaintiff claims as the transferee of two Bengali deeds of mortgage. The first deed is dated the 21st July 1896, by which two persons, Kamala Churn Dutt and Abinash Chanrda Dutt, mortgaged, for the sum of Rs. 1,500 with interest at 4 per cent., their undivided share in the house and premises No. 1, Zeriff's Lane, in favour of one Noreridra Nath Bose. The second mortgage-deed is dated the 6th February 1897 whereby Ambica Churn Dutt, who was a brother of the mortgagors in the first mortgage, mortgaged in favour of Norendra Nath Bose his undivided share in. the same house, to secure the repayment of Rs. 500 with interest at 4 per cent.3. Now, the real contest before, me is as to who is entitled to those sums of Rs. 1,500 and Rs. 500; did they belong to Norendra Nath Bose, or was he merely a benamidar for his father and uncle?4. It appears on the evidence that the ...
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