Kolkata Court December 1909 Judgments
Tahaldai Kumri Vs. Gaya Pershad Sahu
Court: Kolkata
Decided on: Dec-22-1909
Reported in: (1910)ILR37Cal214
Brett and Sharfuddin, JJ.1. The present appeals are directed against a judgment of the District Judge of Bhagalpur dealing with two applications for letters of administration to the estate of two minors, Raghu Sahu and Chamru Sahu. The applicant in one of the applications was the step-mother of the two deceased minors, and the applicants in the other were the father's sister's sons of the deceased. The minors also left a half-sister by the same step-mother, but she is not a party to either of the two applications. The learned District Judge held that letters of administration could only be issued to the persons entitled to succeed to the property, send, on a consideration of the authorities, he was of opinion that under the Mitakshara system of the Hindu Law as interpreted in Bengal in the Full Bench case of Lala Joti Lal v. Durani Kower (1864) B.L.R. Sup. Vol. 67., the step-mother was not entitled to succeed in preference to the other applicants, the sister's sons of the father, who w...
Tag this Judgment!Musammat Tahaldai Kumri Vs. Gayaprasad Sahu and anr.
Court: Kolkata
Decided on: Dec-22-1909
Reported in: 5Ind.Cas.135
1. The present appeals are directed against a judgment of the District Judge of Bhagalpur dealing with two applications for letters of administration to the estate of two minors, Raghu Sahu and Chamru Sahu. The applicant in one of the applications was the step-mother of the two deceased minors and the applications the other were the father's sister's sons of the deceased. (sic) minors also left a half sister by the same (sic) other but she is not a party to either of the two applications. The learned District Judge held that letters of administration could only be issued to the persons entitled to succeed to the property and, on a consideration of the authorities, he was of opinion that, under the Mitaksharq system of the Hindu Law as interpreted in Bengal in the fall Bench case of Lala Joti Lal v. Musammat Durani Kower B.L.R. Sup. Vol. 67 (F.B.), the step-mother was not entitled to succeed in preference to the other applicants, the sister's sons of the father, who were admittedly the ...
Tag this Judgment!Ghanashyam Mohanti and ors. Vs. Jagabandhu Jena and anr.
Court: Kolkata
Decided on: Dec-22-1909
Reported in: 5Ind.Cas.149
1. This appeal is directed against a judgment and decree of the District Judge of Cuttack, dismissing an application for probate of a certain document, dated the 10th September 1879, which is described to be the Will of one Pabitra Das, a mohunt. The present appellants are persons who came forward as Superintendents of the math and they brought the suit in, that capacity in order to obtain probate of this document which they describe as a Will in order, it is said, to acquire authority to deal with one Ajodhya Das, who after the death of the Mohunt Pabitra Das appears to have occupied the post of mohunt of the math. The learned District Judge before whom the suit was brought has dealt with the document propounded as a Will and has come to the conclusion that it does not come within the definition of a Will as given in Act X of 1865, namely, that it does not contain the legal declarations of the intentions of the testator with respect to his property which he desires to be carried into ...
Tag this Judgment!Annoda Prosad Bhattacharjee Vs. Nibarani Dasi and anr.
Court: Kolkata
Decided on: Dec-22-1909
Reported in: 5Ind.Cas.290
1. These are appeals on behalf of the plaintiff in actions for enhancement of rent of occupancy raiyats under Section 30 Clause (b) of the Bengal Tenancy Act, on the ground that there has been a rise in the average local prices of staple food crops daring the currency of the present rent. The learned District Judge has calculated the enhanced rent on the basis of a comparison between the average prices during the decennial period 1897 to 1906 with those during the decennial period 1888 to 1897. On behalf of the appellant it is argued that this mode of calculation is based upon an erroneous view of the scope and effect of Clause (a) of Section 32 of the Act. That clause provides that where enhancement is claimed on account of a rise in prices, the Court shall compare the average prices during the decennial period immediately preceding the institution of the suit with the average prices during such other decennial period as it may appear equitable and practicable to take for comparison. ...
Tag this Judgment!Padmabati Dasi Vs. Rasik Lal Dhar
Court: Kolkata
Decided on: Dec-21-1909
Reported in: (1910)ILR37Cal259
Lawrence H. Jenkins, C.J. and Woodroffe, J.1. We think in this case no sufficient ground is shown for an order for security. All we have on which to act is an allegation of the appellants' lack of means followed by a general averment that the statements are to the best of the deponent's knowledge, information and belief; but what his information and belief are, or on what his belief is grounded, is in no way indicated. Order XIX, Rule 3, however, declares that 'affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.' That proviso is essential, but no attempt has been made to comply with its terms.2. We desire to impress on those who propose to rely on affidavits that, in future, the provisions of Order XIX, Rule 3, must be strictly observed, and every affidavit should clearly express how much is a statement of t...
Tag this Judgment!Padmabati Dasi and anr. Vs. Rasik Lal Dhar
Court: Kolkata
Decided on: Dec-21-1909
Reported in: 6Ind.Cas.666
ORDER3. We give you three weeks' time from to-day. You are to give security for the costs of the appeal to the extent of Rs. 2,500 to the satisfaction of the Registrar within one week from the re-opening of the Court after the Christmas vacation. Costs of the application to be costs in the appeal....
Tag this Judgment!Bajrang Behari Lal Vs. Lachmi NaraIn and anr.
Court: Kolkata
Decided on: Dec-21-1909
Reported in: 13Ind.Cas.944
1. This is an appeal against an order of the District Judge disallowing an objection to the execution of a decree. The objection on which the judgment-debtor, who is the appellant, relied was that the claim under the decree had been adjusted by an agreement between the decree-holder and himself and the difficulty that lay in his way was that no such adjustment had been certified under Section 258 of the old Civil Procedure Code. He meets this by saying that by fraud he was prevented from learning that the adjustment of the decree had not been certified by the decree-holder in accordance with his promise. The difficulty that seems to us to stand in the way of the appellant is this. The provisions of Section 258 are express that no payment or adjustment shall be recognised unless it has been certified and, therefore, the alleged adjustment relied upon by the objector in the present case is no answer under Section 244 to an application for execution of a decree. Then, it is said that it c...
Tag this Judgment!Shrinath Chandra Pramanick and ors. Vs. Secretary of State for India i ...
Court: Kolkata
Decided on: Dec-20-1909
Reported in: 5Ind.Cas.141
1. No one appearing for the Opposite Party, we think that these Rules must be made absolute; The order of the lower; Court, appears to be incorrect, having Regard to the provisions of Section 7 Sub-section (4), Clause (c) of the Court Fees Act. In these suits, not only is a declaratory decree sought but consequential relief by amendment of the record-of-rights is also asked for. In such cases, the Court-fees, in terms of that section, must be determined by the amounts at which the reliefs sought are valued is the plaints and not at the sum of ten rupees required for a declaratory decree. We, therefore, direct that the order complained of be set aside and the cases sent back to the lower Court for re-admission after it has determined the amounts at which the reliefs sought are to be valued and after the institution fees or those valuations have been paid. We make no order as to costs....
Tag this Judgment!Bisambhar Lal Vs. Chairman of the Municipal Board of Chapra
Court: Kolkata
Decided on: Dec-20-1909
Reported in: 5Ind.Cas.81
Teunon, J.1. In this case plaintiff brought a suit against the Chairman of the Chapra Municipality contesting the validity of a certain assessment.2. In the Court of first instance the suit was dismissed on the merits and also on the preliminary ground that plaintiff had failed to comply with the requirements of Section 363 of the Bengal Municipal Act, 1884. In the first appellate Court the other issues arising were not discussed and the suit was dismissed on the preliminary ground alone.3. Against this decision plaintiff appeals to this Court. The defendant-respondent, it may be noted, does not appear.4. Section 363 of the Bengal Municipal Act provides that in respect of any thing done under the Act, no suit shall be brought against a body of Municipal Commissioners until the expiration of one month next after notice in writing has been delivered or left at the office of the Commissioners.5. Before me, as in the Courts below, it is the case of the plaintiff that the required notice wa...
Tag this Judgment!Musammat Sundri and anr. Vs. Hari Prosad Singh (Surety) and ors.
Court: Kolkata
Decided on: Dec-20-1909
Reported in: 5Ind.Cas.139
1. This is an appeal against an order passed by the Subordinate Judge of Bhagalpur in a proceeding in execution of a certain mortgage decree. The decree was granted by this Court in favour of the present appellants on the 28th January, 1908, for the recovery of Rs. 1,62,113 and on the 7th December 1907, the respondent Hari Prosad Singh deposited as surety for the judgment-debtors, Rs. 5,000 in cash as security for stay of execution under an order of this Court. This amount was to be deposited in addition to the security of the mortgaged property in order to cover any amount of the mortgage debt which might be found to be in excess of the proceeds realizsd by the sale of the mortgaged property. The mortgaged property was sold on the 17th November 1908 for Rs. 1,66,431, it having been advertised for sale for the realization of Rs. 1,65,305 odd annas. Thereupon, an application was made by the judgment-debtors immediately after the sale to have it set aside. This was finally refused and th...
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