Kolkata Court April 1909 Judgments
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Churaman Sahu and anr. Vs. Gopi Sahu and ors. and on His Death Mooni K ...
Court: Kolkata
Decided on: Apr-14-1909
Reported in: 1Ind.Cas.945
1. The subject-matter of the litigation which has resulted, in this appeal, is a house which admittedly belonged to one Amrita Lal a Hindu governed by the Mitakshara Law. He died on the 1st October, 1886, and left a widow Musammat Janki Koer, and an unmarried daughter, Musammat Gango The daughter was given in marriage to the third defendant, Ajodhya Prosad in May 1889. Her gowna ceremony took place more than two years after her marriage, and on the 28th December 1891, within a few days of the performance of that ceremony, her mother executed in her favour an absolute deed of gift in respect of the disputed house. Musammat Gango continued to be in possession of the house as her Stridhan property, and died in October 1894. On the 5th January 1899 her husband, as her legal heir transferred the house to the first two defendants. Musammat Janki Koer, the widow of the original owner, died on the 24th March 1905, and on the 23rd July 1905, the first plaintiff, who is distantly related to the ...
Golab Koer Vs. Badshah Bahadur
Court: Kolkata
Decided on: Apr-14-1909
Reported in: 2Ind.Cas.129
1. This is an appeal on behalf of the plaintiff in an action for recovery of possession of an estate of considerable value left by her husband, Roy Sultan Bahadur, who died on the 11th April 1892. The circumstances under which the litigation has been commenced have not been investigated by the Court below, but in so far as they are cited in the plaint, they may be thus briefly narrated. Shortly after the death of her husband the plaintiff took out Letters of Ad-ministration with a copy annexed of the deceased's will, which had been executed on the 23rd March, 1892. The will authorized her to adopt three sons in succession, and on the 4th December 1893, she adopted one Elkhart Abrader, who died on the 30th December 1894. The plaintiff thereupon continued to be in possession of the estate of which she had been divested by the adoption and which, subsequently, reverted in her as the mother of her first adopted son. 'On the 5th March 1897, she took the present defendant Bad shah Abrader as...
Macgregor Vs. the Cawnpur Sugar Works Ltd.
Court: Kolkata
Decided on: Apr-14-1909
Reported in: 5Ind.Cas.181
1. This appeal is directed against an order of the Court below made under Section 483 of the Code of Civil Procedure, for attachment of the property of the defendant before judgment in the suit.2. In a case of this description, the plaintiff is to satisfy the Court that the defendant, with intention to obstruct or delay the execution of any decree that maybe passed against him, is about to dispose of the whole or any part of his property. The materials on the record show that the defendant has been in a more or less embarrassed position, that during November 1907, he sold away two parcels of land ostensibly with the object of paying outstanding rent decrees, and that he has further transferred his interest in a zurpeshgi lease for over Rs. 2,000. It is also shown that shortly before the time when these transactions took place notice had been given by the plaintiff of his claim to enforce the contract of 1906. From these circumstances, the Subordinate Judge drew the inference that the d...
Kusum Kumari Dassi Vs. Satishendra Nath Bose and ors.
Court: Kolkata
Decided on: Apr-07-1909
Reported in: 3Ind.Cas.787
Doss, J.1. This appeal is from the judgment of the District Judge of Midnapore, dated the 11th April 1907, refusing probate of a Will.2. The alleged testator, Amarendra Nath. Basu, was a leading practitioner of the Munsif's Court at Midnapore He was apparently in a prosperous condition. By his own earning he had acquired considerable properties. In September 1899, he obtained from two out of his three surviving brothers an acknowledgment of his exclusive right to his self-acquired ' properties under a deed of release; and under a similar deed, dated the 23rd August 1902, he obtained an acknowledgment of his exclusive right to those properties from his third brother. He had also purchased some little properties which belonged to his father-in-law and the kinsmen of the latter and also the homestead in which they lived.3. He suffered from diabetes for some years. A short time before his death consumption supervened and he ultimately succumbed to it. He died on the 31st October 1906, Wedn...
Haro Prosad Das Vs. Ram NaraIn Chowdhury
Court: Kolkata
Decided on: Apr-07-1909
Reported in: 2Ind.Cas.89
1. This is an appeal on behalf of the defendant in an action for declaration that an ex parte decree for rent obtained against the plaintiff by the defendant on the 4th November 1905, was vitiated by fraud and also for a declaration, that the tenancy held by the plaintiff is not nagdi, but partly bhowli and partly nagdi. The Court of first instance dismissed the suit on the ground that there was no fraud as alleged by the plaintiff and that the holding in question had been converted into a nagdi holding by the consent of parties. Upon appeal to the Subordinate Judge, the plaintiff gave up the case of fraud which was the foundation of his suit. He contended, however, that the document produced in support of the allegation of commutation of rent required to be registered and that as it was not registered there was no binding contract between the parties for conversion of the rent from bhowli into nagdi. The Subordinate Judge accepted this contention and made a declaration that there had ...
BepIn Behary Das Vs. Hara Chandra Bairagi and ors.
Court: Kolkata
Decided on: Apr-07-1909
Reported in: 2Ind.Cas.11
Mookerjee, J.1. This is an appeal on behalf of the plaintiff in an action for rent in respect of the years 1309 to 1312. The plaintiff claimed rent at the rate of Rs. 58 in cash and 10 1/2 bishes of paddy in kind. The defendants Nos. 2, 3 and 4 alone contested the claim and they alleged that the amount of annual rent was Rs. 58 only and that no rent in kind was payable by them. The substantial question in controversy between the parties is as to the conclusive effect of a previous decision between them in a suit for rent in respect of the years 1304 to 1307. In order to explain how this question arises it is necessary to mention that according to both the parties the tenancy has been in existence during many years past and according to the plaintiff the terms of the tenancy were settled so far back as the 1st January 1856, by a kabuliat which has been marked -as Ex. (1). The case for the plaintiff is that this kabuliat was executed by the father of some of the defendants and grandfathe...
Golap Kumari Vs. Ganesh Chandra Mitra
Court: Kolkata
Decided on: Apr-06-1909
Reported in: (1909)ILR36Cal653
Harington A.C.J. and Mookherjee, JJ.1. We think that the deposit of Government Securities amounting to Rs. 4,000 comes within the express words of the rule requiring the deposit of Government Securities 'to the extent of Rs. 4,000.' The security must be accepted....
NaraIn Kamila Vs. Dina Bandhu Singh
Court: Kolkata
Decided on: Apr-06-1909
Reported in: 2Ind.Cas.96
Mookerjee, J.1. This is an appeal on behalf of the plaintiff in an action for recovery of possession of immovable property. The plaintiff claims by purchase from two persons, the heirs of one Guru Mahali who originally held the disputed lands. The defendant alleges that the vendors of the plaintiff had no title to the disputed lands, that at any rate they had no transferable interest and that he himself has acquired a valid title under a settlement from the landlord after the lands had been abandoned by the original tenant. One of the issues raised in the case was, whether the alleged vendors of the plaintiff had any transferable interest in the lands in suit. The Court of first instance found that the defendant was a trespasser and held that he was not entitled to raise the question of transferability. Upon the merits the Court found in favour of the plaintiff to the extent of a two-thirds share of the disputed lands and made a decree accordingly. Upon appeal the Subordinate Judge dec...
Bibi Golap Kumari Shaheba Vs. Gonesh Chandra Mitter and ors.
Court: Kolkata
Decided on: Apr-06-1909
Reported in: 2Ind.Cas.844
1. We think that the deposit of Government securities amounting to Rs. 4,000 comes within the express words of the rule requiring the deposit of Government Securities 'to the extent of Rs. 4,000.' The security must be accepted....
Gopal Chandra Bhattacharjee Vs. the Secretary of State for India
Court: Kolkata
Decided on: Apr-05-1909
Reported in: (1909)ILR36Cal647
Sharfuddin and Coxe, JJ.1. In this second appeal the plaintiff is the appellant, and he instituted the suit under the following circumstances:2. He is a contractor under the District Board of Chittagong, and for some work done by him for the District Board he was given a cheque for Rs. 1,091-12-9 by the Vice-Chairman on the 3rd April 1905. The District Board funds are kept in the Government Treasury at Chittagong. The plaintiff went to the Treasury for the money covered by the cheque. Defendant No. 2 was the head poddar in the Treasury and defendant No. 3 was a mohurer there. It appears that the cheque was passed by the Accountant on its presentation by the plaintiff and it was then presented by him to the Treasurer who, after obtaining the necessary orders of the Treasury Officer, made it over to defendant No. 3, who in his turn, took plaintiff's signature in a receipt-book and told him to apply a little later to defendant No. 2 for the money. The plaintiff says that a little after he...
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