Kolkata Court July 1909 Judgments
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Singer Manufacturing Co. Vs. Raja Prosad
Court: Kolkata
Decided on: Jul-09-1909
Reported in: 4Ind.Cas.418
1. This is a Rule on the opposite party to show cause why the order of the Small Cause Court Judge, dated the 19th January, 1909, should not be modified.2. The facts are that the plaintiffs, who are agents on behalf of the Singer Manufacturing Company, let out under a written agreement a sewing machine to the defendant. The agreement provided, inter alia, that the defendant should pay for the hire of the machine a sum of Rs. 5 every month in advance. At the time of the delivery of the machine, a sum of Rs. 20 was paid by the defendant to the plaintiffs and the agreement stated in the preamble that no credit was to be given for this sum on account of rent unless and until a purchase was effected in accordance with other provisions. In Clause (e) of the agreement there is the following further condition: 'When the hiring is terminated and or the machine and accessories are returned to the owner, the hirer shall not, on any ground whatever, be entitled to any allowance, credit, return or ...
Babua Das Vs. Abdul Majid Chowdhury Khan Bahadur and ors.
Court: Kolkata
Decided on: Jul-09-1909
Reported in: 2Ind.Cas.992
Chitty, J.1. These eight appeals arise out of as, many suits brought by the landlord for ejectment? against the several principal defendants, the allegation being that the pro forma defendants in each case have transferred their holding improperly to the principal defendants. The learned Subordinate Judge has, in one case, found that there has Keen a recognition of the defendant's right and that suit has been dismissed and it is not before this Court. As regards the other eight cases, in three, decrees have been passed for khas possession against the principal defendants only with costs, it having been found that the pro forma defendants are in a sense in possession of the lands apparently under an alleged settlement from the principal defendants after the transfer. In the other five cases, the plaintiff's suits for khas possession have been decreed with costs. These appeals have been preferred to this Court by the principal defendants.2. The first point that has been raised is that th...
Sheikh Abdul Vs. Chabil Jan Bibi and ors.
Court: Kolkata
Decided on: Jul-09-1909
Reported in: 2Ind.Cas.993
Vincent, J.1. The plaintiff in the case, out of which this appeal arises, sought to eject the defendants from certain land on the allegation that, as the defendants were service tenure-holders, they were liable to ejectment at the will of their landlord. The defendants alleged that the land was part of an occupancy jote. In the Court of first instance, the plaintiff obtained a decree. On appeal this decree was reversed on the ground that no notice to quit had been served on the defendants, and the learned Sub-Judge did not, in these circumstances, think it necessary to go into the question of title to these lands. The plaintiff has, therefore, filed this second appeal, and the only question argued before me is that of notice. The land in dispute is apparently homestead land, and according to the plaintiff a service tenure. The provisions of the Bengal Tenancy Act have, therefore, no application in the case, and it appears that the rights of the parties will be governed by the Transfer ...
Nirad Mohini Dassi Vs. Shibadas Pal Dewasin
Court: Kolkata
Decided on: Jul-08-1909
Reported in: (1909)ILR36Cal975
Stephen and Vincent, JJ.1. The plaintiff, respondent in this appeal, sued for certain shares in the pala of a Thakur's sheba, and in the property appertaining thereto. His claim is based on an arpannamah executed in his favour by three of the defendants Nos. 5, 6 and 7. He is at present an eight-anna owner of the property in dispute, has a reversionary interest in th of the remainder, and is the maternal uncle of defendants Nos. 5 to 7. It is asserted in the plaint, and appears to be the case, that the plaintiff owing to his place of residence and other advantages could perform the sheba of the Thakur much better than defendants 5 to 7, and that this was a reason for the arpannamah. Under these circumstances relying on the decision in Mancharam v. Pranshanhar (1882) I.L.R. 6 Bom. 298, the lower Appellate Court has held that the office of shebait was alienable by defendants 5 to 7 and that the plaintiff acquired a good title under the arpannamah. This decision was, in our opinion, corre...
Nirodbarani Dassi Vs. Shiba Das Pal Dewasin
Court: Kolkata
Decided on: Jul-08-1909
Reported in: 3Ind.Cas.76
1. The plaintiff respondent in this appeal sued for certain shares in the pala of a thakur's Skeba, and in the property appertaining there to. His claim is based on an arpannamah executed in his favour by three of the defendants Nos. 5, 6 and 7. He is at present an 8 annas owner of the property in dispute, has a reversionary interest in 5/6 of the remainder: and is the maternal uncle of defendants Nos. 5-7. It is asserted in the plaint and appears to be the case that the plaintiff owing to his place of residence and other advantages could perform the sheba of the thakur much better than defendants Nos, 5 to 7, and that this was a reason for the arpannamah. Under these circumstances relying on the decision in Mancharam v. Pranshankar 6 B. 298 the lower appellate Court has held that the office of shebait was alienable by defendants Nos. 5-7 and that the plaintiff acquired a good title under the arpannamah. This decision was, in our opinion, correct. It is true that the decision in Mancha...
Mohunt Ram Sundar Dass Vs. Barham Deo NaraIn Thakur and ors.
Court: Kolkata
Decided on: Jul-08-1909
Reported in: 2Ind.Cas.986
1. The suit out of which this appeal arises was brought as follows. The plaintiff and defendants Nos. 3 and 4 namely Nathni Singh and Tirput Narayan, belong to the same family, the father of the first named, Brijbehari or Brijnunden being first cousin to the other two. On the 27th November 1900 these two defendants executed mortgages in favour of defendant No. 1, of a l-9th share of Touzi No. 8331 and l-12th share of Touzi No. 8327. Defendant No. 1 sued on the mortgage and after obtaining a decree on 22nd December 1905 proceeded to bring the mortgaged properties to sale, when the plaintiff brought the present suit to have it declared that the mortgaged property was joint property and that the mortgage deeds were inoperative. The lower Court found that the plaintiffs and defendants Nos. 3 and 4 were joint at the time of the mortgages and that Touzi No. 8331 was ancestral and joint, and No. 8327 was not ancestral but was joint. He accordingly held that the mortgages were not legal, and t...
Girwardhari Lal Vs. Emperor
Court: Kolkata
Decided on: Jul-07-1909
Reported in: 4Ind.Cas.13
1. The petitioner in this case was a Sub-Registrar in the District of Purnea. He was charged with three offences punishale under Section 161Of the Indian Penal Code and sentenced to (18) eighteen months' rigorous imprisonment and a fine of Rs. 600. 2. His appeal to the Sessions Judge was dismissed. He then obtained a rule from this Court on the District Magistrate to show cause why his conviction and sentence should not be pet aside on the grounds stated in the petition.3. Special reference was made in the rule to the questions of misjoinder of charges, the propriety and sufficiency of the sanction, and the procedure adopted by the District Registrar in enquiring into the matter. 4. The first point taken on behalf of the petitioner is that the trial is bad for misjoinder. The third count of the charge against him is that he attempted to obtain Rs. 2 from one Saodajob Singh and others as a motive for registering 7 kobalas executed in their favour by Saidur Rahaman. 5. It appears that Sa...
ishan Chundra Dutt Vs. Kunja Mohan Deb
Court: Kolkata
Decided on: Jul-07-1909
Reported in: 2Ind.Cas.852
1. This was a suit for recovery of possession of certain land on declaration of plaintiff's title thereto, The plaintiff claimed as purchaser from defendant No. 2 under a kobala of 19th Magh 1311. The defendant No. 1 resisted the suit claiming as purchaser from one Nobin Chandra Shome, who in his turn had purchased from Maheswari Debi. The only question argued before us was whether the alienation by Maheswari Debi was made for legal necessity, so as to bind the reversioner through whom plaintiff claimed. Both the Courts below concurred in finding that legal necessity was not proved, and decreed the plaintiff's claim. The legal necessity alleged was the raising of funds to enable Maheswari to make a pilgrimage to Gaya to perform her father's sradh The kobala executed by her recited it to be her intention to perform the Gaya sradh. The Courts below have found that she had no such immediate intention; that she raised the money to carry on a money lending business; and that she did not go ...
Lajpat Rai Vs. The Englishman, Ltd.
Court: Kolkata
Decided on: Jul-06-1909
Reported in: (1909)ILR36Cal883
Fletcher, J.1. This is a suit by the plaintiff to recover against the defendants (who are the proprietors, the editors and the printer and publisher of a daily newspaper called 'the Englishman,' published in Calcutta) damages for an alleged libel on the plaintiff published in 'the Englishman' on the 10th of September 1907.2. The plaintiff is a pleader practising in the Chief Court of the Punjab, at Lahore, where he appears to enjoy a considerable professional reputation. The plaintiff has also identified himself with various religious and charitable movements. In politics also the plaintiff has taken an active part, and for some years he was one of the foremost members of the Indian National Congress.3. The plaintiff's position in the Punjab may be, from the evidence, described as that of a man of considerable importance and influence.4. In the next place, it will be convenient to give a brief account as appearing from the evidence of the material facts preceding the publication of the...
Lala Lajpat Rai Vs. the englishman Ltd. and ors.
Court: Kolkata
Decided on: Jul-06-1909
Reported in: 3Ind.Cas.224
Fletcher, J.1. This is a suit by. the plaintiff to recover against the defendants (who are the proprietors, the editors and the printer and publisher of a daily newspaper called the Englishman, published in Calcutta) damages for an alleged libel on the plaintiff published in the Englishman on the 10th September 1907.2. The plaintiff is a pleader practising in the Chief Court of the Punjab at Lahore, where he appears to enjoy a considerable professional reputation. The plaintiff has also identified himself with various religious and charitable movements. In politics also the plaintiff has taken an active part, and for some years he has been one of the foremost members of the Indian National Congress.3. The plaintiff's position in the Punjab may be from the evidence described as that of a man of considerable importance and influence.4. In the next place, it will be convenient to give a brief account as appearing from the evidence of the material facts preceding the publication of the all...
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