Kolkata Court January 1910 Judgments
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Sukha Sindhu Sanyal Vs. Jogeswar Bhattacharjee
Court: Kolkata
Decided on: Jan-13-1910
Reported in: 5Ind.Cas.480
1. We are invited in this appeal to set aside an order of the Court of Appeal below by which execution has been allowed to proceed on the basis of a decree for costs.2. It appears that so far back as the 29th October 1895, one Shyama Charan Bhattacharji, now represented by the respondents obtained a decree for rent against the present appellant and another person. There were three infructuous applications for execution in 1896. The fourth application for execution was made in 1898. Objections, the precise nature of which is immaterial for our present purposes, were taken by the appellant, but they were overruled by the Court of first instance. There was an appeal to the District Judge which was equally unsuccessful. The matter was then brought on second appeal to this Court, which was dismissed on the 27th November 1899. The result was that the appellant was made liable to pay to the decree-holder the costs of the appeals. The fifth application for execution was made in 1899 when a sim...
Shah Tajammul Ali and anr. Vs. Mussod Ali and ors.
Court: Kolkata
Decided on: Jan-13-1910
Reported in: 5Ind.Cas.776
1. The parties to this litigation are the co-owners of Taluk Krishna Gopal Missir. One of them, the defendant No. 1, applied to the Collector, under the provisions of Bengal Act V of 1897, the Estates Partition Act, to have a partition effected of the taluk, and obtained an order from the Collector elated the 15th April 1905, declaring the estate to be under partition under Section 29 of the Act. This order was confirmed on appeal by the Divisional Commissioner. The objection raised before the Revenue Officers was that a private partition to the taluk had already been made, and the suit giving rise to this appeal is founded on the same objection. The plaintiffs seek to have a declaration that their lands shall riot be partitioned or, in the alternative, that they be allotted the lands of which they are in possession in accordance with the private partition which, they assert, has been in operation from time immemorial.2. The Subordinate Judge of Tipperah has decreed the suit in the fol...
In Re: Kali Prasanna Chowdhury and anr. Mukhters
Court: Kolkata
Decided on: Jan-13-1910
Reported in: 5Ind.Cas.727
1. This is a Reference under Section 14 of the Legal Practitioners Act in the matter of two mukhtears, Kali Prasanna Chowdhury and Kali Kumar Chowdhury practising in the Sub-divisional Court at Munshigunj. The learned District Judge of Dacca who has made the Reference at the instance of the District Magistrate, is himself of opinion that the Reference is not in order. He points out that the mukhtears in question have been convicted under Sections 144 and 150, Indian Penal Code, and that if on this ground any action has to be taken against them, proceedings must be initiated by the High Court under Section 12 of the Act. The District Magistrate, however, appears to have instituted these proceedings himself under Section 13, Clause (f), of the Legal Practitioners Act. The learned District Judge, on the other hand, points out that according to the judgment of Mr. Justice Hill in the case of Purna Chandra Pal 27 C. 1023, Section 14 of the Legal Practitioners Act does not apply to a case in...
Sheikh Sohali Vs. Emperor
Court: Kolkata
Decided on: Jan-13-1910
Reported in: 5Ind.Cas.773
1. The appellant in this case, one Sheikh Sohali, has been convicted of the offence of abetment of murder under Section 802 read with Section 114, Indian Penal Code. The first objection that is urged in appeal is that, as the charge was under Section 302, he ought not to have been convicted under the sections named. There is no question that his conviction has taken place for abetting the murder, and on the facts of the case it is obvious that he ought originally to have been charged with the offence of abetment. We need not, however, consider this point because there is a more substantial one which goes to the merits of the case.2. The deceased man was one Abdul Majid, and the circumstances of the murder are such that there is no direct evidence at all of how he came by his death. He was killed obviously in a cowshed a little more than 100 yards of the place where his body was found, and there is no one who says that he saw or heard anything which can be directly connected with the oc...
Pradyaote Kumar Tagore Vs. Gopi Krishna Mandal
Court: Kolkata
Decided on: Jan-11-1910
Reported in: (1910)ILR37Cal322
Mookerjee and Teunon, JJ.1. The substantial question of law which arises in these Rules is one of some novelty and nicety, and relates to the right of the purchaser of a putni taluk at a sale held under Regulation VIII of 1819 to hold the property free from a customary right or right recognised by usage, which has grown up during the subsistence of the putni, and under which occupancy raiyats are entitled to appropriate and convert to their own use such trees as they have the right to cut down. Upon the facts found by the Court below, the tenants defendants have cut down and appropriated several palm trees which stood on their holdings. They resisted the claim of the landlord petitioner for damages, on the ground that they had a customary right not only to cut down, but also to appropriate trees. This they have established by evidence ; but it is contended on behalf of the landlord that as this custom came into existence and gradually developed after the creation of the putni and durin...
Rajani Khemtawali Vs. Pramatha Nath Chowdhry
Court: Kolkata
Decided on: Jan-11-1910
Reported in: (1910)ILR37Cal287
Stephen and Carnduff, JJ.1. This case arises under the Eastern Bengal and Assam Disorderly Houses Act, 1907, and raises a question of some importance as to its proper construction. The facts relevant to the point before us are as follows. A complaint was made to the District Magistrate of Rungpur by four householders, under Section 5(c) of the Act, that certain houses were used by the petitioners before us for the purpose of habitual prostitution and to the annoyance of the inhabitants of the vicinity, as mentioned in Section 2(6). The case was thereupon made over to a Deputy Magistrate, and notices were issued to all the petitioners under Section 2, and, it is said, under Clause (5) of that section. On the petitioners appearing before him, the Deputy Magistrate proceeded to hear witnesses on oath on both sides, proceeding as though he were trying persons accused of an offence, and then himself visited the houses of the petitioners and other persons concerned. Acting on the information...
Dijendra NaraIn Roy Vs. Purnendu NaraIn Roy and ors.
Court: Kolkata
Decided on: Jan-11-1910
Reported in: 5Ind.Cas.171
1. The substantial question of law which has been argued in this appeal, relates to the right of one co-tenant of joint property to maintain an action for ejectment against his co-sharers. The events which have given rise to the litigation between the present parties are not disputed. The plaintiff and the principal defendants are stepbrothers. Their father died on the 22nd August 1891. They separated in August 1895 and by deeds executed on the 4th May 1896 and 28th August 1896 a partition was effected of a considerable portion of their joint estate. Two houses, however, known as the Chandimandap and the Jagdhatribati were left joint. The plaintiff, from the date of the partition, along with his brother, the pro forma defendant, has performed the pooja ceremonies in the latter building. The principal defendants performed their worship in the former building. In 1897 the building of the Chandimandap was practically destroyed as the result of a severe earthquake. The defendants thereupon...
Maharajah Bahadur Sir Prodyote Kumar Tagore, Kt. Vs. Rakhal Chandra Sa ...
Court: Kolkata
Decided on: Jan-11-1910
Reported in: 5Ind.Cas.243
1. The substantial question of law which arises in these Rules is one of some novelty and nicety, and relates to the right of the purchaser of a patni taluk at a sale held under Regulation VIII of 1819 to hold the property free from a customary right or right recognised by usage which, has grown up daring the subsistence of the patni and under which occupancy raiyats are entitled to appropriate and convert to their own use such trees as they have the right to cut down. Upon the facts found by the Court below, the tenants defendants have cut down and appropriated several palm trees which stood on their holdings. They resisted the claim of the landlord petitioner for damages on the ground that they had a customary right not only to cut down but also to appropriate the trees. This they have established by evidence, but it is contended on behalf of the landlord that as this custom came in to existence and gradually developed after the creation of the patni and during its continuance, and a...
Gour Mohan Ghose and ors. Vs. Chandi Charan Ghose and ors.
Court: Kolkata
Decided on: Jan-11-1910
Reported in: 5Ind.Cas.158
Chatterjee, J.1. This was a suit for recovery of rent of six annas share in a tank. The defendants pleaded that they were co-owners of the plaintiffs in respect of four annas, the remaining two annas being the share to which the plaintiffs were entitled. They denied, therefore, that at least as regards this four annas share they were the tenants, but the co-sharers of the plaintiffs. As regards the other two annas, their plea was that the lease was a mere paper transaction and that in that view of the case they were not the tenants of the plaintiffs. There was an application in the first Court to treat this suit as a title suit. The Munsif declined to do so. Upon the pleas, however, he had to frame an issue as to whether the relationship of landlord and tenant existed between the parties. In a rent suit that is one of the most essential issues and must be tried. It, was so treated and the Munsif found that the relationship was made out.2. There was an appeal to the Subordinate Judge, b...
Digambar Das Vs. Harendra NaraIn Pandey
Court: Kolkata
Decided on: Jan-11-1910
Reported in: 5Ind.Cas.165
1. The substantial question of law which calls for decision in this appeal relates to the precise limits of the right of subrogation of one of several joint mortgagors who has discharged the entire mortgage-debt. The events which have given rise to the controversy between the contesting claimants are matters of record and do not admit of any doubt or dispute. On the 18th July 1898, the respondent along with 4 other persons borrowed Rs. 6,500 from the appellant Digambar Das and another person by name Ram Ratan Tewari and executed usufructuary mortgage in their favour. Under the mortgage instrument, the principal amount was to carry interest at the rate of 24 per cent, per annum, but the mortgagees were to be placed in possession and were to receive the profits in lieu of the interest. No particular time was fixed for the repayment of the loan, but option was reserved to the mortgagors to pay or deposit in Court the entire principal in the month of Ashar in any year. On the 12th July 190...
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