Kolkata Court July 1910 Judgments
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Hari Lal Sinha Vs. Bengal Nagpur Railway Co.
Court: Kolkata
Decided on: Jul-27-1910
Reported in: 9Ind.Cas.331
ORDER1. On the materials before us it is quite impossible to dispose of the case. In the first place it must be shown that this particular Railway Company has made rules and that those rules have received the sanction of the Governor-General in Council and have been published in the Gazette of India. There is nothing on the record to show that that has been done. We have been referred to a general set of rules of the 3rd July 1902. But there is nothing there which shows that those were the rules made by this Railway Company, and until this matter is made clear, it is impossible for us on a reference under Section 69 to deal with the case.2. [The case was sent back to the Small Cause Court, and the Chief Judge and the fourth Judge after taking additional evidence submitted this report to the High Court]The High Court Bench before which this reference came has referred the matter back to this Court for a finding on the point whether this particular Railway Company has made rules and whet...
Grey Vs. Charusila Dasi
Court: Kolkata
Decided on: Jul-26-1910
Reported in: (1911)ILR38Cal53
Lawrence H. Jenkins, C.J.1. Appeal No. 39 of 1910 relates to the estate of one Akshoy Kumar Ghose who died on the 23rd of November, 1909, having made a will of the 11th of May, 1909. The genuineness of this will has not been called in question, and the whole of this litigation is concerned with the question whether or not the Official Trustee is entitled to probate and whether the widow of the testator, who in the circumstances is his nearest heir, is entitled to letters of administration with the will annexed. Mr. Justice Fletcher has decided that the Official Trustee is not entitled to probate, and he has granted letters of administration to the widow: and it is from his decision that this appeal is preferred.2. I am clear that the Official Trustee has no right to probate. To begin with, I read the letters contained in the affidavit and the action of the Official Trustee as a clear renunciation on his part. To read the letters otherwise and to give a different interpretation to his c...
Anglo-India Jute Mills Co. Vs. Omademull
Court: Kolkata
Decided on: Jul-26-1910
Reported in: (1911)ILR38Cal127
Lawrence H. Jenkins, C.J.1. This appeal arises out of a suit brought by the firm of Chandermull Serahmull and one Luchminarain Kanoria against the anglo-India Jute Mill company, Ltd., for delivery of 1,00,000 yards of Hessian cloth and damages, or the value of the foods with damages, or for Rs. 7,750 as damages for the conversion of the goods.2. A decree has been passed in the plaintiff' favour by fletcher, J. and from this the defendant company have appealed.3. The facts are these on the 1st March 1909 the defendant company sold 3,00,000 yards of Hessian cloth and in the sold note sent to them by brokers Messrs. Janki Dass & Co., the sale was expressed to be to the brokers' principals. Under the incorporated conditions payments were to be made in cash in exchange for delivery orders or on certain other specified terms which have no application in this case (paragraph 3) and delivery of the goods was to be given and taken on the terms 'Ready payment against Pucca Delivery order.' Three...
C.E. Grey-official Trustee Vs. Charusila Dasi
Court: Kolkata
Decided on: Jul-26-1910
Reported in: 7Ind.Cas.247
Lawrence Jenkins, C.J.1. Appeals Nos. 39 and 40 of 910 relate to the estate of one Aukhoy Kumar Ghose, who died on the 23rd of November 1909 having made a Will on the 11th of May 1909. The genuineness of this Will has not been called in question, and the whole of this litigation, and I think I may justly describe it as unfortunate and inopportune litigation, is concerned with the question whether or not the Official Trustee is entitled to probate and whether the widow of the testator, who in the circumstances is his nearest heir, is entitled to Letters of Administration with the Will annexed. Mr. Justice Fletcher has decided that the Official Trustee is not entitled to probate, and he has granted Letters of Administration to the widow: and, it is from his decision that these two appeals are preferred.2. One cannot help being struck with what at the first blush at any rate would appear to be the obstacles repeatedly placed in the way of the widow's establishing her position but in the v...
Radha Kanta Basak and anr. Vs. Akhoy Chunder Dey and ors.
Court: Kolkata
Decided on: Jul-25-1910
Reported in: 7Ind.Cas.165
Sharf-ud-din, J.1. These two appeals came on for hearing on the 21st July 1910, before Mr. Justice Carnduff who recorded the following order: 'The hearing of these analogous appeals was just begun before me, and I have been unable to continue it. They may be retained on the list undisposed of.'2. In these two appeals, the plaintiffs are the appellants. The suits were brought for recovery of two pieces of land situated side by side, from the defendants in each suit and for declaration of the plaintiffs' title. They alleged that they were in possession of the entire plot mentioned in the plaint of which the disputed lands form parts, that the disputed lands appertained to Taluk Gaur Hari Basak, that they were patit lands before, that the defendants have taken possession of them and that they have refused to give up possession or to take settlement from them.3. The defendants, on the other hand, contended that the disputed lands never appertained to Taluk Gaur Hari Basak but that they app...
Bhola Nath Jana and anr. Vs. Hara Mohan Jana and ors.
Court: Kolkata
Decided on: Jul-25-1910
Reported in: 7Ind.Cas.251
1. The appellants, Bhola Nath Jana and Abhoy Jana, who were defendants Nos. 1 and 2 in the original Court, mortgaged certain properties in the year 1895 to Kokil Das and another, defendants Nos. 3 and 4. In 1901, they next, without disclosing the existence of a prior mortgage, executed an usufructuary mortgage in favour of the plaintiff-respondent, Hara Mohan Jana, and put the latter into possession. The first mortgagees then sued the mortgagors, on their mortgage, obtained a decree, and in execution thereof succeeded in ousting the usufructuary mortgagee, who thereupon brought the suit in the Court of the Munsif of Tamluk out of which this appeal has arisen, against the mortgagors and the first mortgagees. In that case the plaintiff came to an understanding with the first mortgagees, defendants Nos. 3 and 4 and in pursuance thereof, asked for and obtained against the mortgagors, defendants Nos. 1 and 2, a money-decree, which has been confirmed on appeal by the District Judge.2. The mo...
Doyal Chandra Das Vs. Chunilal Addy and ors.
Court: Kolkata
Decided on: Jul-25-1910
Reported in: 7Ind.Cas.815
1. There is no controversy between the parties as to the circumstances antecedent to the litigation, which has culminated in the present appeal. Monohar Sen and Kala Chand Sen were the owners of a parcel of land in the suburbs of this city. On the 13th November, 1887, they transferred one cotta out of this parcel to the plaintiffs. The conveyance recited that the land was purchased for building purposes. It further contained mutual covenants to the effect that, when the purchaser would erect a building thereon, it would not be competent for him to keep any windows on the north side on which the vendor had his land ; and that the vendor would not interfere, in any way, with windows, corridors and doors, which might be kept on the eastern side of the building,-- on which side also, the vendor had his land,-- provided the Windows were kept at a height of five feet from the floor so as not to interfere with the privacy of the houses of the tenants towards the east., The position, in substa...
Purna Chandra Sarbajna and ors. Vs. Rasik Chandra Chakrabarti and ors.
Court: Kolkata
Decided on: Jul-23-1910
Reported in: 9Ind.Cas.568
1. This is an appeal on behalf of the defendants in an action for rent. The plaintiffs claim rent in respect of the years 1310, 1311, 1312 and three quarters of the year 1313. The answer of the defendants to the claim is that by reason of their eviction by their landlords from a substantial portion of the lands of their tenancy, there has been a suspension of the entire rent and consequently the suit ought to be dismissed. The Subordinate Judge in the Court below has overruled this objection on the ground that although the tenants-appellants had been originally evicted from a substantial part of the lands of their tenancy, yet the plaintiffs have subsequently taken effective steps to restore them to possession of all the lands comprised in their lease. In this view, he has made a decree in favour of the plaintiffs.2. The defendants have now appealed to this Court, and on their behalf it has been contended that the steps taken by the plaintiffs to restore them to possession of the lands...
Sagar Chandra Mandal Vs. Digambar Mandal
Court: Kolkata
Decided on: Jul-22-1910
Reported in: (1911)ILR38Cal125
Mookerjee and Sharfuddin, JJ.1. This is an application by the appellant in appeal from Original Decree No. 514 of 1907. This appeal was allowed on the 20th August, 1909, by this Court, and we directed that the appellant should recover from the respondent his costs both here and in the Court below. The decree drawn up by this Court showed the costs incurred by the appellant in this Court; and it further declared that the defendant-respondent was to pay to the plaintiff-appellant the costs incurred by him in the lower Court with interest thereon at the rate of six per cent, per annum from the date of the decree of the lower Court until realization. The plaintiff found that no decree had been drawn up by the Court below in which the costs incurred by him were entered. He, thereupon, made an application to the learned District Judge and prayed that a decree might be drawn and the amount of costs incurred by him entered therein. The learned District Judge refused that application and record...
Manmatha Nath Chowdhury Vs. NabIn Chandra Sanyal
Court: Kolkata
Decided on: Jul-22-1910
Reported in: 7Ind.Cas.214
1. The appellant in this case was sued on a handnote executed by him in favour of the respondent for the sum of Rs. 380 'with interest at 2 1/2 percent', the stipulation as to interest stopping short at the rate, and there being nothing expressly stated in the document as to whether the interest should be calculated annually or monthly or otherwise. In the Court below evidence was admitted to show that the words used meant that the interest should be calculated monthly.2. The contention before us on appeal is shortly this, that, as the ambiguity regarding interest in the document is a patent ambiguity, the evidence referred to above ought hot, under Section 93 of the Indian Evidence Act of 1872, to have been admitted at all.3. In Mahomed Shamsooddeen v. Munshi Abdool Hug (1864) W.R. 379 it was held by this Court that, where a note of hand promised re-payment of a loan with interest at 5 per cent, without stating either per mensem or per annum, the construction that interest must be cal...
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