Kolkata Court August 1910 Judgments
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Secretary of State for India Vs. Kalika Prosad Mookerjee and ors.
Court: Kolkata
Decided on: Aug-05-1910
Reported in: 14Ind.Cas.609
1. The subject-matter of the litigations, which have culminated in these appeals, is an extensive tract of alluvial land which has been formed by the action of the river Ganges (variously described in these proceedings as Padma or Bhubaneswar), and covers an area of about twenty thousand bighas. The plaintiffs in the four suits commenced below claimed title to different shares in this tract of land, partly in zemindari right and partly as patnidars, dar-ijaradars and se-ijaradars. The four sets of claimants are known as the Saha Chowdhuries of Kanchanpur, the Acharaya Chowdhuries of Muktagacha, and the Mukerjees of Ula, who are themselves divided into two branches. It is not necessary, for our present purposes, to set out in detail the shares claimed by these persons respectively. It is sufficient to state that the plaintiffs, taken together as a body, claim to be entitled to the whole property. Their allegation is that parganas 'Patpashar and others ' constitute estate No. 115 on the ...
Tara Prosad Mandal Vs. Kristo Prosad Panda
Court: Kolkata
Decided on: Aug-04-1910
Reported in: 7Ind.Cas.473
Woodroffe, J.1. The judgment of the Munsif in this case has been reversed by the District Judge, on the ground that the plaintiff was not, by reason of the doctrine of lis pendens, entitled to redeem the defendant No. 4. That doctrine, however, does not, in my opinion, operate with that effect, because, although it is a fact that the plaintiff's mortgage was subsequent to, and taken during the pendency of, the mortgage suit instituted by the defendant No. 4, the monies lent on the plaintiff's mortgage went towards the payment of the prior mortgages, which though subsequent to the mortgages of the defendant No. 4, were prior to the mortgage suit of the defendant No. 4. There was, therefore, no new transaction nor dealing with the property during the pendency of the suit. All that happened was that the plaintiff took over mortgages which had come into existence prior to the mortgage suit of the defendant No. 4 and thereby became subrogated to the rights of those mortgagees. Those mortgag...
Kali Kamal Maitra Vs. Fazlur Rahman Khan Chowdhry
Court: Kolkata
Decided on: Aug-03-1910
Reported in: 7Ind.Cas.778
1. This is an appeal on behalf of the plaintiffs in a suit for recovery of mesne profits, The plaintiffs valued their claim at Rs. 300 for the purposes of ascertainment of the jurisdiction of the Court and the amount of Court-fees payable; they also stated that if the amount of mesne profits was found to be greater than Rs. 300, they might be awarded a decree for the excess amount upon payment of additional Court-fees. The Court of first instance made a decree for Rs. 223 in favour of the plaintiffs. Upon appeal this decree has been affirmed by the Subordinate Judge. The plaintiffs have now appealed to this Court.2. On behalf of the respondents a preliminary objection has been taken to the hearing of the appeal on the ground that it is incompetent under the provisions of Section 586 of the Civil Procedure Code of 1882. That section provides that no second appeal shall lie in any suit of the nature cognizable in a Court of Small Causes when the amount or value of the subject-matter of t...
Harendra Pal and anr. Vs. Emperor
Court: Kolkata
Decided on: Aug-03-1910
Reported in: 7Ind.Cas.915
1. The two appellants before us were tried by jury before the Court of Sessions of Murshidabad and have been Convicted of the murder of one Debendra Mandal.2. On behalf of the appellants it is contended I hat the trial has been vitiated by misreception of evidence and by misdirection in the learned Sessions Judge's summing up to the jury.3. That there has been serious misrecoption of evidence cannot be questioned, and for the purposes of this judgment it will be sufficient to indicate some of the more prominent instances.4. It appears that the occurrence in question took place so long ago as the 23th of July 1909, that in the first instance the appellants and their co-accused were discharged, and that after an order in revision made by the Sessions Judge before whom at a later stage this trial was held, further inquiry was made and the commitment of the accused directed in his order in revision the learned Sessions Judge thought it necessary to make certain observations on the proceedi...
Radha Prasad Mallick Vs. Ranimoni Dasi
Court: Kolkata
Decided on: Aug-01-1910
Reported in: (1911)ILR38Cal188
Lawrence H. Jenkins, C.J.1. This appeal arises out of an application made under the liberty to apply contained, in the decree passed in this suit, and it involves the question - whether in the events that have happened the applicant, the appellant before us, has a present interest under the will dated the 30th. October 1870 of Hurry Dass Dutt, who died on the same day. In that will there is a clause in these terms:But in case none of such adopted sons survive my said wife or in case of either surviving by said wife and dying under the said age without leaving a son or sons I desire and direct my executors after the death of my said wife or the death of such son after her but under such age of eighteen years without leaving a son or sons to make over and divide the whole of my estate both real and personal unto and between my daughters in equal shares in whom and their respective sons I give devise and bequeath the same but should either of my said daughters die without leaving any male...
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