Kolkata Court November 1913 Judgments
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Bhupendra Krishna Ghose Vs. Amarendra Nath Dey
Court: Kolkata
Decided on: Nov-28-1913
Reported in: (1914)ILR41Cal642
Jenkins, C.J.1. The determination of this suit turns on the validity of a bequest contained in the will of Heramba Nath Ghose in favour of the defendants.2. The original plaintiff was Kissorey Money Dasee, the testator's mother; on her death the suit was continued by Troylackya Nath Ghose, the next reversioner, and, when he died, by his executor, the present; appellant. It is not disputed that if the bequest in favour of the defendants fails, the petitioner is entitled to the estate.3. The will, after appointing the testator's wife, Paritoshini Dasee, sole executrix and authorising her to adopt, proceeds as follows: 'If my said wife dies without adopting a son, or if such adopted son predeceases her without leaving any male issue, in such case my estate after the death of my said wife shall pass to the sons of my sister Sreematee Benodini Dasee who may be living at the time of my death'. There then follow provisions for the maintenance and residence of his widow and for certain annuiti...
Bhupendra Kumar Ghosh Vs. Amarendra Nath Dey and anr.
Court: Kolkata
Decided on: Nov-28-1913
Reported in: AIR1914Cal782(2),24Ind.Cas.458
Lawrence Jenkins, C.J.1. The determination of this suit turns on the validity of a bequest contained in the Will of Herambo Nath Ghosh in favour of the defendants.2. The original petitioner was Kishori Mohini Dasi, the testator's mother : on her death the suit was continued by Troylukho Nath Ghose, the next reversioner, and when ho died, by his executor, the present appellant.3. It is not disputed that if the bequest in favour of the defendants fails, the petitioner is entitled to the estate.4. The Will, after appointing the testator's wife, Poritoshini Dasi, sole executrix and authorising her to adopt, proceeds as follows : 'If my said wife dies without adopting a son, or if such adopted son pre-deceases her without leaving any male issue, in such case my estate after the death of my said wife shall pass to the sons of my sister Srimuti Bincdini Dasi who may be living at the time of my death'. There then follow provisions for the maintenance and residence of his widow and for certain ...
Araz Sarkar and ors. Vs. Emperor on the Prosecution of Abdul Sarkar
Court: Kolkata
Decided on: Nov-26-1913
Reported in: 24Ind.Cas.561
1. The petitioners were convicted by the Deputy Magistrate of Tangail for an offence under Section 147, Indian Penal Code, and sentenced to 18 months' rigorous imprisonment each and bound down under Section 106, Criminal Procedure Code, for a period of two years to keep the peace. On appeal the learned Sessions Judge upheld the convictions and sentences. Against their convictions and sentences the petitioners moved this Court and obtained this Rule on the District Magistrate to show cause why the sentences passed on the petitioners should not be revised.2. The occurrence in this case took place on a chur, called Bahuli's Chur, in the river Brahmaputra, locally called Jamna. The petitioners are the men of the zemindar who claims title to and possession over the land comprises in the chur. The party of the complainant stand on the side of the taluqdars who also claim possession over the land. On account of the dispute between the parties an order under Section 144, Criminal Procedure Cod...
Bansi Singh Vs. Kishun Lall Thakur
Court: Kolkata
Decided on: Nov-25-1913
Reported in: (1914)ILR41Cal632
Coxe J. 1. This is an application against an order allowing a suit to be withdrawn with liberty to bring a fresh suit. It must be conceded that the order against which complaint is made is hardly defensible. The suit was fought out to the bitter end, arguments of both sides had been heard, and a few days previously the plaintiffs had been given an opportunity of amending their plaint. In their petition for leave to withdraw the suit they said that many legal defects in the preparation of the plaint had occurred and certain documents had not been filed;. They did not, however, specify what defects there were and what documents had not been filed. The learned Subordinate Judge only mentioned one defect, which does not appear to me to be a formal defect, at all, and, moreover, he did not find that the suit-must fail by reason of it.2. Finally, the granting of the application was not made conditional on the payment of the defendant's costs. This omission, in my opinion, was a grave injusti...
Baijnath Prosad Singh Vs. Sham Sundar Kuar
Court: Kolkata
Decided on: Nov-25-1913
Reported in: AIR1914Cal523,(1914)ILR41Cal637
Coxe and D. Chatterjee, JJ.1. This application arises out of a probate case. Probate was granted and the petitioners were directed to pay the costs of the opposite part v.. Subsequently a decree was prepared and the pleader's fee of the opposite party was assessed at Rs. 777 according to the value of the property in respect of which, probate was given. This is said to be in accordance with the practice of the Muzaffarpore District Judge's Court; The petitioners then applied to have the decree amended, alleging that a fee of Rs. 80 only could be allowed under Rule 42(a), Chapter VI of the Rules and Orders. This application was refused by the District Judge and it has now come up to this Court in revision.2. It is contended by the learned pleader for the petitioners that, a proceeding under the Probate and Administration Act, 1881, is a miscellaneous proceeding and that Rule 2(a) which we have cited will apply. It is argued, however, on the other side that this proceeding is a regular su...
The Hon'ble Byomkesh Chakra-Butty Vs. Hemanta Kumar Biswas
Court: Kolkata
Decided on: Nov-25-1913
Reported in: 24Ind.Cas.83
1. We are invited in this Rule to set aside an order by which the Court of first instance has refused to entertain an application to set aside an execution sale under Rule 90 of Order XXI of the Code of Civil Procedure of 1908. The order was subsequently affirmed on appeal by the District Judge.2. It appears that one Jatindra Nath Roy held a decree for money against Hiranmoyee Dasi and Ors.. In execution of that decree the immoveable properties of the judgment-debtors were sold on the 19th April 1912 and purchased by the opposite party, Hemanta Kamar Biswas. Before the sale the petitioner, who also held a decree for money against the same judgment-debtors had, on the 13th March 1912, applied for execution of his decree. On the 20th May 1912, he applied to the Court to have the sale set aside under Rule 90 on the ground of fraud and material irregularity. This application was resisted by the auction-purchaser on the ground, amongst others, that as the application for execution made by t...
Emperor Vs. Swarnamoyee Biswas
Court: Kolkata
Decided on: Nov-24-1913
Reported in: (1914)ILR41Cal621
Imam and Chapman, JJ.1. This is a reference under Section 307 of the Criminal Procedure Code by the Sessions Judge of Burdwan who, not agreeing with a unanimous verdict of 'not guilty', of the Jury, has submitted the case to us for our consideration.2. The accused Swarnamoyee Biswas is a young Indian Christian girl aged 15 years. She stands charged under Section 302 of the Indian Penal Code with the murder of her husband, Sampson, to whom it is alleged she administered strychnine.3. Swarnamoyee is an orphan brought up and educated by Missionaries in Calcutta. The deceased was also an orphan brought up by Missionaries. He came from Mozufferpore to Burdwan, and was in the employ of the Reverend Mr. P.N. Sirkar at Burdwan as cook. He was illiterate. The girl came from Calcutta to Asansol and took a teacher's post in the Methodist Episcopalian Mission School there. The Missionaries arranged to marry the two. They were married on the 2nd November 1912 and came to Burdwan. Within a day or tw...
imperial Pressing Co. Vs. British Crown Assurance Corporation Ltd.
Court: Kolkata
Decided on: Nov-20-1913
Reported in: AIR1914Cal53,(1914)ILR41Cal581
Chaudhuri, J.1. This is a suit instituted by the plaintiff company for the recovery of the sum of Rs. 9,833-5-4 for damages to their premises by fire. The proposal for insurance was made on the 17th of February, 1912, and an interim protection note was granted to the plaintiff company by the insurers, the defendants, on that date. The buildings consisted of certain godowns, Nos. 1, 2, and 3, at No. 61, Old Ghusuria Road, Salkia. Two of these godowns were being used by one of the balers of the plaintiff company, a firm of the name of R.U.C. There was a further insurance by the plaintiff company in respect of certain other godowns on the 20th of February, but we are not concerned with it in this suit. A fire took place in the insured premises on the 21st of February; No. 2 godown was considerably damaged and some slight damage was done to godown No. 1. Upon the evidence there is not much doubt that this was an incendiary fire. Some evidence has been given that the fire was probably inten...
Preo Lal Mukherjee Vs. Emperor
Court: Kolkata
Decided on: Nov-19-1913
Reported in: 24Ind.Cas.163
1. The petitioner has been convicted of an offence under Section 353, Indian Penal Code, and sentenced to six months' rigorous imprisonment for having assaulted a public servant, namely, a peon of a Civil Court, while he was delivering possession of a share in a tank to a decree-holder purchaser. A co-sharer of the petitioner was the judgment-debtor in the civil suit and had been ordered under a decree to make over possession of. 6 annas out of the 16 annas of the tank, to the decree-holder. The decree-holder obtained a writ of delivery of possession and was accompanied by a peon to whom a direction was given in the writ that he was to give delivery of possession of the share in the tank by 'catching fish' in the tank. On the day on which the occurrence took place the decree-holder accompanied by the peon and some fishermen came to the tank and the peon ordered the fishermen to cast their nets in the tank and catch fish for the decree-holder. The petitioner on behalf of his co-sharer, ...
East Indian Railway Co. Vs. Nilkanta Roy
Court: Kolkata
Decided on: Nov-17-1913
Reported in: AIR1914Cal761,(1914)ILR41Cal576
Fletcher, J.1. This is a Rule obtained by the East Indian Railway Company in a suit, which was brought against them as defendants, by one Nilkanta Roy, in the Provincial Small Cause Court at Burdwan, to recover damages for failure to deliver certain tins of mustard oil which had been consigned from Bhagalpore to Burdwan for delivery to the plaintiff. The tins of mustard oil consigned to the defendants were 242 in number. Out of these, 238 tins admittedly were properly delivered to the plaintiff; but the other four tins were not taken delivery of by the plaintiff, because those tins had been cut open and the contents were missing. The goods were consigned to the defendants under a risk-note which is known as Form H. That risk-note is made under the provisions of Section 72 of the Indian Railways Act (IX of 1890) and, in accordance with the terms of that Act, it has received the approval of the Governor-General in Council. The note provides that the owner should undertake 'to hold the Ra...
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