Kolkata Court May 1913 Judgments
Srimati Akshoy Kumari Basu Vs. Srimati Prosonno Kumari Ghose
Court: Kolkata
Decided on: May-27-1913
Reported in: 30Ind.Cas.538
1. These two appeals are presented by Akshoy Kumari Basu against two orders of the District Judge of Dacca. In Appeal No. 550, the appellant objects to the order of the District Judge who held that she bad no locus standi in certain Probate proceedings. In the other appeal, the appellant objects to the order of the District Judge in which he said that the first Probate to Harimoni still obtained, and that there was no necessity for Prosonno Kumari to take out Probate again.2. If the appellant has no locus standi in these Probate proceedings, it is obvious that both the appeals must fail.3. Krishna Kishoro Ghose died on 17th January 1892, leaving a Will dated 25th December 1887. By that Will, he left his property to his wife Harimoni for life and, after her death, to his daughter-in-law Prosanno Kumari for her life. After her death, he said, the male children that should be born to his son Ananda Kishore Dose should, on attaining majority, get the property in absolute right. No property...
Tag this Judgment!Manik Chandra Bhowmik Vs. Abhoy Charan Gope
Court: Kolkata
Decided on: May-27-1913
Reported in: 37Ind.Cas.257
1. This is an appeal by the defendant in a suit for specific performance of a contract of sale, made orally on the 1st February 1911. The price was fixed at Rs. 400; one rupee was paid on the data of the agreement, which was to be carried out and completed within ten days. The case for the plaintiff is that on the 5th February, he paid a second instalment of the consideration, namely, Rs. 104 and, that, although he subsequently offered to pay the balance, Rs. 295, the defendant did not accept the money and wrongfully refused to execute the conveyance. The defendant denies the alleged payment of Rs. 104, and the Courts below have concurrently found in his favour on this point. He contends that this is not a case where a Court of Equity will decree specific performance, for the plaintiff has failed to perform his part of the obligation, and never tendered Rs. 399 as the balance of consideration. The Trial Court gave effect to this contention, refused specific performance and made a decre...
Tag this Judgment!Nawab Howladar Vs. Emperor
Court: Kolkata
Decided on: May-23-1913
Reported in: (1913)ILR40Cal891
Jenkins, C.J.1. It is submitted that if there is no representative in interest, no question of consent can arise; and there being no one whose consent could be obtained, the statements are admissible, if the widow is a willing witness, without consent.Cur. adv. vult.Jenkins C.J.2. The four appellants, Nawab Howladar, Zaban Ali, Abdul Malla and Araz Ali Sikdar, have been convicted under Sections 302 and 460 of the Indian Penal Code, and sentenced to death under the former section. In convicting the accused the Sessions Judge agreed with both the Assessors.3. From this conviction and sentence the present appeal has been preferred, and the proceedings have been submitted for confirmation of sentence.4. Both sides of the case have been placed before us with care and skill by Mr. Chaudhuri for the defence and Mr. Bagram for the prosecution, and we have been much assisted by their arguments.5. The story of the crime may be briefly told. On the night of Wednesday, 6th November last, two men, ...
Tag this Judgment!Ramprasanna Nandi Chowdhuri Vs. Secretary of State for India
Court: Kolkata
Decided on: May-23-1913
Reported in: AIR1914Cal275(1),(1913)ILR40Cal895
Ray, J.1. These are cases under the Land Acquisition Act, 1894. There has been an order under Section 31 (2) of the Act for the deposit of the compensation money, and the claimants' applications for payment were rejected. Against these orders there have been these three appeals. The lands acquired belonged to the family idol of the claimants, Sri Sri Raj Rajeswar. This is admitted, and it is also admitted that the claimants are only shebaits of the idol. It is settled law now that the position of the shebait is analogous to that of a manager of an infant. He is entitled to possess and manage the dedicated property. He has no power to alienate it in the general character of his rights. It appears to us that the Land Acquisition Judge rightly held that Section 31 (2) applied to the case. This was also the view of Mookerjee and Carnduff JJ. in the case of Kamini Debi v. Promotho Nath Mookerjee (1911) 13 C. L. J. 597 and we follow that decision. It was contended for the appellants that as ...
Tag this Judgment!K.B. Dutt Vs. Shamal Dhone Dutt
Court: Kolkata
Decided on: May-22-1913
Reported in: AIR1914Cal744,(1914)ILR41Cal92,24Ind.Cas.768
Fletcher, J.1. This is a suit brought by Mr. K.B. Dutt and Mr. P.N. Chaudhuri, the present receivers appointed in suit No. 427 of 1907, which is a suit for the administration of the estate of one Gopal Lall Seal (deceased). The two defendant's are Shamal Dhone Dutt and Norendra Lal Dey, who were former receivers appointed in the same suit.2. The present suit is one of a very novel character. It is a suit by the present receivers to recover from the former receivers an item which they say ought to appear in the accounts of the former receivers, which have not yet been passed and allowed by the Court. One would have to search in vain to find a suit of a similar nature to the present.3. Now, what happened is this. The testator, Gopal Lall Seal, was a man of wealth, and he died leaving two widows, and also there was a document propounded which was said to be the last will and testament of Gopal Lall Seal, and litigation was instituted for the purpose of propounding that will. Mr. Robert Be...
Tag this Judgment!NabIn Chandra Hazari Vs. Mirtunjoy Barick
Court: Kolkata
Decided on: May-22-1913
Reported in: AIR1914Cal162,(1914)ILR41Cal50
Stephen and Mullick, JJ.1. In this case the appellant decree-holder applied to enforce the conditions of an undertaking given by a surety that the judgment-debtor would apply in insolvency within a specified time, and that he would appear in Court whenever he was required to do so. Before the time of his appearance in Court had arrived, the judgment-debtor died, and it was therefore impossible for the surety to produce him. The lower Appellate Court has held that thereupon the decree-holder loses his remedy against the surety. This is the correct view of the law, for the event which occurred was not in contemplation of either party and, therefore, put an end to the obligation that there was under the contract. This view is in accordance with the ruling laid down in the case of Krishnan Nayar v. Ittinan Nayar (1901) I.L.R. 24 Mad. 637.2. The result is that this appeal on behalf of the decree-holder is dismissed with costs....
Tag this Judgment!Ead Ali Vs. Lal Bibi
Court: Kolkata
Decided on: May-22-1913
Reported in: AIR1914Cal172,(1914)ILR41Cal88
Imam and Chapman, JJ.1. The petitioner, Ead Ali, is the son of one Ashmatulla, deceased, against whom an order under Section 488 of the Criminal Procedure Code had been passed in favour of Lal Bibi opposite party, who claimed to be the wife of Ashmatulla by a nika marriage. She had claimed against him maintenance for herself and two children, and the order of the Magistrate passed under Section 488 was that she should be given a maintenance of Rs. 15 per month by Ashmatulla. For a time the amount of maintenance was paid, but towards the latter part of the life of Ashmatulla, that is to say, for a few months before his Heath, the maintenance allowed fell into arrears, and on his death the complainant, Lal Bibi, applied to the Magistrate for enforcing the order of maintenance in respect of the arrears under Section 488, Clause (3), by issuing a warrant 'for levying the amount due in the manner provided for levying fines under the Code. The Magistrate and issued such a warrant and attache...
Tag this Judgment!Fateh Singh Vs. Emperor
Court: Kolkata
Decided on: May-21-1913
Reported in: AIR1914Cal286,(1914)ILR41Cal43
Imam and Chapman, JJ.1. This rule was issued on the ground that the Sessions Judge having found that peaceful possession of the lands had been given to the petitioners' malik by the Civil Court and that the malik's men commenced ploughing the field first, it should have been held that the petitioners were in the lawful exercise of their rights over their property and, consequently, had the right of private defence.2. The petitioners have been convicted of the offences of rioting and constructively of grievous hurt under Sections 147 and 325 read with Section 149 of the Indian Penal Code, and sentenced to rigorous imprisonment for six months each under each of the counts. They have farther been bound down to keep the peace, tinder Section 106 of the Criminal Procedure Code, for a period of two years after release.3. The facts that gave rise to this case may be shortly considered. Rai Bahadur Harihar Prosad Singh of Dumraon is the malik of the village of Kurmichak, where this occurrence ...
Tag this Judgment!LachminaraIn Bhareodan Vs. Hoare, Miller and Co.
Court: Kolkata
Decided on: May-20-1913
Reported in: (1914)ILR41Cal35
Chaudhuri, J.1. This is an application on behalf of the defendant company, that having regard to the arbitration clause in the contract in dispute in this suit, all proceedings therein had or taken be stayed, and that the matters in difference between the parties may be referred to arbitration.2. The contract in suit provides for the delivery of one thousand bales of jute cuttings by the plaintiffs to the defendant company--500 bales during October, 1912, and 500 bales during November, 1912. The contract provides that any dispute arising out of the contract shall be referred to the settlement of an arbitrator or arbitrators appointed by the Bengal Chamber of Commerce, which shall be accepted as final and binding on both parties to the contract.3. The undisputed facts to be found from the pleadings and affidavits filed in this case in support of the application and in answer to it, appear to be these: that after the contract was entered into, some goods were tendered by the plaintiff fi...
Tag this Judgment!Abdur Rashid Vs. Sheikh Khandkar and ors.
Court: Kolkata
Decided on: May-20-1913
Reported in: 68Ind.Cas.997
1. This appeal relates to a rent suit which was partially decreed in the Court below. At the hearing of the appeal the lower Appellate Court agreed in most of its findings with the First Court, but dismissed the suit on the ground that the lease was granted by one Kissori on behalf of an infant without any authority in that behalf, because he did not obtain the consent of the Collector in accordance with the provisions of Section 29 of the Guardians and Wards Alt. such consent is not in fact necessary, because the lease was made in accordance with a compromise which had been entered into with the sanction of the Court whose duty it was particularly to see that the compromise including the execution of the lease, was for the benefit of the infant. This is according to the proper construction of the section in question and Order XXXII, Rule 7, Civil Procedure Code; it is in accordance with the law laid down in the case of Bihu Halwai v. Mohesh Halwai C.L.J. 266, As the lower Appellate Co...
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