Kolkata Court March 1914 Judgments
Dedar Buksh Vs. Syamapada Das Malakar
Court: Kolkata
Decided on: Mar-31-1914
Reported in: (1914)ILR41Cal1013
Sharfuddin and Teunon, JJ.1. This is a reference made to this Court by the Sessions Judge of Hooghly. The facts which have led to the present reference are these: One Syamapada Das Malakar complained to the Magistrate against four persons, namely, the Hon'ble Moulvi Mazaharal Anwar, his wife and his two daughters, under Sections 342 and 363 of the Indian Penal Code. His complaint was that his eleven-years old wife, named Sidheswari Dassi, was missing from the middle of the month of Assar, that is to say, the latter end of June or beginning of July 1913, that she returned on the 13th September 1913 and told him that, while she was near the house of Moulvi Mazaharal Anwar, he made a sign to her, took her to his house, made her a Mahomedan, and further made her eat food forbidden to a Hindu, and kept her confined in the house. On the filing of this complaint the Magistrate passed the following order 'The charge is a serious one and is against a highly respectable inhabitant of this town. ...
Tag this Judgment!Harendra Nath Mukerjee Vs. Ardhendu Kumar Ganguly
Court: Kolkata
Decided on: Mar-31-1914
Reported in: AIR1914Cal739(2),24Ind.Cas.202
1. This appeal is directed against an order for the appointment of a guardian of the properties of two infants on certain conditions as to security. The only ground on which the order is assailed is that the amount of security demanded is excessive.2. A preliminary objection has been taken to the competency of the appeal on the ground that the order must be deemed to have been made under Section 34 of the Guardians and Wards Act and is consequently not liable to be challenged by way of appeal under Section 47. In our opinion there in no force in this contention. The District Judge has appointed the appellant as guardian of the property of his two infant stepbrothers on the condition that he furnishes security to the extent of Rs. 30,000. He has appealed against so much of the order as directs him to furnish security to the extent mentioned. The order has been made, under Section 7 of the Guardians and Wards Act, which is in the widest possible terms and entitles the Court to impose suc...
Tag this Judgment!Kumar Satish Kanta Roy and ors. Vs. Tufan Mullick and anr.
Court: Kolkata
Decided on: Mar-31-1914
Reported in: AIR1914Cal682,24Ind.Cas.9
1. We are invited in this Rule to set aside an order tinder Section 170, Sub-section (3), of the Bengal Tenancy Act. The petitioner in execution of a decree for arrears of rent, obtained against his registered tenant, was about to bring the holding to sale when the present opposite party applied to the Court for leave to make a deposit under Sub-section (3) of Section 170 on the allegation that he had taken a mortgage of a portion of the holding on the 13th May 1907 and that if the sale took place his interest, as mortgagee, would be voidable thereupon. The Court below has granted the application and has permitted the opposite party to make the deposit. The Court has further declared that the present petitioner decree-holder would not, by acceptance of the money deposited by the opposite party, be bound hereafter to treat him as a tenant of the holding. In so far as this latter declaration is concerned, the applicant under Section 170 has taken no exception and the landlord decree-hold...
Tag this Judgment!Khulna Loan Co. Limited Vs. Jahir Goldar and anr.
Court: Kolkata
Decided on: Mar-31-1914
Reported in: AIR1914Cal687,24Ind.Cas.209
1. This appeal is directed against a decree in a suit for specific performance of a contract to grant a permanent lease. The case for the plaintiffs is that the defendant Company is the owner in possession of the disputed land by virtue of purchase at a sale for arrears of revenue, that the officers of the Company agreed to grant them a permanent lease for a premium of Rs. 787-8 and an annual rent of Rs. 68, that out of the premium the plaintiff paid into the office of the Company Rs. 600 in cash and executed a promissory note for the balance, Rs. 147-8, that on the 15th February 1908 the lease, duly engrossed and stamped, was tendered to the officers of the Company, but that the Managing Director declined to execute the document. The plaintiffs accordingly ask for a decree for specific performance against the Company. The suit as originally framed was brought against the Managing Director and the two Secretaries, but ultimately the plaint was amended and the suit was described as one ...
Tag this Judgment!Guru Das Das and anr. Vs. Kali Das Changa
Court: Kolkata
Decided on: Mar-31-1914
Reported in: AIR1914Cal833,24Ind.Cas.287
Lawrence Jenkins, C.J.1. This appeal arises out of a suit in ejectment.2. The Munsif passed a decree in the plaintiff's favour. That was overruled by the lower Appellate Court. But the decision of the lower Appellate Court has in turn been reversed by the judgment of this Court and it is from that judgment that this Letters Patent appeal is preferred.3. The Judge of the lower Appellate Court came to the conclusion that as between the parties to this litigation the plaintiff had created a permanent tenancy in favour of the defendants-appellants before us. The documents are susceptible of that meaning and we see no reason for disturbing the learned Judge's conclusion.4. An argument was addressed to us suggesting that Section 85 of the Bengal Tenancy Act had some bearing on the case. It is manifest from the terms of that section that it does not' directly apply as between the parties to this suit. - Then it has been suggested that by analogy the section applies. To that I will make answer...
Tag this Judgment!Dedar Bux and anr. Vs. Syamapada Malakar
Court: Kolkata
Decided on: Mar-31-1914
Reported in: AIR1914Cal801,24Ind.Cas.954
1. This is a reference made to this Court by the Sessions Judge of Hooghly. The facts which have led to the present reference are these : One Sayamapada Malakar complained to the Magistrate against four persons, namely, the Hon'ble Moulvi Mazhar-ul-Anwar, his wife and his two daughters, under Sections 342 and 363, Indian Penal Code. His complaint was that his elven years old wife, named Sidheswari Dasi, was missing from the middle of the month of Asar, that is to say, the latter end of June or beginning of July 1913, that she returned on the 13th September 1913, and told him that while she was near the house of Moulvi Mazhar-ul-Anwar he made a sign to her, took her to his house, made her a Muhammadan and further made her eat food forbidden to a Hindu and kept her confined in the house. On the filing of this complaint the Magistrate passed the following order : The charge is a serious one and is against a highly respectable inhabitant of this town. The complainant has got back his wife ...
Tag this Judgment!Maharajadhiraj Sir Bejoy Chawd Mahatap Bahadur Vs. Hari Mandal and ors ...
Court: Kolkata
Decided on: Mar-30-1914
Reported in: 24Ind.Cas.52
1. Tins is an appeal from a judgment of the learned District Judge of Birbhum dated the 23rd November 1911. The point raised before us is an interesting one and it is this Where a tenure is sold for arrears of rent under the provisions of the Bengal Tenancy Act, is the old tenant personally liable for the rent between the date of the decree and the date of the sale? That is a matter, it seems to me, not covered by Section 169 of the Bengal Tenancy Act, which in the first instance deals with the grounds of the sale of the tenure and also with the fact that the tenure is to pass to the purchaser at the sale free from all liability created upon it by the default of the previous holder. But nothing is said in that section as to the . personal liability of the old tenant between the date. of the decree and the date of the sale in execution where there are no surplus proceeds of sale. This liability, I think, must be governed by the general law : and if the tenancy subsisted, I think the ten...
Tag this Judgment!Troilukhyanath Mandal Vs. Abanish Chandra Roy
Court: Kolkata
Decided on: Mar-27-1914
Reported in: AIR1915Cal118,24Ind.Cas.18
Fletcher, J.1. This is an appeal from the judgment of the District Judge of Birbhum, dated 27th Juno 1911, affirming the decision of the Subordinate Judge. The plaintiff brought his suit for the purpose of obtaining an account of what was due to him by the defendant on the footing of a certain document, namely, a registered kabuliat, and also for the purpose of bringing to sale the properties hypothecated in 'favour of the plaintiff's father under the terms of that kabuliat. The kabuliat appointed the plaintiff what is known as gomasta, or rather agent, of certain properties that belonged to the plaintiff's father and these properties were hypothecated to the plaintiff's father to secure the due performance by the defendant of the duties that ho had undertaken. The plaintiff, having instituted this suit, obtained a preliminary decree. The preliminary decree was obtained on 16th March 1908. No appeal was presented against that preliminary decree : and the learned Subordinate Judge appoi...
Tag this Judgment!Nanda Kumar Howladar Vs. Ram Jiban Howladar
Court: Kolkata
Decided on: Mar-26-1914
Reported in: AIR1914Cal232,(1914)ILR41Cal990
Jenkins, C.J.1. By this suit the plaintiffs seek to establish their title to land. The first defendant contends that the validity of this title has been decided adversely to the plaintiffs by the decree of a competent Court in a previous suit between the same parties, and so cannot now be tried.2. The plaintiffs reply that the previous decree cannot support the plea of res judicata, and alternatively, that it was obtained by fraud. Mr. Justice Chapman, reversing the decree of the lower Appellate Court, held that the decree in the previous suit supports the plea of res judicata and that there is no evidence that the decree was obtained by fraud. From this judgment the present appeal has been preferred. The jurisdiction to impugn a previous decree for fraud is beyond question: it is recognised by Section 44 of the Evidence Act and is confirmed by a long line of authority. But it is a jurisdiction to be exercised with care and reserve, for it would be highly detrimental to encourage the i...
Tag this Judgment!Bata Krishna Rano Vs. Janki Nath Pande
Court: Kolkata
Decided on: Mar-26-1914
Reported in: AIR1914Cal830,(1914)ILR41Cal1000
Mookerjee and Beachcroft, JJ.1. This Kale raises an important question of first impression, namely, whether it is competent to a putnidar to avail himself of the provisions of Section 61 of the Bengal Tenancy Act notwithstanding Clause (e) of Section 195. The circumstances under which the question arises for consideration are not disputed and may be briefly stated.2. The plaintiff alleges that he holds a putni taluk, that on several occasions he had paid rent to the Mustaphis, that thereafter on the assertion that the estate had been sold for arrears of revenue and that the certified purchaser had conveyed title to him, one Janaki Nath Pandey, the present defendant, had realised rent from him on threat of proceedings under Regulation VIII of 1819, and that recently on the 11th December 1912 in a suit between the representatives of the original proprietors and the defendant, it was decided that the property was not comprised within the estate sold for arrears of revenue. The plaintiff a...
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