Kolkata Court June 1914 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bhakta Mahto Vs. Thakur Udit NaraIn Singh Deo
Court: Kolkata
Decided on: Jun-05-1914
Reported in: 25Ind.Cas.899
1. This is a suit decided in appeal by the Judicial Commissioner of Chota Nagpur in which he remands the case tried by the Deputy Collector of Singbhum. The order of remand comes before us on appeal. But as it appears that none of the provisions of the Code of Civil Procedure has been incorporated, as they might have been, in the Chota Nagpur Tenancy Act, we hold that this appeal is incompetent. An application has been made to us that we should now interfere in revision on the ground that this remand has been made without jurisdiction. We are, however, in this difficulty that we cannot consider the correctness of the law laid down by the Judicial Commissioner, and putting that on one side we cannot interfere with the order of remand.2. The result is that this appeal is dismissed with costs, the hearing fee being assessed at one gold mohur....
Deputy Legal Remembrancer Vs. Sital Chandra Pal
Court: Kolkata
Decided on: Jun-04-1914
Reported in: AIR1915Cal115,(1915)ILR42Cal300
Holmwood and Chapman, JJ.1. This is an appeal preferred by the Government against an order passed by the Chief Presidency Magistrate, Calcutta, on the 20th September 1913, acquitting the respondents Sital Chandra Pal, Surendra Nath Chowdhry, B. P. Ghose and Purna Chandra Ghose of an offence punishable under Section 21 of the Provident Insurance Societies (1913) I. L. R. 40 Calc. 570, 578. Act (V of 1912). That section provides that any provident insurance society which makes default in complying with any of the requirements of this Act, and every director, manager or secretary or other officer or agent of the society who is knowingly a party to the default, shall he punished with fine which may extend to five hundred rupees, etc.2. The learned Presidency Magistrate on an apparent misreading of the judgment of Mr, Justice Fletcher in the case of Oriental Government Security Life Assurance Co., Ld. v. Oriental Assurance Co. Ld. (1913) I. L. R. 40 Calc. 570, 578 thought that the company i...
Romesh Chandra Dutta Choudhury and ors. Vs. Emperor
Court: Kolkata
Decided on: Jun-04-1914
Reported in: 32Ind.Cas.687
1. In this case the petitioners were required to execute bonds with three sureties each in the sum of Rs. 1,000 to be of good behaviour for one year. They offered certain sureties and under the provisions of Section 122, Criminal Procedure Code, these sureties were rejected as being unfit persons. Thereupon the petitioners obtained from this Court the present Rule calling upon the District Magistrate of Dacca to show cause why the sureties offered should not be accepted. The learned District Magistrate has submitted a very fair explanation and after reviewing the evidence expressed his opinion that in the case of the petitioner Suresh Chandra Banerji three of the sureties offered, namely, Basanta Kumar Banerjee, Kali Kumar Banerji and Rash Mohun Banerji are fit persona to be accepted as sureties. In the case of Suresh Chandra Banerji we direct that the three persons above named be accepted.2. In case of Romesh Chandra Dutta Chaudhuri, of the five persons offered he finds that No. 3, Kh...
Nripendro Nath Shahoo and Vs. Ashutosh Ghosh and ors.
Court: Kolkata
Decided on: Jun-04-1914
Reported in: AIR1915Cal460,29Ind.Cas.128
Asutosh Mookerjee, J.1. These appeals are directed against an order under Section 37 of the Provincial Insolvency Act. On the 4th December 1911, Nilratan Mandal and his four brothers executed a mortgage for Rs. 9,000 in favour of one of their unsecured creditors, Nripendra Nath Sahu. On the 27th December 1911 and 14th February 1912, they executed two other mortgages, one for Rs. 6,000 and another for Rs. 10,000, in favour of their unsecured creditor Gopinath Mandal. On the 19th February 1912, a third creditor, Kissen Chand Kessari Chand, applied to the District Judge under Section 5 of the Provincial Insolvency Act so that the mortgagors might be adjudicated insolvents. The application was granted and a local Pleader, Babu Ashutosh Ghose, was appointed Receiver. In due course on the 26th September 1912, the Receiver applied to the Court to take action under Section 37 and to annul the three mortgages mentioned. This application was granted on the 30th January 1913, and the present appe...
Sasibhushan Mookerjee and anr. Vs. Radhanath Bose
Court: Kolkata
Decided on: Jun-04-1914
Reported in: 25Ind.Cas.267
1. We are invited in this Rule to set aside an order by which the Court of first instance has, under section. 151 of the Civil Procedure Code, 1908, recalled an order previously made for delivery of possession of immoveable property to a purchaser at an execution sale. The events, which have led up to this order, are matters, of record and may be briefly recited. On the 25th May 1902, one Krishnadhan, Mookerjee obtained a mortgage-decree against Radhanath Bose, now opposite party in this Rule. The decree was for Rs. 589 and was made absolute on the 27th November 1902. A payment of Rs. 200 was made in part satisfaction of the decree, and the decree-holder took out execution for the balance. The mortgaged property was sold on the 5th March 1903 and was purchased by the decree-holder for Rs. 300. The sale was confirmed on the 14th April 1903 and the application for execution was dismissed on part satisfaction, as the decree-holder took no further steps. On the 21st June 1912 Sasibhusan Mo...
Dayamayi Vs. Ananda Mohan Roy Chowdhury
Court: Kolkata
Decided on: Jun-02-1914
Reported in: (1915)ILR42Cal172
Jenkins, C.J., Stephen, Woodrofee, Mookerjee and Holmwood JJ.1. These several references have been heard consecutively, and as they involve many of the debatable points that relate to the transferability of occupancy holdings, apart from local usage, it will be convenient to state our conclusion in general terms. This conclusion rests largely on a recognition of the paramount importance of upholding decisions, on which I dealings with property have been extensively based. These decisions probably mark a departure from earlier judicial pronouncements and the opinions of those who have studied this question in the past. The life of the law, however, it has been said, is not logic but experience, and the modern departure is probably due to a change in economic conditions, which has brought into prominence problems that did not previously call for solution.2. The weight of modern authority establishes the following propositions regarding the transfer for value of occupancy holdings apart f...
Gagan Chandra Chuckerbutty Vs. Maharaja Birendra Kisore Manikya Bahadu ...
Court: Kolkata
Decided on: Jun-01-1914
Reported in: AIR1915Cal690(2),30Ind.Cas.931
1. This is an appeal by the defendant in a suit for declaration of title to land for assessment of rent. The ease for the plaintiff is that he is the proprietor of an extensive zemindari, that there are numerous tracts of waste land within his estate and that various persons, without his knowledge and without settlement from him, have taken possession of these lands and have brought them under cultivation. According to the plaintiff, the defendant is one of such persons, and in 1898, in the course of Settlement proceedings under the Bengal Tenancy Act, it was discovered that the defendant was in occupation of some land without settlement from the plaintiff. The defendant was, however, described in the Settlement record as an intermediate tenure-holder who held without payment of rent. The plaintiff finally states that the defendant, though thereafter repeatedly asked to take a settlement of the disputed land, has, on various pretexts never adorned to him The plaintiff consequently asks...
- ‹ Prev
- 1
- 2
- 3
- Next ›