Kolkata Court February 1915 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.
Chandra Mohan Banerjee Vs. Satya Kripal Banerjee and ors.
Court: Kolkata
Decided on: Feb-24-1915
Reported in: 29Ind.Cas.139
Fletcher, J.1. This is an appeal from a decision of the learned Additional Subordinate Judge of Hoogly dated the 16th September 1911. The suit out of which the present appeal arises is a suit brought to enforce certain mortgage securities. It appears that one Satya Dayal Banerji, who died as long ago as the 30th May 1897, left a Will, dated the 11th January 1897, under the terms of which the plaintiff and the defendant No. 2 in this case, who are his sons were executors. The defendant No. 3 is the only other son of the deceased Satya Dayal Banerji. In accordance with their duties as executors the plaintiff and respondent No. 2 had in their hands certain moneys and these moneys they invested in these mortgage securities, the mortgagor in each case being the defendant No. 1. These mortgages were dated respectively the 6th November 1898, the 10th February 1899 and the 20th April 1899, and the respective principal sums were Rs. 14,000, Rs. 10,000 and Rs. 9,550-8-6. The plaintiff, apparentl...
Sures Kanta Banerjee Chowdhury Vs. Nawab Ali Sikdar and anr.
Court: Kolkata
Decided on: Feb-24-1915
Reported in: 29Ind.Cas.848
1. This is an appeal by the plaintiff in a suit by a principal against his agent for accounts. The agency was created on the 24th May 1896, for management of immoveable property. In 1897 the principal transferred the property to his wife and two years later the wife re-transferred the property to her husband. The agent, however, continued to manage the properties as if no transfer had been effected. The agency was finally terminated in 1910, and the present suit was commenced on the 22nd March 1911 for accounts in respect of the years 1306 to 1317. The Court of first instance held that the terms of the agreement were enforceable and made a decree accordingly. By the agreement, which was embodied in a registered document, immoveable property had been hypothecated and the Court of first instance held that the suit was in essence a suit to enforce a charge against immoveable property within the meaning of Article 132 of the first Schedule to the Indian Limitation Act. On appeal, the Subor...
Sarala Sundari Debi and GossaIn Dasi Debi Vs. Hazari Dasi Debi
Court: Kolkata
Decided on: Feb-23-1915
Reported in: (1915)ILR42Cal953
Jenkins, C.J. and Woodroffe, J.1. These are two appeals from an order appointing a guardian of a Hindu widow, aged 14. There is no power in the Court to appoint a guardian unless the Court is satisfied that it is for the welfare of the minor that the order should be passed. In support of the application there is no affidavit on which the Court can act. More than that it seems to us that, in the circumstances, the case should have waited until the return of Maharaja Tagore the head of the family in order that it might be seen whether he was willing to accede to a course which was apparently acceptable to both parties and would have solved the present difficulty. As it is, we have the curious position that an order appointing a guardian has been made on materials which do not comply with the requirements of the law, and at the same time a Rule has been issued on another application and is pending for the determination of the question whether some one else should not be appointed guardian...
Ram Deo Singh Vs. Babu Moheswar Prosad
Court: Kolkata
Decided on: Feb-22-1915
Reported in: 29Ind.Cas.880
Sharfuddin, J.1. This is an appeal from the judgment of the District Judge of Muzufferpur dated the 17th June 1911. The plaintiff is the landlord and as such he sued the defendant, who is an occupancy raiyat of Mouza Bishunpur, Chandpur Lakhiraj, for enhancement of rent, on the ground that the rate at which the defendant paid rent was below the prevailing rate paid by raiyats for similar lands in neigh bouring villages and also on the ground of a rise of price of staple crops. The Munsif gave a decree at the rate of Rs. 5 per bigha for the years in suit and declared Rs. 5 per bigha for future years as the prevailing rate. On appeal, the learned District Judge held that the rent could not be doubly enhanced, both on the ground of the prevailing rate and also on the ground of a rise of prices, and that the prevailing rate should be fixed at Rs. 4 per bigha. He gave a decree for the years in suit at the then existing rate. The defendant appeals to this Court and we are now asked to decide...
Kali Krishna Baiswas and ors. Vs. Ram Chandra Baidya and ors.
Court: Kolkata
Decided on: Feb-18-1915
Reported in: 29Ind.Cas.896
1. This is an appeal by the plaintiffs in a suit for recovery of arrears of rent. According to the plaintiffs, the defendants hold as under-raiyats under a kabulyat executed on the 1st November 1903. The plaintiffs claim rent at the annual rate of Rs. 30, which is stated in the contract as the price of the paddy payable by the tenant to his landlord. The defendants contend that they are occupancy raiyats and that by a commutation order made under Section 40 of the Bengal Tenancy Act, they are liable to pay rent only at the rate of Rs. 13-6-6 a year. The Court of first instance decreed the claim in full. On appeal the contention of the defendants has been allowed to prevail. The plaintiffs have now appealed to this Court.2. A preliminary objection has been taken on behalf of the respondents that the appeal is incompetent under Section 153 of the Bengal Tenancy Act as the amount claimed in thesuit is less than Rs. 100. In our opinion, there is no foundation for this contention. The decre...
Hera Lal Roy Chowdhury Vs. Lokenath Shaha and ors.
Court: Kolkata
Decided on: Feb-18-1915
Reported in: 29Ind.Cas.865
1. This is an appeal by the plaintiff in a suit for enforcement of right of easement of a novel description. The case for the plaintiff is that he, along with some of the defendants, had erected these privies on the disputed property, that they had used the latrines for many years past and that on the 5th February 1908 the latrines were wrongfully demolished by the defendants who also raised an obstruction across the path which led to them. The claim was based on prescription, on implied grant and on necessity. The Subordinate Judge has dismissed the suit on the ground that an easement of this description is unknown to the law; he has also found that no grant can be implied in the circumstances of the case, that the alleged necessity has not been established, and that if the latrines were restored, they would constitute a nuisance to the residents of the neighbourhood. In our opinion, the view taken by the Subordinate Judge is manifestly right.2. If, as is alleged by the plaintiff, he ...
Hari Krishna Das Vs. Dinor Kinla and ors.
Court: Kolkata
Decided on: Feb-17-1915
Reported in: 29Ind.Cas.355
Fletcher, J.1. This is an appeal from a decision of the learned Subordinate Judge of Midnapore affirming the decision of the Munsif. The suit was brought by the plaintiff for a declaration of his title to 1 1/2 bighas of land. The plaintiff has failed in both the Courts below. In the lower Appellate Court he was unsuccessful on the ground that he failed to define what was the nature of the interest in the land for which he asked the Court to make a declaration in his favour. In that, obviously, the learned Subordinate Judge was right. The plaintiff did not inform the Court whether the land which he claimed was held subject to the payment of rent or rentfree or in absolute interest or in any other more limited interest. The reasans are not far to seek when one looks into the judgment of the Court of first instance, because the plaintiff deliberately attempted to shift during the trial of the case the nature of the title which he claimed, and in this suit obviously the Court ought not to...
Ganda Singh Vs. Chuni Lal Shaha
Court: Kolkata
Decided on: Feb-17-1915
Reported in: 29Ind.Cas.862
Fletcher, J1. This is an appeal from a judgment of the learned Subordinate Judge of Burdwan reversing the decision of the Munsif. The suit was brought by the plaintiff, who is the appellant, before us to recover Rs. 200 as damages for the injuries he suffered by reason of his having been bitten by a mischievious animal, to wit, a horse belonging to the defendant. The Munsif decreed the suit and awarded to the plaintiff Rs. 200 as damages. On appeal to the lower Appellate Court, the learned Subordinate Judge reversed that decision.2. The first point is whether this was a vicious animal, and whether the defendant had knowledge of the propensities of the animal. The learned Subordinate Judge found that, on the admitted facts of the case, the horse had bitten three people on previous occasions, namely, twice a groom and, on one occasion, an outsider. Against this evidence, the learned Subordinate Judge held that that did not establish the fact that the animal was a vicious animal. That is ...
Kunja Lal Banerji Vs. Narsamba Debi
Court: Kolkata
Decided on: Feb-15-1915
Reported in: (1915)ILR42Cal826
Chaudhuri, J.1. This matter arises upon a contention raised on behalf of the plaintiff that the rule of Damdupat does not apply to mortgages under the Transfer of Property Act. There was a reference for accounts upon a mortgage decree in this suit in the usual course. Accounts have been taken and the Official Referee has made his report disallowing interest exceeding the amount of principal applying the rule of Damdupat. It was contended before me on the strength of Madhra Sidhanta Onahini Nidhi v. Venkaturamanjulu Naidu (1), that the rule of Damdupat does not apply. The question has not so far come up for decision in this Court. In In the matter of Hari Lall Mullick (2), the point was raised but not decided. It was held in that case that an order admitting a creditor's claim was tantamount to a decree, and as such put an end to the contractual relationship between the parties. The very same principle has been acted upon in the case of Nanda, Lal Roy v. Dhirendra Nath Chakravarti (1913...
Fakir Chandra GaIn Vs. Giribala Dassya
Court: Kolkata
Decided on: Feb-15-1915
Reported in: 31Ind.Cas.321
Fletcher, J.1. This is an appeal against-a judgment of the learned District Judge' of Bankura reversing the decision of the Munsif of the first Court of Bisheripbre. There were certain proceedings in execution. The decree-'holder is the appellant before us; and the respondent is the widow and the legal representative of the judgment-debtor. In execution of the decree, the appellant before us attached a certain property that; stood in the name of the respondent, on the allegation that it formed part of the assets of her deceased husband. The learned Munsif held that it did so. On appeal, the learned District Judge reversed the finding of the Munsif, holding that the property was not a portion of the estate of the deceased judgment-debtor. The only point that has been raised in this appeal is as to whether an appeal lay to the District Judge from the decision of the Munsif, that is, whether the proceedings before the Court were taken under Order XXI, Rule 58, Code of Civil Procedure, or ...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »