Kolkata Court March 1915 Judgments
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Anant Prasad Singh Vs. H. Manners and ors.
Court: Kolkata
Decided on: Mar-29-1915
Reported in: 29Ind.Cas.459
Appeal No. 2196 of 1912.Sharf-Ud-Din, J.1. In this appeal the plaintiff is the appellant. He instituted the present suit for declaration of title to, and recovery of possession over, a piece of land against the defendants on the ground that they are trespassers.2. In order to understand the grounds urged in support of the present appeal, it isnecessary to advert to some facts that happened before the institution of the present suit, and these facts are:3. In 1883 the defendants 1st party were the lessees of a share in Mouza Satmalpore and while they were lessees, they obtained possession of the land in suit under kurtowlee leases executed by the tenants of the mouza. By this arrangement the 1st party defendants acquired the right of under-raiyats.4. In 1906 the landlord brought rent suits against the defendants 2nd party who are the tenants and obtained ex partee decrees and in execution of those decrees put up the holdings of those tenants to sale and himself purchased them and therea...
Gopal Chandra Bose and anr. Vs. Hari Mohan Dutt and ors.
Court: Kolkata
Decided on: Mar-26-1915
Reported in: 30Ind.Cas.49
1. We are invited in this Rule to set aside an order made under Section 73 of the Code of Civil Procedure, 1908. The property brought to sale is an occupancy holding owned by the Pals. Two sets of decree-holders, the Boses who are the petitioners in this Court and the Butts who are the opposite parties to this Rule, sought to satisfy their dues from the Pals by the sale of this property. The Dutts applied for execution of their decree for money against the Pals. The Pals objected that the holding was not transferable and could not be sold in execution of a decree for money. This objection was overruled by this Court on the 24th June 1912, when it was held that the holding was transferable by custom and was liable to be brought to sale in execution of a money decree. On the 15th March 1918, the Hoses applied for execution of the decree for money which they held against the Pals. They stated that an application for execution had already been made at the instance of the Dutts and the 9th ...
Diljanmihha Bibi Vs. Hemanta Kumar Roy and ors.
Court: Kolkata
Decided on: Mar-26-1915
Reported in: 29Ind.Cas.395
1. An application for setting aside an execution sale under Section 47 and Order XXI, Rule 90, of the Civil Procedure Code was dismissed for default. The judgment-debtor made an application for setting aside that order under Order IX, Rule 9. The learned Munsif rejected the application, holding that Order IX had no application to the case. This Rule was granted on the opposite party to show cause why the application should not be entertained either under Order IX or Order XLVII, or why such other order should not be made as to this Court might seem fit and proper. It is admitted by the learned Vakil for the petitioner that Order XLVII is not open to him, as the application was made to the successor of the trying Munsif. He relies upon Order IX or Section 151 of the Civil Procedure Code. I do not think he is entitled to rely on Section 151. To allow him to do so would be to allow him to apply for a review which is expressly prohibited by the Code. He must stand or fall by Order IX. Ther...
Ambica Charan Das Vs. Harinath Das and ors.
Court: Kolkata
Decided on: Mar-26-1915
Reported in: 29Ind.Cas.905
Richardson, J.1. By an agreement, dated the 17th Chaitra 1315 B.S., two of five brothers agreed to take over the management of their joint property for a period of five years from the 1st Haisakh 1316 to Chaitra, 1320. The case was argued before us with sole reference 11 Clause 8 of the agreement. In that clause the management is expressed to be for the 'improvement and upkeep' of the estate. The managers were to take two-fifths of the profits and to be liable for two-fifths of the profits and expenses, the remaining three-fifths of the profits and expenses being respectively payable to and by the other three brothers who renounced their rights of management during the period in question. The clause ends as follows: If for the protection of the property the managers are required to pay any money in advance they shall make such payment and protect the property and they will be afterwards entitled to recover the same with interest; if the managers fail to pay the profits in proper time t...
Kamaksha Basini Chowdhurani Vs. Jagat Sundari Chowdhurani
Court: Kolkata
Decided on: Mar-26-1915
Reported in: 30Ind.Cas.875
1. This appeal is directed against two orders passed under the Guardians and Wards Act, 1890. On the 31st August 1912, two ladies, who were the widows of one Kalikumar Sen Chowdhury and are the appellant and the respondent respectively in this appeal, were appointed joint guardians of the person and property of an infant, Hemendra Nath Ben Chowdhury, who had been taken in adoption by the respondent. The two guardians could not long act in harmony, and not many months had elapsed when on the 16th June 1913 the respondent applied to the District Judge for removal of the co-widow from the office of joint guardians. The application was promptly opposed. On the 30th August 1913 the respondent brought to the notice of the District Judge that the appellant had made an application for Letters of Administration to the estate of the father of the infant with a copy of an alleged Will and urged that thereby she had acted in a manner which disqualified her from holding the office of guardian. The ...
Kedar Nath Mitra Vs. Dinabandhu Saha
Court: Kolkata
Decided on: Mar-25-1915
Reported in: (1915)ILR42Cal1043
Jenkins, C.J.1. The only question that arises on this appeal is whether a cheque given in part-payment of principal is sufficient to take the case out of the Indian Statute of Limitation having regard to the terms of Section 20 of that Act.2. The facts are not in dispute. And if the cheque is sufficient fur the purpose of Section 20 then this, appeal must fail.3. It seems to me clear that if a cheque be delivered to a payee by way of payment and is received as such by him it operates as payment and is an extinguishment to that extent of the debt, though this is no doubt subject to a condition subsequent that if upon due presentation the cheque is not paid the original debt revives. There in tic suggestion in this case that the cheque upon presentation was not paid. In fact, it was and so there was payment in the fullest sense of the term and thus a part of the principal of the debt has, before expiration of the prescribed period, been paid by the debtor to the creditor.4. Then it is sa...
Hazari Lal Sarkar Vs. Maharaj Kumar Kshaunish Chandra Roy Bahadur and ...
Court: Kolkata
Decided on: Mar-25-1915
Reported in: 31Ind.Cas.249
1. In this case the defendant No. 1 is the Zemindar and the defendants Nos. 2 to 4 are the tenants in occupation of the lands in suit. These defendants were originally holding the lands as chakran lands under the zemindar. In 1901, the zemindar resumed these lands and settled them with these defendants at a money rent. The plaintiff who is the durputnidar brought this suit to recover khas possession of these lands and also prayed, in the alternative, that fair and equitable rents might be fixed for them.2. The first Court granted a decree holding that the zemindar was liable to pay rent to the plaintiff. On appeal to the District Judge, the plaintiff has been granted a decree against the defendants Nos. 2 to 4 and has had his title declared to realise from them fair and equitable rents for the lands, the amount of which will be settled in a rent suit.3. As the appeal has been argued, the only question we have to decide is whether the plaintiff is entitled to khas possession or not. Thi...
Har Shyam Chowdhury Vs. Shyam Lal Sahu
Court: Kolkata
Decided on: Mar-25-1915
Reported in: 31Ind.Cas.22
1. This is an appeal by the fifth defendant in a suit to enforce a mortgage security. The property in dispute has been the subject of three mortgage transaction. The first mortgage was created on the 29th March 1888 for a sum of Rs. 700 which carried interest at the rate of 24 per cent, per annum; the second was on the 22nd July 1895 to secure a loan of Rs. 500 on interest at 18 percent per annum. The third mortgage, now sought to be enforced, was created on the 27th December 1897 to secure a loan of Rs. 700 which bore interest at 18 per cent. per annum. On the 15th October 1901, the mortgagors transferred the equity of redemption to the appellant for a sum of Rs. 2,238. The conveyance recited that there were only two mortgages on the property, namely, those of 1895 and 1897. The purchaser, who was allowed to retain in his hands the entire consideration, agreed to apply the money in satisfaction of the dues on these two mortgages. He subsequently discovered that there was a prior mortg...
Kedar Nath Mitter Vs. Denobandhu Shaha and ors.
Court: Kolkata
Decided on: Mar-25-1915
Reported in: 31Ind.Cas.626
Lawrence Jenkins, C.J.1. The only question that arises in this appeal is whether a cheque given in part-payment of principal is sufficient to take the case out of the Indian Statute of Limitation having regard to the terms of Section 20 of that Act.2. The facts are not in dispute. And if the cheque is sufficient for the purpose of Section 20, then this appeal must fail.3. It seems to me clear that if a cheque be delivered to a payee by way of payment and is received as such by him, it operates as payment and is an extinguishment to that extent of the debt, though this is no doubt subject to a condition subsequent that if upon the presentation the cheque is not paid the original debt revives. There is no suggestion in this case that the cheque upon presentation was not paid, in fact, it was: and so there was payment in the fullest sense of the term, and thus a part of the principal of the debt has, before expiration of the prescribed period, been paid by the debtor to the creditor.4. Th...
indar Chand Vs. Emperor
Court: Kolkata
Decided on: Mar-24-1915
Reported in: (1915)ILR42Cal1094
Beachcraft, J.1. The appellant has been convicted on two charges under Section 3 of Ordinance No. VI of 1914 for having contravened the provisions of Section 5 (7) of the Royal Proclamation of the 9th September relating to Trading with the Enemy. He was tried on three charges, but acquitted on the second. The first charge was to the effect that he had traded in a case of mica destined for a German firm in Germany, and third was to the effect that he had supplied to one Checcacci of Genoa 11 cases of mien, for and by way of transmission to a certain firm in Germany, and thereby traded in the said goods destined for the said enemy country and the said enemies. The Magistrate convicted that appellant on both charges of trading in goods destined for the enemy, and sentenced him to rigorous imprisonment for 18 months on each charge, the sentences to run concurrently, and also to a fine of Rs. 1,000 on the third charge.2. The facts are not in dispute. The appellant is a member of a firm in C...
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