Kolkata Court May 1917 Judgments
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Nibaran Chandra Chakravarty and ors. Vs. Akshoy Kumar Banerjee
Court: Kolkata
Decided on: May-07-1917
Reported in: 41Ind.Cas.311
1. The short question which arises upon this Rule is whether a Provincial Small Cause Court is, under Sub-Clause (c) of Clause (7) of Section 195 of the Criminal Procedure Code, to be deemed to be subordinate for the purposes of that Section to the Court of the District Judge.2. Our attention was drawn to three cases in which this question was answered in the negative, the case of Ajodhia Parshad v. Ram Lal 13 Ind. Cas. 284 : 34 A. 197 : 9 A. L. J. 124 : 13 Cr. L. J. 44 decided by the Allahabad High Court and the cases of Ambica Tewari v. Emperor 34 Ind. Cas. 320 : 1 P. L. J. 206 : 17 Cr. L. J. 208 and Sukhdeo Singh v. District Magistrate of Muzoffarpur 38 Ind Cas. 754 : 2 P. L. J. 1 : 18 Cr. L. J. 370 decided by the Patna High Court. The last two cases depend upon the first mentioned case, in which it was held that the words 'Where no appeal lies' in Clause 7 (c) refer to cases, in which no appeal lies, decided by a Court from which appeals ordinarily lie to some other Court and not t...
Kumar Naresh Narayan Roy Vs. the Midnapore Zemindary Co., Ltd.
Court: Kolkata
Decided on: May-07-1917
Reported in: 41Ind.Cas.800
1. These Rules must be discharged. It is sufficient to say that we follow the decision of this Court in the case of Anrqda Prosonno Mukherjee v. Nil Madhab Parui 11 Ind. Cas 123 : 15 C. L. J. 52 The Rules are discharged with costs one gold mohur in each case....
Prafulla Nath Tagore and ors. Vs. MatabaddIn Mandal and ors.
Court: Kolkata
Decided on: May-07-1917
Reported in: 42Ind.Cas.881
1. This is a Rule calling upon the opposite party to show cause why the order complained of should not be set aside on the grounds stated in the petition. The applicants before us, who are the landlords of the opposite party, were the plaintiffs in a rent suit. They having obtained a decree for rent against the opposite party brought the tenure to sale The tenure having been sold and the decree satisfied, there remained in the hands of the Court a balance representing the surplus of the sale proceeds. Certain arrears of rent having accrued due to the plaintiffs since the institution of the former suit, the petitioners made an application, under the provisions of Section 169 of the Bengal Tenancy Act, for payment to them out of the surplus sale proceeds of those arrears with interest and costs, and the learned Judge of the Court below directed payment of those arrears of rent so accrued due after the institution of the suit out of the surplus sale proceeds but did not direct the payment...
Behari Lall Ghose and ors. Vs. Sindhubala Dassi
Court: Kolkata
Decided on: May-04-1917
Reported in: 41Ind.Cas.878
1. This is an appeal by the defendant in a suit instituted by the respondent for recovery of possession of land upon declaration of title. The land in dispute constituted the occupancy holding of one Nader Chand Ghose who died in 1890. Shortly before his death, he executed on, the 18th March 1890 a deed of gift in favour of his widowed daughter Suchandmukhi Dasi, whereby he professed to transfer the property to her. The document was duly attested and was registered as required by the provisions of the Transfer of Property Act. The donee continued in occupation till her death in 1898, when the present plaintiff, her daughter, came into possession under claim of title by inheritance. In 1910, the defendants forcibly took possession of the land on the allegation that after the death of Nader Chand Ghose the land had passed, to bis widow, and, upon her death, had vested in them as the reversionary heirs (nephews) of the last full owner. On the 29th March 1913, the plaintiff instituted this...
Shib Chandra Banerjee Vs. Surendra Chandra Mondal and ors. and Mahahar ...
Court: Kolkata
Decided on: May-03-1917
Reported in: 41Ind.Cas.759
1. This is an appeal by the plaintiff in a suit for recovery of possession of lands on declaration of title. The lands were originally Chowkidari chakran lands included in a revenue paying estate situated within the jurisdiction of-the Collector of Murshidabad. The chowkidars who were in occupation disappeared many years ago. The Zemindar thereupon appropriated the lands, dealt with them as included in his estate, and settled them with the defendants as tonants. The Subordinate Judge has found that the defendants have been in occupation for many years as tenants, under the proprietor. On the 21st January 1909, the lands were resumed by the Government, and, on the day following, they were transferred to the zemindar in accordance with the provisions of the Village Chowkidars Act, 1870. On the 23rd December 1911, the plaintiff obtained a permanent under-tenure from the zemindar and, on the 3rd October 1912, he instituted this suit for ejectment of the defendants on the ground that they w...
Baneswar Pramanik and anr. Vs. Tarapada Bhattacharjee and ors.
Court: Kolkata
Decided on: May-03-1917
Reported in: 41Ind.Cas.872
1. This is an appeal in a suit to set aside a mortgage-decree and the execution sale consequent thereupon, on the ground that the decree was made under Circumstances which render it inoperative as against the plaintiffs appellants. There is no dispute as to the facts which have given rise to this litigation. The defendants instituted a suit against the plaintiffs to enforce a mortgage-bond alleged to have been executed by their father. When the suit was instituted on the 25th May 1905, the present plaintiffs, then defendants, were infants. The Court directed the plaint to be registered. As the defendants were infants and as the plaintiffs had proposed their mother for appointment as guardian ad litem, the Court recorded an order to the following effect: 'Issue notice to the minors and the guardian, fixing the 17th July for appointment of the guardian.' On the l7th July, the mother did not enter appearance or signify her willingness to accept the office of guardian ad litem of her infan...
Kumud Krishna Mandal and ors. Vs. Jogendra Nath Sircar
Court: Kolkata
Decided on: May-01-1917
Reported in: 41Ind.Cas.511
Fletcher, J.1. This is an appeal by the defendants from a judgment of the learned Subordinate Judge of the first Court of the Twenty-four Pergannahs. The case comes back to this Court after remand. The learned Judge in the lower Court decreed the plaintiff's suit. The plaintiff brought the suit to establish his title to one-third of a particular piece of land, the whole of which was purchased in the year 1886 by the ancestor of the defendants in execution of a money-decree in which, at any rate according to the plaintiff's own case, he himself was one, if not, the sole judgment-debtor. The plaintiff had one brother and a step-brother. The brother's name was Upendra Nath Sircar. Upendra made a Will and died on the 19th June 1882. He left him surviving his widow Kumudini with whom, it is quite clear from the terms of his Will, he was not on good terms and an only child, a daughter Sarmistha Dasi. The case set up by the plaintiff is this: That the property in suit formed a portion of his ...
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