Kolkata Court June 1917 Judgments
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Kalan Singh and ors. Vs. the Secretary of State for India in Council
Court: Kolkata
Decided on: Jun-07-1917
Reported in: 41Ind.Cas.682
1. This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Digambar Chatterjee in a suit for recovery of possession of land upon declaration of title. The plaintiff-appellant held a tenancy under the Government in respect of a tract of 38 bighas of land, which abutted on a river. In 1906, 17 bighas were diluviated by the action of the river. The tenant, thereupon, approached the Government with an application for reduction of rent, and prayed that he might be required to pay at the rate of Re 1 instead of Rs. 3 per bight in respect of the lands washed away. The Collector de clined to accept the suggestion and intimated to the plaintiff that if he desired to retain his title to the area submerged, he must continue to pay the full rent therefor. The plaintiff thereupon offered to surrender the diluviated area. This was accepted by the Collector, with the result that the rent was abated accordingly. The lands diluviated, however, re-appeared the very next ...
Bagha Mowar and ors. Vs. Ram Lakhan Misshra and ors.
Court: Kolkata
Decided on: Jun-07-1917
Reported in: 41Ind.Cas.804
1. This is an appeal under Clause 15 of the Letters Patent from a judgment of Mr. Justice Roe in a suit for recovery of arrears of rent. One of the questions in controversy between the parties related to the amount of rent payable in cash. The Court of first, instance decreed the claim in full. The Subordina e Judge on appeal modified that decree and allowed the plain iff a decree at the rate admitted by the defendants. Before the Subordinate Judge, as before the Trial Court, reliance was' placed upon a petition of compromise filed in a previous suit, for arrears of rent. This document embodied an agreement to pay Rs. 139-2 0, as rent for an area of 35 bighas. A question was thereupon raised, whether the document was admissible in evidence. The Trial Court came to the conclusion that it was admissible in evidence. The Subordinate Judge took the contrary view. There can be no doubt that the opinion of the Subordinate Judge is supported by the decision of a Full Bench in Lalit Mohan Ghos...
Lalit Mohan Chakravarty and ors. Vs. Harendra Kumar De and ors.
Court: Kolkata
Decided on: Jun-06-1917
Reported in: 40Ind.Cas.736
Teunon, J.1. In this case it appears that on a complaint made in accordance with the provisions of Section 5(c) of the Eastern: Bengal and Assam Disorderly Houses Act, 1907, proceedings Or prosecutions under Section 3 were taken against the owners and occupiers of houses Nos. 7, 25 and 26 of a certain lane in the city of Dacca. On the enquiry held in accordance with the provisions of Section 3 of the aforesaid Act, the enquiring Magistrate found that as a matter of fact the houses in question were used as brothels, as disorderly houses and for the purpose of habitual prostitution to the annoyance of the inhabitants of the vicinity, that is to say, in contravention of the provisions of Section 2(6) of the same Act. He thereupon directed that such, use of the houses in question should be discontinued within fifteen days from the date of the order. The persons affected by the order moved the Additional District Magistrate of Dacca and obtained from him an order by which he practically sta...
Sujal Biswas and anr. Vs. SamiruddIn Mandal
Court: Kolkata
Decided on: Jun-06-1917
Reported in: 46Ind.Cas.515
1. This Rule is directed against an order by which the prosecution of the petitioners under Section 188, Indian Penal Code, has been directed. The order, which it is said has been disobeyed was one under Section 144, Criminal Procedure Code, and is in these terms: I, therefore, issue an order of injunction directing them, (that is to say the persons named at the head of the proceedings), not to make any disturbance over Hematulla's rights of the said ferry. It is said that after the date of this order, namely, the 4th January 1917, the two petitioners were found plying a ferry not being Hemat-ullah's ferry, at the site in question. There is, however, no suggestion that they were in any sense creating a disturbance. That being so, we think that this prosecution must be infructuous. We, therefore, set aside the order complained of and make this Rule absolute.2. With reference to the explanation that has been submitted by the District Magistrate we desire to point out to him, that when th...
Pundit Rakhal Chandra Tewari Nayaratna Vs. Manaranjan Das Auction-purc ...
Court: Kolkata
Decided on: Jun-01-1917
Reported in: 41Ind.Cas.753
Fletcher, J.1. This is an appeal preferred by the judgment-debtor against an order of the learned District Judge of the 24-Pergannahs, dated the 28th January 1916, reversing the decision of the Munsif at Alipur. A preliminary objection has been taken that no second appeal lies to this Court from the order of the learned District Judge having regard to the terms of Section-104 10 Ind. Cas. 801 : 38 C. 622 : 15 C. W. N. 875 : 14 (J. L. J, 300., Cede of Civil Procedure. I think that that objection is well founded. The matter is not res integra. It has been held in the case of Raj Mohan Pal v. Gobinda Chandra Pal 14 Ind Cas. 53 : 17 C. W. N. 524. and also in the case of Bhadreswar Goloi v. Bishnu Charan Sen 8 Ind. Cas. 3 : 17 C. W. N. 525 note. reported in the footnote Refers to 17 C. W. N. 524.---Ed. of the same case that no second appeal lies to this Court under the present Code against an order of this nature. Against that the learned Vakil for the appellant has referred to the decision...
Kumar Satya Sankar Ghosal Bahadur Vs. Mon Mohon Guha Roy and ors.
Court: Kolkata
Decided on: Jun-01-1917
Reported in: 43Ind.Cas.996
N.R. Chatterjea, J.1. The main question involved in this appeal is whether in the case of a patni talak being sold in execution of a decree for rent under the provisions of the Bengal Tenancy Act, the zemindar has a first charge on the surplus sale-proceeds in respect of decrees for rent for earlier periods.2. It appears that the defendants-appellants who are the zemindars obtained a decree for rent against the patnidars for the years 1303 to 1306 on the 26th June 1900 for Rs. 4,792. Then on the 11th July 1904 they obtatned another decree for Rs. 2,368 for the years 1337 to 1309 and a third decree for Rs. 8,763 for the years 1309 to 1312 on the 29th April 1909. The patni taluk was sold in execution of the third decree, dated the 29th April 1909, free of all incumbrances and purchased by one Durga Charan on the 11th March 1910 for Rs. 40,150 and the sale was confirmed on the 13th May 1910. The defendants appropriated out of the sale-proceeds Rs. 10, 626 due to them under the third decre...
The Metropolitan Engineering Works Vs. Walter Eugene Debrunner
Court: Kolkata
Decided on: Jun-01-1917
Reported in: 45Ind.Cas.305
Greaves, J.1. The short point which arises for decision in this suit is the meaning of the words 'up to Wednesday' contained in a letter, dated the 12th May 1917, and addressed by the defendant to the plaintiff Company and whereby the defendant offered to sell to the plaintiff Company his Motor Car in these words: 'Nevertheless I am quite willing to hand over the Motor Car to you against a oheqneof Rs. 3,120,--Rs. 3,000 being the costs of the Car and Rs. 120 interest. As I intend advertising the Car unless you wish to have it, please understand that my offer only holds good up to Wednesday next, as the time I have is limited.' It is not disputed that the plaintiff Company some time on Wednesday the 16th May tendered Rs. 3,120 in Government Currency Notes to the defendant and asked for delivery of the Car in accordance with the offer contained in the letter of the 12th May. The defendant, however, refused the tender contending that his offer expired at midnight on Tuesday, May 15th, and...
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