Kolkata Court July 1917 Judgments
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Sudhir Chunder Sett and anr. Vs. Sped Abdulla-ul-musavi and ors.
Court: Kolkata
Decided on: Jul-06-1917
Reported in: 48Ind.Cas.520
John Woodroffe, J.1. This is a suit on a mortgage, dated the 15th of April 1902, executed by one Syed Moulvi Saderuddin Ahmed and his wife Sayadani Aimana Bibi in favour of Srimati Kadambini Dasi and Srimati Mrinalini Dasi. The 1st plaintiff is the sole executor of Srimati Kadambini Dasi. Rs. 4,000 and the security was the house Rs. 4 000 and the security was the house No. 10, Wellesley Square, in Calcutta, and a piece of rent-free land, one bigha in area, in Bohar in the district of Burdwan, butted and bounded in the manner stated in the first paragraph of the plaint.2. The Muhammadan defendants are the representatives of the mortgagors. The defence of one of them is that his father the mortgagor, and his step-mother! Sayadam Amana Bibi, never had any rent-free land (measuring one bigha or otherwise) in Bohar in Pergana Banihati in the District of Burdwan; as referred to in the first paragraph of the plaint and described in the deed of mortgage He denies that there was any such plot o...
Radhanath Kaibarta Vs. Emperor
Court: Kolkata
Decided on: Jul-06-1917
Reported in: 46Ind.Cas.689
1. This Rule is directed against the conviction of the petitioner under Section 3 of the Private Fisheries Act II of 1889. It has been found and it apparently is not disputed that the petitioner did, as a matter of fact, fish in a a certain fishery spoken of as river Jaldiar. But the essential question in the case was whether this river Jaldiar appertained to a certain khas mahal spoken of as Banihala or whether it appertained to the adjoining mouzah belonging to certain Chowdhuries of Sherpur, in other words, the question really was where should the boundary line between these two properties be drawn. We are of opinion that the question of the true boundary in the first place, and in the second place the question of the bona fides of this petitioner, who, it appears, was acting under certain ijaradars who had obtained a lease from, the Chowdhuries of Sherpur, have not been properly investigated.2. In the first place the Deputy Magistrate says that the parcha, which has been produced, ...
Sudhir Chandra Das and anr. Vs. Kamal Chandra Dutta and ors.
Court: Kolkata
Decided on: Jul-05-1917
Reported in: 41Ind.Cas.503
Chitty, J.1. These are 18 appeals filed by Sudhir Chandra Das, the infant adopted son of Srish Chandra Das, through his guardian ad litem Mr. A. C. Baherjee, and by Mr. K. B. Dutt, Receiver of the estate of Srish Chandra Das, against as many decrees of the First Subordinate Judge of Dacca. The 18 suits were heard by the Subordinate Judge and disposed of by him in one judgment. The main questions are common to all these suits but there are points peculiar to some of them which must be separately dealt with. The Subordinate Judge has held the estate of Srish Chandra Das responsible for the debts claimed in these 18 suits, absolving the executors from personal liability. It will be convenient to deal first with the questions which are common to all the suits and then to deal with any points peculiar to any one or more of them.2. The fads are not seriously disputed. Srish Chandra Das was a zemindar and Banker carrying en business at Dacca and elsewhere. He had inherited the business from h...
Fanindra NaraIn Roy Vs. Kachheman Bibi and ors.
Court: Kolkata
Decided on: Jul-05-1917
Reported in: 41Ind.Cas.673
1. This is an appeal by the plaintiff in a suit instituted on the 26th February 1906 to enforce a mortgage executed in his favour on the llth April 1893 by four members of a Mubammadan family, by name Sadan, Bdu, Badruddin and Lakhu. The suit has now lasted for more than eleven years and has had a chequered career. It was dismissed by the Subordinate Judge on the ground that there was no legal consideration for the mortgage. The decree was confirmed by the District Judge on appeal. On second appeal to this Court, Brett and Sharfud-din, JJ., held that the view which had commended itself to both the Courts below was erroneous in law. The mortgage had been executed in lieu of a prior mortgage granted by Sadan in 1884 in circumstances, which may be briefly narrated. At a sale held in 1880, in execution of a decree against some members of the family, their properties were sold and passed into the hands of the mortgagee. They supplicated lo him to re-transier to them for a sum of Rs. 300 the...
Bhupendra NaraIn Dutt and ors. Vs. Kumar Manmotha Nath Mitter and ors.
Court: Kolkata
Decided on: Jul-05-1917
Reported in: 41Ind.Cas.859
Fletcher, J.1. This is an appeal by the defendants Nos. 1 and 3 against a judgment of the learned District Judge of the 24-Pergunnabs reversing the decision of the learned Additional Subordinate Judge of the same place. The suit was a suit for the recovery of certain rent in arrears and it was brought by the plaintiff as a co-sharer of a tenure of 900 bighas of land held out of Lot No. 41 in Touzi No. 1466 in the Sunderbunds. Two points have been raised in this appeal. The first point is that there was no evidence on which the learned District Judge could find that it was a separate tenure of 900 bighas held out of Lot No. 41 at an annual rent of Rs. 420. We have been taken through a considerable amount of documentary evidence which has been read before us. The question in a case like this is not whether we should arrive at the same conclusion as the learned Judge, but the question is whether the learned Judge had before him evidence which entitled him to arrive at the conclusion that ...
Ashraf Ali Vs. Emperor
Court: Kolkata
Decided on: Jul-05-1917
Reported in: 43Ind.Cas.241
Teunon, J.1. In this case the appellant before us has been convicted under Section 302 of the Indian Penal Code and sentenced to transportation for life. The trial was by Jury and in finding the appellant guilty, the learned Judge has agreed, with the majority in their verdict. We have anxiously considered this case and have come to the conclusion that there are defects in the trial which render it necessary to set aside the conviction and sentence and direct a re-trial. In the first place, there is evidence that at the place spoken of as Bharamba the appellant left the boat now in question with the clerk Jogendra at about 6 to 7 P.M. and followed the latter upto Munsihat, a distance of some 1 1/2 to 2 miles from the ghat. It is not clear from the record of the heads of charge that this portion of the evidence was brought specially to the notice of the Jury. At the same time it would seem to be clear that the appellate could be convicted only if the Jury were satisfied that the appella...
Sultan Ahmad Vs. Srimati Safra Khatun
Court: Kolkata
Decided on: Jul-05-1917
Reported in: 43Ind.Cas.17
1. This appeal arises out of a suit for restitution of conjugal rights by a Muhammadan against his wife.2 It appears that before the marriage, there was a kabinnamah, some of the terms of the kabinnamah being that in case of quarrel between the wife and the members of the husband's family, he should build a separate house for her in the village, that he would give her some ornaments and pay her prompt dower on demand and that he would not marry a second wife without her consent. It was further agreed that on breach of any of the conditions, the wife would be entitled to divorce the husband. It is found that the husband did take a second wife without the consent of the defendant, his first wife, that there was quarrel between the members of the plaintiff's family and the wife and that, in, spite of the latter haying given notice to the husband to provide her with a suitable house, he did not comply with the request.3. Under these circumstances, the learned District Judge was right in ho...
Shiba Prasad Roy Chowdhury Vs. Samarbndra Nath Bose and ors.
Court: Kolkata
Decided on: Jul-04-1917
Reported in: 41Ind.Cas.431
Fletcher, J.1. This is an appeal by the plaintiff to recover rent in respect of certain lands in the Sunderbunds held under a lease by the defendants. The plaintiff claims as the landlord. The case made out is this: The plaintiff's predecessor obtained a lease from the Government for 99 years. That predecessor was named McDougall. McDougall's interest pissed to the plaintiff's father and his co-sharers. Owing to certain amicable partition proceedings that took place between the members of the plaintiff's family, the Sunderbunds property had fallen to the lot of the plaintiff. The plaintiff's title is not in contest. Prior to this amicable partition, certain portion of the land which was covered by the lease from the Government to McDougall was on the 31st July 1901 sublet by the plaintiff's mother and the other co-sharers belonging to the plaintiff's family in permanent lease to Jiwan Krishna Ghose and others, the area leased out being 4,000 bighas. Then followed a resumption by the Go...
Balakeshwari Dabi Vs. Janananda Banerjee
Court: Kolkata
Decided on: Jul-04-1917
Reported in: 41Ind.Cas.610
1. We are invited in this Rule to set aside an order, whereby the Subordinate Judge has refused an application for the issue of a commission for the examination of the petitioner, who is a pardanashin lady, The petitioner moved the Court below to institute proceedings under the Legal Practitioners Act against the opposite party, who is alleged to have acted as her Pleader. On the 6th June last, she applied to be examined on commission in support of her allegations. The application was opposed on the ground that as the applicant had appeared before the Criminal Court on the 2nd June to institute a complaint against one Bhakta Das, she should appear before the Subordinate Judge and be examined in Court. The Subordinate Judge thereupon refused the application. In our opinion the order cannot possibly be supported.2. Section 132, Sub-Section 26 C. 651 : 3 C. W. N. 750 : 13 Ind. Dec. (N.S) 1018, of the Civil Procedure Code, 1908, provides that women, who, according to the customs and manner...
Abdul Rahman Kazi and ors. Vs. Baikunta Nath Roy Chowdhury and ors.
Court: Kolkata
Decided on: Jul-04-1917
Reported in: 41Ind.Cas.757
1. This is an appeal under Clause 15 of the Letters Patent, from a judgment of Mr. Justice Mullick, in a suit for recovery of possession of land, upon declaration of title, by purchase of an entire estate sold for arrears of revenue. The case for the plaintiffs is that on the 25th March 1897, they purchased the estate at a sale for arrears for revenue, and that the disputed lands, though comprised therein, have been wrongfully retained by the defendants. The contending defendants disclaim title and possession in a large number of parcels set out in the ninth paragraph of their written statement filed on the 10th February 1909: the other plots, they allege, never constituted the mal lands of the estate purchased by the plaintiffs. They assert, on the other hand, that they have been in possession of those lands under a revenue free grant made in the year 1731. The suit was decreed in the Court of first instance, in respect of all lands other than 34 bighas, in which, it was held, the def...
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