Kolkata Court January 1918 Judgments
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Jugalpada Dutt Vs. Ganesh Chandra Pal and ors.
Court: Kolkata
Decided on: Jan-04-1918
Reported in: AIR1919Cal507,44Ind.Cas.168
1. This appeal arises out of an order made in the course of insolvency proceedings. One Ganes Chandra Pal was on his own application adjudged an insolvent on the 10th January 1914. On the 11th May 1915 notices were issued to the creditors to prove their claims within a month. The creditors were those mentioned in the list attached to the insolvent's application. Among the creditors was the appellant Jugalpada Dutta. He claimed to be a secured creditor and it appears that in response to the notice to which I have referred, he filed in proof of his claim the mortgage bond executed by the insolvent in his favour together with an affidavit. On the 12th June 1915, another creditor Hridoy Nath Pal presented an application to the District Judge in which he prayed inter alia that the mortgage in favour of the appellant should be annulled under Section 36 of the Provincial Insolvency Act, at any rate that is how we understand the prayer in question. Upon that the District Judge appears to have ...
The Bengal Provident and Insurance Company Ltd. Vs. Kamini Kumar Choud ...
Court: Kolkata
Decided on: Jan-03-1918
Reported in: AIR1919Cal1014,44Ind.Cas.694
1. This is a Rule issued at the instance of the petitioner (The Bengal Provident and Insurance Company Limited) calling upon the opposite party (Kamini Kumar Choudhury) to show cause why the decree of the District Judge of Noakhali, dated the 11th July 1916, should not be set aside or why such other order should not be made as to this Court may seem fit. The matter arises out of a suit brought by the opposite-party upon two policies of life insurance issued by the petitioner Company to his father Ram Gour Choudhury now deceased. It appears that Ram Gour Choudhury the assured, sent proposal forms for those policies from some place in the Chittagong District to the head office of the Company at Calcutta and that the policies were made out in that office and thence despatched to the assured. The assured subsequently died at Baspara in the District of Noakhali and this suit was instituted in the Court of the Local Munsif at Feni in that district. Objection was taken at the trial that the C...
In Re: Balu Brindaban Chandra Das, A. Mukhtear
Court: Kolkata
Decided on: Jan-02-1918
Reported in: 43Ind.Cas.819
1. This is a reference under Section 14 of the Legal Practitioners Act received from the District Judge of Noakhali. The reference concerns a Mukhtear named Brindaban Chandra Das, who has undoubtedly been guilty of unprofessional conduct in connection with the receipt of a Mukhtearnamah from an unauthorised party. It has been repeatedly laid down by this Court that the rules relating to the acceptance of Vakalatnamas and Mukhtearnamas must be scrupulously and punctiliously observed. In this case it appears that there was a suit in which there was a plaintiff and a pro forma defendant named Jaladhar Das. It was a suit on a mortgage and the plaintiff alleged that Jaladhar Das was his servant and that his name had been used in the mortgage transaction as that of a benamidar. The Mukhtear received a Mukhtearnama purporting to have been signed by Jaladhar Das from a Karamachary or agent of the plaintiff who had no authority from Jaladhar Das to deliver the Mukhtearnama to the Mukhtear. Not ...
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