Kolkata Court June 1918 Judgments
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Sheikh Dastur Ali and anr. Vs. Ram Kumar Gope and Sheikh Somir
Court: Kolkata
Decided on: Jun-05-1918
Reported in: 50Ind.Cas.567
Teunon, J.1. In this case the facts found are that in the year 1306, one Somir sold a portion of his non-transferable occupancy holding to one Fazil, that on a subsequent partition between the landlords this Jote, formerly held under Gyanoda Sundari, Abinash Chandra Ray and others, was allotted to the share of the present plaintiff, and that in 1318 Somir surrendered to the new landlord the portion of his Jote which he had previously sold to Fazil.2. On these findings the learned Subordinate Judge has held that the plaintiff-landlord is entitled to recover khas possession from the heirs of Fazil.3. He supports this decision by saying that it was agreed, i, e., that it was provided in the conveyance that Fazil should have his name recorded in the landlord's Sherista as a tenant of the land in suit at a rental of Rs. 2-1-0. In the course of the 12 years that had elapsed after the sale Fazil had failed to secure a settlement or recognition from the landlord and his vendor, the original te...
Abinash Chandra Sarkar and anr. Vs. Atul Krishna Bose
Court: Kolkata
Decided on: Jun-04-1918
Reported in: 48Ind.Cas.678
Lancelot Sanderson, C.J. and Beachcroft, J.1. This was a Rule directed to the District Magistrate to show cause why the conviction of and the sentence passed on the petitioners should not be set aside on grounds Nos. 1 and 3 mentioned in the petition. Those grounds were as follows : '1. For that the conviction under Section 379, Indian Penal Code, is bad in law and not sustainable on the facts and circumstances proved in the case 3. For that the petitioners having acted bona fide in the exercise of their civil rights, the conviction is bad in law.'2. Both the petitioners were convicted under Section 379, the allegation being that they cut and stole some ripe paddy which had been grown on 5 or 6 bighas of land which were in the possession of the complainant, one Atul Krishna Bose.3. The facts of the case may be shortly stated as follows : One Aswini Kumar Palit went into possession of the land in question in 1906: the complainant Atul Krishna Bose obtained a decree for possession agains...
isabali and anr. Vs. Bhagaban Chandra Shaha
Court: Kolkata
Decided on: Jun-04-1918
Reported in: AIR1919Cal1058,46Ind.Cas.881
Fletcher, J.1. This is an appeal by the defendants-appellants against an order of the learned Additional District Judge of Tipperah, dated the 19th July 1916, refusing to restore an appeal which had been dismissed for default. The case is a very simple one. This appeal was filed in the Court of the District Judge and registered on the 25th September 1915. After having the normal run, it was transferred on the 31st January 1916 to the 61e of the Second Subordinate Judge for disposal. Several adjournments were then taken until we come to the 26th June 1916, when the appeal was adjourned till the 17th July for hearing. On the 11th July 1916, without notice to any party, the case by the order of the District Judge was transferred from the file of the Second Subordinate Judge to that of the Additional District Judge. On the 17 th July the case was taken up by the learned Additional District Judge and dismissed, as neither party was present. Then, an application was made the very next day to...
Banomali Dutta and ors. Vs. Lalit Mohan Ghoshal
Court: Kolkata
Decided on: Jun-04-1918
Reported in: AIR1919Cal1006(1),47Ind.Cas.152
Fletcher, J.1. This is an appeal by two of th6 judgment-debtors, who have been adjudicated insolvents, against the decision of the learned District Judge of Hoogly, affirming the decision of the Subordinate Judge at Howrah. These judgment-debtors appeal with reference to certain property that the learned District Judge, agreeing with the Subordinate Judge, has found to have been fraudulently concealed from the creditors and the Official Receiver. That obviously they cannot do. If this property belonged to the insolvents, then they were bound to disclose it and, under the provisions of Section 16 of the Provincial Insolvency Act, that property vested in the Official Receiver. If it was not the property of the insolvents, of course, they had no right to appeal as regards thereto. In this case, if anybody has got a right of appeal, he is the Official Receiver who is quite satisfied with the means by which this decree-holder has managed to discover and recover this property from the fraudu...
Rash Mohan Saha and anr. Vs. Kristo Das Roy and ors.
Court: Kolkata
Decided on: Jun-04-1918
Reported in: 47Ind.Cas.412
1. This appeal arises out of a suit brought on a mortgage-bond. The mortgage-bond was executed by defendants Nos. 1 to 3 in favour of the plaintiff on the 16th Falgoon 1318, to secure the payment of a sum of Rs. 16,000. The defendants Nos. 4 to 6 in the suit were the purchasers of the mortgaged properties in execution of a money-decree obtained by them against the mortgagors subsequent to the execution of the mortgage-bond. The learned Subordinate Judge has found that in fact defendants Nos. 1 to 3 owed to the plaintiff on the date of the bond the amount secured thereby, and he has made against them a money-decree for the amount claimed in the suit, a sum of Rs. 6,000. He has dismissed the suit as against defendants Nos. 4 to 6 on the ground that the bond in fact represents a fraudulent preference given by defendants Nos. 1 to 3 to one creditor, namely, the plaintiff, over others, or in other words, that the bond was executed not so much to secure re-payment to the plaintiff as to prot...
Satish Mohini Debya and ors. Vs. Pabna Bank Limited
Court: Kolkata
Decided on: Jun-04-1918
Reported in: 47Ind.Cas.907
Fletcher, J.1. This is an appeal by the representative, the widow, of a deceased judgment-debtor against the order of the learned first Subordinate Judge of Pabna, dated the 10th July 1916, directing execution to issue in respect of a certain decree. The matter is an extremely simple one if we take the material facts and confine our attention to them. The husband of the appellant was a party to a mortgage in favour of an institution called the Pabna Bank, Limited which is a financial institution, I am told, constituted of th0e local lawyers practising at Pabna. That mortgage was dated the 16th June 1908. It is stated that nine days before the mortgage, the husband of the appellant, that is the judgment debtor Basant Kumar Roy, executed a deed of gift of one of the properties in the town of Pabna in' favour of his wife, the present applicant. Be that as it may, the Pabna Bank, Limited, instituted in the year 1908 a suit on their mortgage. They obtained a decree on the 15th February 1909...
Kasiswar Goswami Vs. AmiruddIn Alias Zukka Gazi
Court: Kolkata
Decided on: Jun-04-1918
Reported in: AIR1919Cal652(1),47Ind.Cas.14
Fletcher, J.1. This is an appeal by the defendant against the decision of the learned Officiating Subordinate Judge of Tipperah, dated the 9th September 1916, reversing the decision of the Munsif of Comraillah. The suit was brought by the plaintiff to set aside a decree on the ground that it was obtained by fraud. It is not quite clear from the conclusion arrived at by the learned Judge what exactly he intended to find with regard to the fraud that is alleged to, have been committed in the former suit. First of all, as far as I can gather, the learned Judge seems to have held that there was actual service of the summons in the former suit on the plaintiff. The learned Judge has not found whether, if it was so served, the present plaintiff was prevented by any sufficient cause from appearing when the former suit was brought on for bearing. If he was so prevented, the fact that he had been served with the notice Would be considerably discounted, as lifts been held in some cases notably i...
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