Kolkata Court August 1918 Judgments
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Atal Behary Keora and ors. Vs. Lal Mohan Singha Roy and anr.
Court: Kolkata
Decided on: Aug-22-1918
Reported in: AIR1919Cal75,49Ind.Cas.507
Fletcher, J.In No. 1762 of 1916.1. This is an appeal preferred by the defendants against the decision of the learned Subordinate Judge of Hooghly, dated the 7th March 1916, affirming the decision of the Munsif of the same place. The plaintiffs brought the suit for recovery of possession of certain resumed Chowkidari Chakran lands. The resumption had taken place in the year 1896 97 and in July 1898, under the provisions of the Village Chowkidari Act, the lands were transferred to the Maharaja of Burdwan. The Maharaja of Burdwan on 24th July 1913 settled the property with the present plaintiffs. The defence of the defendants was this: They claimed through a putnidar. They said that the putnidar had a putni lease of the mahal in which this property was situated and that, therefore, this Chowkidari Chakran land, when resumed formed a portion of the land let out by the putni lease and was properly demised to them by the putnidar; and in support of that they attempted to prove as they were b...
Jitendra Gopal Roy and ors. Vs. Matanginti Alias Susamoyi Debya and or ...
Court: Kolkata
Decided on: Aug-22-1918
Reported in: AIR1919Cal215,49Ind.Cas.965
Lancelot Sanderson, C.J.1. This is an appeal from the judgment of the learned Subordinate Judge, by which he has decided in favour of the plaintiffs, and the learned Vakil for the appellant, who is defendant No. 2, has relied upon three points. First of all, he argued that this suit would not lie. The second point he relied upon was that the Deputy Collector had power to make the order which he did under Section 83 of the Estates Partition Act of 1897, and...thirdly, if he failed upon the first two points, then he wishes to rely upon the argument that the suit was barred by the Limitation Act. I will take the second point first, as it is more convenient to deal with that in the first instance. Section 83 provides as follows :When the Deputy Collector finds in a parent estate any land which is held at a fixed rent on a Patni or other permanent intermediate tenure created by all the proprietors of the estate or admitted by all the recorded proprietors to have been so created,' he may mak...
Midnapore Zemindary Company, Limited Vs. Syama Charan Chowdhury and or ...
Court: Kolkata
Decided on: Aug-22-1918
Reported in: 49Ind.Cas.993
Lancelot Sanderson, C.J.1. This is an appeal from the judgment of the learned Subordinate Judge in a rent suit, and it is in respect of rent from the last quarter of 1317 up to Pous quarter of 1319, and the defence is that the defendants have paid rent to the superior landlords in pursuance of an arrangement which they had with one Uakhina Kali Debi who was, at the time the arrangement was made, their immediate landlord.2. Now, the plaintiffs claim as transferees of Dakhina Kali Debi's interest, and the only question that has troubled us in this matter is the question whether the defendants had in fact notice of the transfer from Dakhina Kali Debi to the plaintiffs before they had paid the rent to the superior landlords, because it has been found as a fact that they paid the rent for the period in question to the superior landlords and the learned Subordinate Judge has given a modified decree for sixty rupees per annum, which constitutes the balance due to the defendants' immediate lan...
Rani Shasimukhi Debi and ors. Vs. Parbaty Sunkar Roy Chowdhury and ors ...
Court: Kolkata
Decided on: Aug-22-1918
Reported in: 50Ind.Cas.879
John Woodroffe, J.1. In my opinion Section 18, Schedule II, of the Civil Procedure Code, is not applicable to the circumstances of the present case. The question which is here raised is one which should be determined in the suit itself on an issue whether the arbitration agreement arid proceedings had thereunder constitute a bar to the prosecution of the suit.2. The reply by the respondents is that it is not so barred, because the arbitration proceedings have practically come to an end and cannot any further be carried out. It is said that they cannot be carried out because the arbitrator demands remuneration for his work and that some of the parties refused to pay such remuneration. To determine this question several issues have to be considered. The first is whether the Achalnama contained an implied agreement to pay such remuneration to the arbitrator. If that question is answered in the negative, the next question that arises is, was there or was there not an agreement to pay such ...
Sukhlall Chandanmull Vs. the Eastern Bank, Ltd.
Court: Kolkata
Decided on: Aug-21-1918
Reported in: (1919)ILR46Cal584,58Ind.Cas.641
Sanderson, C.J.1. This is an appeal by the defendants from the judgment of Chaudhuri J., by which he gave judgment for the plaintiffs in respect of the amount of certain bills of exchange and interest.2. The plaintiff Bank is a company incorporated under the English Companies Acts and has a branch office in Calcutta, and the defendants carry on business in Calcutta.3. The bills sued on were 20 in number, 19 were drawn by the defendants to the order of themselves upon Messrs. W.F. Malcolm & Co., London, and were payable three months after sight, and one bill was drawn by the defendants to the order of themselves upon Messrs. C.J. Hambro & Son, London, six months after sight. The bills were drawn against bales of jute which were shipped before the outbreak of war, but the goods were carried in ships and were destined to ports, which, it was assumed on the hearing of the appeal, became after the outbreak of war on the 4th August, 1914, enemy ships and enemy ports and the goods were covere...
Deutsch Asiatische Bank Vs. Hira Lall Bardhan and Sons
Court: Kolkata
Decided on: Aug-21-1918
Reported in: (1919)ILR46Cal526
Sanderson, C.J.1. This is an appeal from a judgment of my learned brother Mr. Justice Chaudhuri; and, the facts may be gathered from the plaint to this effect. A suit was brought by the Deutsch Asiatische Bank, a German Bank, which used to carry on business in Calcutta and is now in liquidation under the orders of the Government of India, and the defendants are Messrs. Hira Lall Bardhan and Sons who carry on business as merchants in Calcutta. The suit was brought in respect of four promissory notes which were made payable on demand, and their respective dates were 4th of June, 1914, 11th of June 1914, 30th June, 1914 and 30th June, 1914. These notes were endorsed to the plaintiff Bank, and it is agreed that the cause of action in respect of the notes, which were payable on demand, arose on the dates of the notes. Consequently, the periods within which a suit or suits in respect of the notes would have to be brought would expire in June, 1917. The suit was brought on the 9th of May, 191...
Aduram Haldar Vs. Nakuleswar Rai Chowdhury and ors.
Court: Kolkata
Decided on: Aug-21-1918
Reported in: AIR1919Cal368,49Ind.Cas.137
1. These three appeals are preferred against the order of the District Judge of Khulna reversing the decision of the Munsif of Bagerhat and directing delivery of possession of certain properties to the decree-holder auction-purchaser in three separate proceedings.2. The first question for consideration is whether an appeal lay to the District Judge against the order of the Munsif. It appears that in execution of certain decrees the decree-holder purchased certain properties and on the confirmation of the sale applied for delivery of possession.3. The appellants objected that they were not the judgment-debtors though bearing the same names, that those properties belonged to them and were not included in the certificate of sale.4. The learned Munsif refused the application of the decree holder auction-purchaser on the ground- that he was not satisfied that the objectors were the judgment-debtors. This order was in effect an order in a proceeding under Order XX. I, Rule 97, of the Civil P...
Firm Standing in the Name of Gour Charan-ganga Charan Saha Vs. Toyebud ...
Court: Kolkata
Decided on: Aug-21-1918
Reported in: AIR1919Cal43,49Ind.Cas.480
1. This appeal is preferred by an execution-creditor in an execution proceeding, the respondent to the appeal who does not appear is' the Receiver in insolvency appointed under the provisions of the Provincial Insolvency Act in a proceeding in which the judgment debtor was adjudicated an insolvent. The question is whether under the provisions of Section 34 of the Provincial Insolvency Act an execution-creditor is entitled to the benefit of certain assets representing property which had been sold prior to the date of the adjudication order. The case is quite clear that these properties excepting the packing oases were sold prior to the institution of the insolvency and that the money, being the proceeds of moveable property, had been realized and paid into Court. In that view of the case, it seems to me that the assets had been realized in the course of the execution by sale or otherwise, as mentioned in emotion 34 of the Provincial Insolvency Act, before the date of the order of adjudi...
Deutsche Asiatesche Bank Vs. Hira Lall Burdhan and Sons
Court: Kolkata
Decided on: Aug-21-1918
Reported in: 47Ind.Cas.398
Lancelot Sanderson, C.J.1. This is an appeal from a judgment of my learned brother Mr. Justice Chaudhuri and the facts may be gathered from the plaint to this effect; a suit was brought by the Deutsche Asiatesche Bank, which is a German Bank which used to carry on business in Calcutta and is now in liquidation under the orders of the Government of India, and the defendants are Messrs. Hira Lall Burdhan and Sons who carry on business as merchants in Calcutta. The suit was brought in, respect of four promissory-notes which were made payable on demand, and their respective dates were 4th of June 1914, 11th of June 1914, 30tfe of June 1914 and 30th of June 1914. These notes were endorsed to the plaintiff Bank, and it is agreed that the cause of action in respect of the notes which were pay able on demand would arise on the dates of the notes. Consequently, the periods within which a suit or Suits in respect of the notes would have to be brought would expire in June 1917. The suit was broug...
Rahamatunnessa Khanam Choudhurani and ors. Vs. Nawab Syed Abdul Sobhan ...
Court: Kolkata
Decided on: Aug-20-1918
Reported in: AIR1919Cal125(1),49Ind.Cas.745
1. In this case there is both an appeal and a Rule, An objection has been taken that no appeal lies and I think that objection should succeed.2. The appeal is, therefore, dismissed without costs.3. Nextly, with regard to the Rule, we should consider whether this is a case in which we should interfere on the Rule which has been granted ; and we think, amongst other grounds, there is the fact that the Court has not addressed itself to the consideration of the case whether there was sufficient cause for the non-appearance of the petitioner. Therefore it is open to us on this Rule to interfere. We think that on the merits the order should be set aside. We accordingly set aside the order and direct that the application for setting aside the ex parte decree be restored.4. We make no order as to the costs of this Rule.5. We should mention that the learned Vakils on behalf of Ahmed Hossein Choudhury, Mahamed Hossein Choudbury and Nopr Mahamed Choudhnry and Syed Altaf Ali Choudhury lake excepti...
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