Kolkata Court March 1919 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Abdul Rashid Mandal Vs. Shaharali Molla
Court: Kolkata
Decided on: Mar-19-1919
Reported in: (1919)ILR46Cal1032
Chatterjea and Panton, JJ.1. These appeals arise out of suits for rent brought by the plaintiffs who were non-permanent tenure-holders against the defendants.2. The defence, so far as concerns these appeals, was that the plaintiffs' right as tenure-holders had come to an end in consequence of a decree for ejectment which had been obtained against them by the superior landlord, Maharaja Sir Pradyot Kumar Tagore, and in execution of which the Maharaja had obtained possession of the tenure against the plaintiffs.3. It appears that the present plaintiffs who were the defendants in the suit for rent brought by the superior landlord did not pay the amount within fifteen days of the decree. After the appeal was filed the execution proceedings taken by the Maharaja were stayed by the Court of Appeal below allowing the defendants (present plaintiffs) to deposit the decretal amount within 15 days, but they did not do so.4. Possession of the tenure was delivered to Maharaja in execution and the a...
Rajat Kamini Debi and ors. Vs. Raja Satya Niranjan Chakrabarty
Court: Kolkata
Decided on: Mar-19-1919
Reported in: AIR1919Cal822,53Ind.Cas.587
Fletcher, J.1. This is an appeal preferred by the defendants Nos, 5, 8 and 9 against the decision of the learned District Judge of Birbhum, dated the 1st of June 1917, affirming the decision of the Munsif at Suri. The suit was brought by the plaintiff as an assignee to recover a certain sum and the value of certain rice payable and deliverable to a Hindu widow. The widow, whose name is Srimati Provash Kamini Debi, in consideration of releasing her life---interest in her husband's properties obtained from her two: brothers in-law---brothers of her deceased husband---a document which is called a khorposhnama, that is, a deed of maintenance. Under the terms of that document, she was entitled to receive the sum of Rs. 100 per annum in cash and 39 maunds of rice. The plaintiff purchased from that Hindu widow, who was the defendant No. 7 in the suit, this right. Under the khorposhnama, the properties set out in the schedule to the plaint were charged with the payment of the sum and rice paya...
Amullya Charan Dawn Vs. Askari Kazi and ors.
Court: Kolkata
Decided on: Mar-19-1919
Reported in: 51Ind.Cas.554
Fletcher, J.1. The only question involved in this appeal is this: Is a mortgagor entitled to the contractual rate of interest where it is not shown that he dominated the will of the borrower and where it is not shown that there was any undue influence or coercion? I am clearly of opinion that he is. The recent decisions of the Privy Council show quite clearly that if facts are established to bring the case within the provisions of the Indian Contract Act, then the mortgagee is entitled to the contractual rate of interest. The fact that the interest would run up to a large sum owing to the borrower having failed for a period of 4 years to repay the principal or to keep down the interest, does not seem to be any sufficient ground for holding that the lender had dominated the will of the borrower. We must allow this appeal and direct that, in calculating the amount due upon the mortgage, interest be calculated and allowed at the rate provided for by the contract between the parties in the...
Srimati Hemaprova Mozumdar Vs. Debendra Nath Basu and ors.
Court: Kolkata
Decided on: Mar-19-1919
Reported in: AIR1919Cal251(1),51Ind.Cas.953
Fletcher, J.1. The only matter urged in this appeal is this:--The plaintiff brought the suit for khas possession of certain land--not within but on the borders of the Noakhali Municipality. What has been found is this: The property is what is locally known as osat raiyati interest. That osat raiyati interest was granted to a gentleman named Foranet--which seems to be a French extraction--for the purpose of erecting a house. It was granted to him and was made heritable. The document was registered. But the document is silent as to whether the persons acquiring the osat raiyati interest obtained or did not obtain the right of transfer and, therefore, apart from local usage, having regard to the fact that the contract said nothing about transfer, under Section 103(j) of the Transfer of Property Act, the lessee would have the right of transferring, either absolutely or by way of mortgage, the interest created by this instrument granting the osat raiyati interest. The learned Judge has foun...
Abdul Rashid Mandal and ors. Vs. Shaharali Molla
Court: Kolkata
Decided on: Mar-19-1919
Reported in: 54Ind.Cas.659
1. These appeals arise out of suits for rent brought by the plaintiffs, who were non permanent tenure-holders, against the defendants.2. The defence, so far as concerns these appeals, was that the plaintiffs' right as tenure-holders had come to an end in consequence of a decree for ejectment which had been obtained against them by the superior landlord, Maharaja Sir Pradyot Kumar Tagore. and in execution of which the Maharaja had obtained possession of the tenure against the plaintiffs.3. It appears that, the present plaintiffs, who were the defendants in the suit for rent brought by the superior landlord, did not pay the amount within fifteen days of the decree. After the appeal was filed, the execution proceedings taken by .the Maharaja were stayed by the Court of Appeal below allowing the defendants (present plaintiffs) to deposit the decretal amount within 15 days, but they did not do so.4. Possession of the tenure was delivered to the Maharaja in execution and the amount was reali...
Kali Charan Singha and ors. Vs. Kiranbala Debi and ors.
Court: Kolkata
Decided on: Mar-18-1919
Reported in: 51Ind.Cas.948
Chaudhuri, J.1. I think that the plaintiffs in this case can sue for partition of the dwelling house. No doubt ordinarily according to the cases of this Court there cannot be a partial partition, but the rule is elastic and has in several cases been departed from. It has not been shown that it is inconvenient to partition the dwelling house separately. On the other hand, it seems to be capable of being partitioned without affecting the other properties at all or the interests of the parties. The parties are making separate collections with regard to the Mehals to which they are entitled. There is a question with regard to this house about a right of residence in it claimed by defendant No. 2. Admittedly she has a right of residence in that property and what portion should be allotted to her has to be tried and determined in her presence, in consequence of which she has been made a party to this suit. She is not interested in any other property belonging to the co-sharers. Their shares ...
The Chairman of the Cossipore and Chitpore Municipality Vs. the Corpor ...
Court: Kolkata
Decided on: Mar-18-1919
Reported in: 54Ind.Cas.337
Ernest Fletcher, J.1. This appeal comes before us under the provisions of Clause 15 of the Letters Patent owing to a difference of opinion between Chatterjea, J., and Walmsley, J.2. The Corporation of Calcutta instituted the suit for the declaration that the valuation and assessment made by the Cossipore Chit-pore Municipality of a holding owned and occupied by the Calcutta Corporation at an annual value of Rs. 25,000 was ultra vires and illegal.3. The Calcutta Corporation own a holding No. 1, Khelat Babu's Lane, containing 16 bighas odd at Tallah within the limits of the Cossipore-Chitpore Municipality on which there has been erected an overhead steel tank supported by steel columns and girders. The tank was constructed in connection with the supply and distribution of filtered water to Calcutta.4. The pumping house is situate at No. 71, Barraokpore Road, adjoining the holding No. 1, Khelat Babu's Lane. Under the terms of the proviso to Section 6, Sub - section '3, the two holdings ou...
Srimati Basini Dasi Vs. Krishna Lal Chatterjee
Court: Kolkata
Decided on: Mar-17-1919
Reported in: AIR1919Cal186,51Ind.Cas.1007
Ernest Fletcher, J.1. This appeal is preferred against the decision of the learned District Judge of Birbhum, dated the 5th January 1918, and it arises out of an application that was made by the respondent to the Court of the District Judge propounding a certain document which he alleged was the last Will of a deceased Hindu, named Ram Ranjan Chowdhury. The Will is stated to bear date the 29th December 1912 and the death of the testator took place on the 30th December 1912 The Will was not propounded in the Court of the District Judge until the 11th July 1917. The learned Judge, having heard such evidence as was offered before him, came to the conclusion that the Will was genuine, and, therefore, he granted Probate of it. Against that decision, this appeal has been preferred.2. The respondent to the appeal is not a relation of the dead man, Ram Ranjan. The relationship subsisting between them was purely one of a spiritual nature--the respondent being the spiritual guide of the deceased...
Sachindra NaraIn Sah Vs. Hironmoyee Dasi
Court: Kolkata
Decided on: Mar-17-1919
Reported in: 59Ind.Cas.435
1. This is, an appeal from the decision of the District Judge of Dacca, dated the 8th of August 1917.2. The real paint at issue is, whether the citation served upon a minor in an uncontested Probate proceeding by serving it upon her husband after the husband has been appointed her guardian in the proceeding is bad because the husband was appointed guardian without his consent.3. The facts are shortly as follows:On the 10th August 1914 one Mohendra Narain Saha died leaving a Will, dated the 14th Sravan 1321 B.S., corresponding to 30th July 1914. He left him surviving a widow, Mrinalini Dabya, and a daughter, Hironmoyee Dasi. On the 11th November 1914 Mrinalini applied for Probate of the Will, The petition states that the testator had two near relatives, namely, Hironmoyee Dasi, minor wife of Susan Bahari Ray, residing at 13, Nather Bagan Street, Calcutta, represented by her husband Susen Behary Ray, residing at the same place, and also a sister's son named Jotindra Nath Saha. Upon the s...
Mobarak Ali and anr. Vs. Emperor
Court: Kolkata
Decided on: Mar-14-1919
Reported in: 53Ind.Cas.929
Syed Shumsul Huda, J.1. Mobarak Ali and his son Subban Ali were placed on their trial before the Sessions Judge of Barisal on charges framed under Section 302, Indian Penal Code, for having caused the death of, one Azmat Ali. The Judge, agreeing with both the Assessors, convicted the accused of the offence charged and sentenced them to transportation for life. Against the conviction and sentence this appeal has been preferred by both the accused.2. The case for the prosecution mainly rests on the confessions made by the Accused and as the learned Judge has himself said, apart from these there is practically no case Whatever We have, therefore, to consider first of all whether these confessions were voluntary or whether they were the result of any inducement or threat. The Assessors found the accused guilty and apparently they believed the confessions to be true, bat they gave no indication of their opinion on the Question whether the confessions were or were not voluntary.3. The circum...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- Next ›
- Last »