Kolkata Court May 1919 Judgments
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Shiba Prosad Jana and anr. Vs. Hati Maitt
Court: Kolkata
Decided on: May-20-1919
Reported in: 53Ind.Cas.585
1. This appeal is against an order refusing an application to sat aside the abatement of an appeal which was pending before the Subordinate Judge of Midnapore.2. The appellant died on the 8th June 1917 and six months expired on the 8th December of that year. No application for substitution having been made within that period, an order of abatement was made on the 21st December and the present application was made on the 7th of January 1918.3. The main ground upon which the application was that the appellants' agent Surja Narain, who had been sent for making an application for substitution, on the 6th December 1917, in collusion with the respondents, did not make the application and further that he informed the petitioners that the application had been made by him. The petitioners say that subsequently they came to know of this fraud and then they made the application.4. The Subordinate Judge has not made any inquiry into these allegation?, but disposed of the application on the ground ...
Joy Chandra Dutta Vs. Sarajubala Debi and ors.
Court: Kolkata
Decided on: May-20-1919
Reported in: 55Ind.Cas.261
Chaudhuri, J.1. A preliminary point was taken in this appeal that as the suit was brought on behalf of the plaintiffs, who are wards under the Court of Wards, without such authority as is required by Section 55, Act IX of 1879, B.C., it should have been dismissed. It was also urged that, even if it were held that the manager had properly instituted the suit to save limitation under the first proviso of that section, the Court should not have proceeded with it without sanction, which was only obtained on the 17th July 1917 and filed on the 19th July 1917, when all the evidence on both sides bad been taken and argument heard in part. The suit was instituted on the 17th September 1914, defendants Nos. 2, 3 and 4 appeared on the 6th November 1914 and defendant No. 1 a little later. They filed their written statements in April and May 1915. Issues were settled in August 1915. A commission for local enquiry was issued in January 1916. It was returned executed in June 1917. Examination of wit...
Meher Ali Khan Vs. Srimati Aroatannessa Bibi and ors.
Court: Kolkata
Decided on: May-20-1919
Reported in: 67Ind.Cas.167
Syed Shamsul Huda, J.1. This appeal arises out of a suit for joint possession on declaration of title. Plaintiff alleged that the land described in schedule ka of the plaint belonged to her grandfather and that upon his death by a partition among his heirs her father Gholam Hossain got the whole of plot kha. She accordingly as the daughter of Gholam Hossain claimed her legal share of this plot according to the Muhammadan Law of inheritance. It has not been disputed that if plot kha belonged exclusively to Gholam Hossain, plaintiff is entitled to the share claimed by her. Defendant No. 2 who contested the suit on the plea that he had purchased the land in suit from defendant No. 3, admitted that this plot had fallen exclusively to the share of Gholam Hossain upon partition but alleged that Gholam Hossain subsequently exchanged this plot with defendant No. 3 and received from her in exchange another piece of land that had fallen to her share. The learned Munsif found that the land on par...
Hemanta Kumar Pathak and Promotha Nath Bagchi Vs. Emperor
Court: Kolkata
Decided on: May-20-1919
Reported in: 58Ind.Cas.455
Walmsley, J.1. These two appeals have been heard together as the two appellants were tried and convicted in the same trial.2. The facts are as follows. Pramatha Nath Bagchi (appellant in Appeal No. 217) was employed in the post office at Rajbari. He boarded with the family of Hemanta Kumar Pathak (appellant in Appeal No. 216). On the evening of October 11th while the post office staff was still at work, there was a cry of 'fire' and smoke was seen coming from the post master's kitchen. There was a rush to the place, and Framatha was ordered to retrain in charge of the office. Shortly afterwards it was discovered that several insured and registered covers were missing. The same evening the missing covers or their contents were found in the shop of Shyama Charan Madak. The two appellants were arrested, and about midnight they made statements to the Sub Deputy Magistrate; the general effect of those statements was that Hemanta went to the office that evening to call Pramatha to his meal, ...
Sardarmull Jessraj Vs. Agar Chand Mahata and Co.
Court: Kolkata
Decided on: May-19-1919
Reported in: 52Ind.Cas.588
Rankin, J.1. In this case the plaintiffs ask for an interlocutory injunction to restrain further proceedings before an Arbitration Tribunal under a commercial contract for the sale of goods. The plaintiffs deny that the alleged written contrast was ever signed by them or on their behalf. The defendants put forward a document and they allege that that document was the document of. the plaintiffs, and in this case as in may others I find there is no possibility of my deciding even provisionally with any certainty as to which of these parties are in the right. Under these circumstances I have to consider whether it is right that an interlocutory injunction should go to restrain the arbitration until this question has been determined. This is a question which has arisen before, but I have not had occasion to decide it before, and I think it desirable that the matter should be decided, so far as I am concerned, for the benefit of future oases that may arise.2. Now it is to be determined acc...
Raja Narendra Lal Khan Vs. Bomkesh Mitter and ors.
Court: Kolkata
Decided on: May-19-1919
Reported in: AIR1919Cal184,53Ind.Cas.227
1. This appeal arises out of proceedings in execution of a decree, and the question involved in the appeal is whether the decree-holder, who is the appellant before up, is entitled to interest on the amount of compensation for which he obtained a decree against the respondent.2. The decree in the original suit was dated the 30th November 1911 and the portion of it which deals with the question of compensation runs as follows: 'The defendants are further directed to pay to the plaintiff compensation at the rate of Rs. 1,235 per annum from 17th August 1917 up to the date of institution of the suit and after that till delivery of possession to the plaintiff and that the sum of Rs. 1,606-9-6 be paid by defendants to plaintiff on account of the costs of this suit with interest thereon at the rate of 6 percent per annum from this date to date of realisation.' When the decree-holder applied for execution of the decree for the amount of compensation and costs, the judgment-debtors objected on ...
Mathura Nath Biswas Vs. Monmohini Dasya and ors.
Court: Kolkata
Decided on: May-19-1919
Reported in: 57Ind.Cas.747
Newbould, J.1. In these appeals the only point in dispute is whether the plaintiff is entitled to a half or one third of the interest owned by his step-mother Syama Sundari, in a certain property daring her life. The plaintiff's father left a Will which provided in respect of this property that his widow and his three sons would get the property left by him in equal shares, that his widow would remain in possession of her share during her lifetime and that on her death his sons would get her share in equal shares. At a later date a suit between the members of the family was compromised and one of the conditions of the deed of compromise was that on the death of Syama Sundari, the three sons, who are the plaintiff and defendants Nos. 2 and 3 in that suit, would get in equal shares the widow's, share in the property.2. It is contended that the same effect must be given to the clause in the rafanama as to the clause in the Will and that the clauses of the Will gave one of the sons, Himang...
Rani Abhoyeswari Debi Vs. Bangshiram Rajbanshi
Court: Kolkata
Decided on: May-18-1919
Reported in: AIR1919Cal102,53Ind.Cas.52
1. The plaintiff in this suit sought to recover arrears of rent for the year 1321 B. S. at the rate on which the defendant had been paying for the previous years and for the year 1322 B. S. at an enhanced rate. There was also a prayer for ejectment, but it is not now pressed. The claim for enhanced rent was based on Section 14 of Act VIII (B. C.) of 1869, which is the rent law in force in the district of Goalpara. The learned Subordinate Judge on appeal dismissed the claim for enhancement of rent on the ground that the notice had not been duly served under that section. It appears from the notice that the plaintiff originally intended to give notice of enhancement which would take effect from 1321 B. S. The notice was filed in the collector's Office on the 27th Pous 1320. If it could have been served before the end of that month, it would have been effective to enable the plaintiff to sue for enhancement of rent for the year 1321, But, as a matter of fact, the notice was not served unt...
The Dekhari Tea Coy, Ld. Vs. the Assam Bengal Railway Company, Ld.
Court: Kolkata
Decided on: May-18-1919
Reported in: 57Ind.Cas.406
Rankin, J.1. This action has as against the Assam Bengal Railway Company, Limited (the first defendants), been dismissed by consent, and it proceeds against the India General Navigation and Railway-Company, Limited, as the only remaining defendants. I shall refer to these two companies as the railway company and the steamship company respectively.2. The line of the railway company runs from Assam to Chittagong, and consignments of tea from Assam for shipment at the port of Chittagong are ordinarily carried over this line by the railway company itself without recourse to any other companies or systems of transport. A section of this line, south of Lumding, is known as the hill section and is subject at times to a breakdown. In July 1913 for a very short time this hill section was out of action. On this occasion the breach continued for so short a time that it is not certain whether the arrangements then made for dealing with the Assam traffic during this emergency were ever acted on in ...
Charu Chandra Bandopadhaya and anr. Vs. Mr. L. Faithful
Court: Kolkata
Decided on: May-16-1919
Reported in: 53Ind.Cas.999
1. In this case defendants Nos. 1 and 2 borrowed certain sum from the plaintiff on a registered promissory note payable on demand. Defendants Nos. 3 and 4 in a letter addressed to the plaintiff agreed as follows:'My brother Shib Chandra Bandopadhaya is, for his own necessities, borrowing from yon Rs. 150. There is no objection to your paying him the money and we make ourselves fully liable for it. On that account you need have no anxiety. He will pay your interest month by month. As to that there will be no excuse or objection.'2. The suit was instituted more than three years from the date of this letter. The lower Court overruled the plea of limitation raised by defendants Nos. 3 and 4 and decreed that suit against all the defendants. The present Rule was issued under Section 25 of the Small Cause Courts Act at the instance of defendants Nos. 3 and 4, and the only question for our consideration is whether the decision on the question of limitation is correct. I feel vary little diffic...
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