Kolkata Court August 1919 Judgments
Shyam Chand Basak Vs. Chairman of the Dacca Municipality and ors.
Court: Kolkata
Decided on: Aug-28-1919
Reported in: 53Ind.Cas.741
1. This is an appeal by the plaintiff in a suit for declaration of the invalidity of a Municipal election and for a permanent injunction to restrain the successful candidates from acting as Municipal Commissioners.2. The plaintiff Shyam Chand Basak, the second defendant Bhagabat Prasanna Saha and the third defendant Nabendra Nath Basak were candidates for election as Commissioners for a period of three years for Ward No. 3 at the Dacca Municipal Election, held on the 31st July 1918. The first defendant is the Chairman of the Municipal Commissioners of Dacca. The election was held on the day prescribed and Mr. Dwijendra Nath San of the Provincial Executive Service acted as presiding officer. The total number of registered voters was 1287, each of whom had two votes, 686 persons recorded 1372 votes. The result of the election was announced as follows:Bhagabat Prasanna Saha ... 627 votes.Nabendra Nath Basak ... 509 'Shyam Chand Basak ... 236 '3. The two defendants were thereupon declared ...
Tag this Judgment!Nagendra Lal Das and ors. and Vs. the Chairman of the Municipal Commis ...
Court: Kolkata
Decided on: Aug-28-1919
Reported in: 59Ind.Cas.340
1. The facts of the suit out of which Appeal No. 879 of 1918 has arisen are simple.2. The plaintiffs are certain rate-payers of the Municipality of Chittagong, the defendants are Commissioners of the Municipality. The plaintiffs wished to have house connection with the main water service pipe. The Municipality were willing to allow the connection only on the condition that a water meter to measure the amount of water consumed was put in by the plaintiffs at their own expense in accordance with certain rules framed by the Local Government under Section 290 of Act III of 1884 (The Bengal Municipal Act) as amended by Act IV of 1894.3. The plaintiffs contended that these rules were ultra vires and that they were entitled to have the house connection they asked for without paying for the meter and they asked for an injunction to restrain the defendant Municipality from cutting off the water connection which the Municipality threatened to do if the price of the meter was not paid, the plaint...
Tag this Judgment!Kalyan Singh and ors. Vs. Ramgolam Singh and ors.
Court: Kolkata
Decided on: Aug-28-1919
Reported in: 56Ind.Cas.4
Asutosh Mookerjee, J.1. This is an application to vacate an order made by the late Chief Justice Sir Francis Maclean and myself on the 12th February 1906 in Appeal from Original Order No. 495 of 1904. That appeal was directed against an order of the Subordinate Judge of Monghyr, dated the 6th June 1S04, in the matter of an application for restitution in execution proceedings. The effect of the order of the Subordinate Judge was that the objection to the grant of restitution was overruled. The judgment of this Court which was delivered by the Chief Justice was as follows:We think this case has fallen into a little confusion, possibly, speaking with all respect, by reason of the order made by a Division Bench of this Court; but let that pass. We suggested to the learned Vakil for the appellants that perhaps the best way to deal with the case would be that the appeal should be withdrawn, leaving it to the present appellants, who are the judgment-debtors and objectors, to bring a suit to r...
Tag this Judgment!Nurunnessa Khanum Vs. Khaja Muhammad Sakru
Court: Kolkata
Decided on: Aug-28-1919
Reported in: 56Ind.Cas.8
1. This is a suit for dower by a Mohamedan lady of rank against her husband's brother. The husband died on the 13th April 1913, leaving her and his brother his legal heir. The claim is based upon a Kabinnama said to have been executed on the 27th July 1907, when the lady was a minor. The dower settled was Rs. 15,000, one-half payable on demand and the other half on dissolution of marriage. She attained majority in January 1913, that is, about three months before the death of her husband. That there was a Kabinnama was disputed by the defendants and it was also said that she bad verbally relinquished her claim for dower after the death of her husband and thus released the estate from liability. The learned Subordinate Judge has held the first point in the plaintiff's favour, and as regards the second point the discusses the evidence and says that although there are minor discrepancies, he is 'inclined to believe that the plaintiff released the dower' when her husband's dead body was bei...
Tag this Judgment!Sheikh Ariatullah Vs. Sashi Bhusan Hazrah
Court: Kolkata
Decided on: Aug-27-1919
Reported in: 55Ind.Cas.547
Chatterjea, J.1. These appeals arise out of proceedings for setting aside two sales held in execution of two decrees for rent on the ground that the sales were illegal.2. It appears that in two rent suits brought in the year 1912 the plaintiff claimed rent at the rate of Rs. 22 and Rs. 18 respectively, those being the rents entered in the settlement proceedings. The defendants pleaded that the rents were Rs. 12 9-0 and Rs. 11 only. The suits were decreed on the 18th February 1913 on the following terms: Toe suits be decreed with costs, but the plaintiff will be at liberty to execute the decree to the extent based on the Jama admitted in the defence after one month. As regards the balance of the decretal sums, the plaintiff will execute them as soon as the review be rejected, if the review be granted, the plaintiff should postpone execution of the balanses for two years and nine months or earlier when the settlement suits are disposed of.' As a matter of fact there was no application fo...
Tag this Judgment!Nitya Gopal Banerjee Vs. Provas Chandra Mukherji and ors.
Court: Kolkata
Decided on: Aug-27-1919
Reported in: 56Ind.Cas.19
1. One Nilmony Chakravarti was entitled to a turn of worship of a deity known as Malai Chandi which ex-tended to 9 days in the year. Nilmony died on the 14th November 1913. The plaintiff claimed that turn of worship as his heir. Nilmony, however, a few days before his death executed a kobala in favour of defendant No. 1 in respect of 33 days out of his turn. The kobala purports to have been for consideration for a sum of Rs. 300, said to have been spent during the illness of Nilmony. The learned Subordinate Judge held that there was no consideration for the kobala and that undue influence had been exercised over Nilmony who was ill and that misrepresentations had also been made to him. He held that the transfer was only of the turn of worship irrespective of the debutter property and as according to him no custom for such transfer had been made out, there was not an effective transfer. On both the above grounds be decreed the plaintiff's suit. He, however, found that the defendant No. ...
Tag this Judgment!Pitambar Chandra Shaha Chowdhury and anr. and Vs. Nishi Kanta Saha and ...
Court: Kolkata
Decided on: Aug-26-1919
Reported in: 55Ind.Cas.5
1. The subject-matter of the litigations which have resulted in these two appeals is the estate of one Peary Mohan Saha Chowdhury, who died unmarried on the 18th February 1904. He left two stepsisters Shilamoyee and Prastarrmyee. The former has a son Siau Kumar Saha, the atter has two infant (sons Pitambar Chandra Saha and Hetmanta Kumar Saha. The rival claimants to the estate are, on the one hand, these three nephews of the deceased, and, on the other hand, the great great grandson of the great-great-grandfather of the deceased, by name Nisikanta Saha. The relationship between the parties appears from the following genealogical table: SHIBU SAHA | __________________________________________________________________________ | | Jiban Hazura | | ___________________________________ Shibram | | | Tilak Bilak Madan Saha | Sarnamayee | | Nishi Kanta Saha | (Principal defendant). ___________________________________________________________________________________________________ | | | | Doman ...
Tag this Judgment!Bejoy Chandra Roy Sarkar Vs. Maharaja Sir Prodyot Kumar Tagore Bahadur ...
Court: Kolkata
Decided on: Aug-26-1919
Reported in: 55Ind.Cas.268
1. This case was remanded to the lower Appellate Court in order that that Court might come to a clear finding as to the nature of the custom referred to in the kabuliyat. The learned Subordinate Judge has returned his finding and he says: 'Having regard to the evidence adduced in this suit, I am of opinion that the plaintiff has succeeded in proving the existence of the custom referred to in the kabuliyat executed by the defendant, and that the custom is ancient, reasonable, certain and obtains throughout the Pergunnah (both in the districts of Mymensingh and Rampur).' that finding is sufficient to dispose of the case. It is contended, however, on behalf of the appellant that the landlord ought to have adopted the procedure laid down in Section 84 of the Bengal Tenancy Act for acquiring the land for establishing Pandar (market), &c.; But the present suit was based upon the terms of the kabuliyat under which the defendant was according to custom, bound to give up possession of land in t...
Tag this Judgment!Bejoy Kumar Addya and ors. Vs. Satish Chandra Ghose and anr.
Court: Kolkata
Decided on: Aug-26-1919
Reported in: 56Ind.Cas.1007
Asutosh Chaudhuri, J.1. The only question raised in this appeal is that of interest.2. The learned Subordinate Judge, relying on the authority of Abdul Majid v. Ksherode Chaadra Pal 29 Ind. Cas. 843 : 19 C.W.N. 809 : 42 C. 690 and Challaphroo v. Behary 3 Ind. Cas. 394 : 20 C.W.N 408 : C.L.J. 311 has reduced the rate from 15 per cent. cent. with quarterly rests to 12 per cent. simple interest upto the date of suit. He disallowed interest after that date' Ha says: The security seems to be quite sufficient. Regard being had to the cases above mentioned and other rulings the circumstances above noted, namely, that the suit had been delayed and interest had accumulated would go to show that the stipulation as to interest is hard and unconscionable.3. So far as those two oases are concerned, they have not always been accepted by this Court as correct. The recent Privy Council decision in Aziz Khan v. Duni Chand 48 Ind. Cas. 933 : 23 C.W.N. 130 : 101 P.R. 1918 : 165 P.W.R. 1918 (P.C.) lays do...
Tag this Judgment!Syam Kishore De Vs. Umesh Chandra Bhattacharjee and ors.
Court: Kolkata
Decided on: Aug-25-1919
Reported in: 55Ind.Cas.154
1. This is an appeal under Order XLIII, Rule 1(u), Code of Civil Procedure, against an order of remand made under Order XLI, Rule 23, Code of Civil Procedure, in a suit for recovery of possession of land upon declaration of title by purchase. The disputed property was mortgaged on the 7th April 1892 by Ali Chand Bibi, Sheik Isuf and Sheik Joman to the father of the plaintiffs to secure a loan of Rs. 130. The mortgagee sued to enforce the security and obtained the usual mortgage decree on the 15th December 1897 for a sum of Rs. 344 and costs of the litigation. On the 21st March 1903 the decree-holder purchased the property in execution sale for a sum of Rs. 255. On the 9th June 1906 the auction-purchaser executed a conveyance of the property to one of the mortgagors Ali Chand Bibi for a consideration of Rs. 200. The conveyance was not registered as required by law, but the original owners, whose possession had not been disturbed by the auction-purchasers, continued in occupation. Meanwh...
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