Kolkata Court January 1920 Judgments
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NabIn Chandra Nath Vs. Srimati Tirthabasi Bhowmik, Widow of Ishan Chan ...
Court: Kolkata
Decided on: Jan-20-1920
Reported in: 56Ind.Cas.180
Walmsley, J.1. This appeal is preferred by the defendant. It arises out of a suit for declaration of title to and recovery of possession of some land. The lower Appellate Court has dealt with the case on the footing that the defendant has a tenancy under the plaintiffs, although the Munsif seems to have entertained some doubt as to whether there was such a tenancy at all. Assuming that there was a tenancy, both the Courts below have held that the burden of proof was upon the defendant to show that the land which is the subject-matter of this suit is comprised within the defendant's tenancy. This view forms the first object of attack by the appellant. It is contended on his-behalf that the Courts below should have followed the case of Rajendro Kumar Bose v. Mohimi Chandra Ghose 3 C.W.N. 763. That case has been considered frequently in later judgments. I shall refer to only two of them, namely, the cases of Protab Chandra Roy v. Judhister Das 23 Ind. Cas. 69 : 19 C.W.N. 143 : 19 C.L.J. 4...
Grande Venkatta Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Jan-20-1920
Reported in: AIR1919Cal862,56Ind.Cas.586
1. In these oases tried together as one case the accused are charged with having adulterated Ghee. The proceedings have unfortunately been very protracted. There were originally three oases ending in conviction, which came up to this Court. The Criminal Bench differed in their opinion and there was a reference to a third Judge which resulted in a remand. Their judgments are reported as Grande Venkata Ratnan v. Corporation of Calcutta 46 Ind. Cas. 593 : 22 C.W.N. 745 : 28 C.L.J 82 : 19 Cr.L.J. 753. The retrial extended over 7 months. Five experts were examined and a large number of text books and scientific journals was used. At the re trial both the accused have been convicted in respect of two samples of Gouranga Brand Ghee which were taken by the Corporation on the 31st October 1917, and sentenced under Section 495-A, Sub-section (1), to pay fines. In respect of the sample taken on the 27th November 1917 which formed the subject-matter of the third case, the learned Magistrate held t...
EasIn Vs. Srimati Intijennessa Bibi and ors.
Court: Kolkata
Decided on: Jan-15-1920
Reported in: 58Ind.Cas.745
Beachcroft, J.1. This appeal is by defendant No. 6. The suit was originally brought in res peot of three plots, but for reasons into which it is not now necessary to enter the subject-matter of dispute was eventually reduoed to plot No. 3. The suit was dismissed by the Munsif but decreed on appeal by the Subordinate Judge for the whole of plot No. 3 with the exception of 5 gandas.2. The holding of which this plot formed a portion originally belonged to one Ujir Ali. A rent-decree was obtained against him, and in execution of that decree the holding was sold and brought ostensively by defendant No. 10. Subsequently, defendant No. 10 executsd a release in favour of the plaintiff. He also executed a release in favour of defendant No. 12 which in appearance was prior in date to the release to the plaintiff. But it has been found by the Appellate Court that that release was antedated and. in fact, the plaintiff's lease was prior. The Court has further found that defendant No. 10 was really ...
Srimatya Swaraswati Dasi, Widow of Bhagaban Saha Vs. Srimati Monmohini ...
Court: Kolkata
Decided on: Jan-15-1920
Reported in: 57Ind.Cas.776
Beachcroft, J.1. This appeal is by the plaintiff. The suit was one for Khas possession and in the alternative for declaration of right of way in respect of what appears to be a lane or passage between the houses of the plaintiff and the defendant.2. The title claimed was not seriously pressed before the Munsif and he found against the plaintiff, and from then the case has proceeded as one for declaration of a right of way. The suit was dismissed in both Courts. The Munsif found that the plaintiff's user did not go back beyond the year 1304. On appeal the learned Judge did not discuss this point but dismissed the suit taking the view that the plaintiff could not acquire an easement against his landlord, the defendant being the landlord or one of the landlords of the plaintiff.3. It is now argued that the plaintiff has been in his holding since the year 1278 and the defendant got his holding in tenancy right some 12 or 14 years before suit and he acquired the landlord's right in the year...
Sarbeswar Bez Madak and anr. and Vs. Surendrabala Dasi and ors.
Court: Kolkata
Decided on: Jan-15-1920
Reported in: 55Ind.Cas.631
Walmsley, J.S.A. No. 2096 of 1919.1. This appeal, preferred by defendants Nos. 3 and 4, arises out of a suit for declaration of title and for khas possession.2. The plaintiffs bold a Jama in Mouza Khasmaram under defendant No. 5 and they sued defendant No. 3 for rent of the two parcels of land in dispute on the footing that they formed part of their Jama in Mouza Khasmaram. The defendant No. 3, Sarbeshwar Bez Madak, denied the plaintiffs' title and pleaded that the lands were situated in another Mauza. Mouza Deulpur, and that they were held by his son Sarat under the defendants Nos. 1 and 2. The plaintiffs thereupon did not proceed with their rent suit, and it was dismissed. Then they brought the present suit. Sarbeshwar and Sarat again put forward the plea which they had taken in the rent suit. The first Court found against them, holding that tbe two parcels of land are in Khasmaram and not in Deulpur, and that they do form part of the Jama held by the plaintiffs under defendant No. 5...
Mohamed KalimuddIn Vs. A.B. Stewart and ors.
Court: Kolkata
Decided on: Jan-14-1920
Reported in: 56Ind.Cas.556
Asutosh Mookerjee, J.1. This is an appeal by the plaintiff in a suit for declaration that the proceedings of the committee of the Calcutta Stock Exchange Association expelling him from its membership ware void and inoperative. Mr. Justice Rankin has dismissed the suit, on the ground that the plaintiff has failed to establish that the proceedings were vitiated by illegality.2. The tenth paragraph of the Rules and Regulations of the Association contains the following provisions: 'Cessation of membership: A member shall cease to be such, on the happening of any of the following events: (a) Subject to the present existing regulations regarding adjudication on time bargain contrast', on the committee being of the opinion that be has failed to pay in due course for securities delivered or to deliver in due course any difference in respect of any bargain or fail to pay any money due by him in any way arising from any Stock Exchange transaction, either directly or indirectly, or that he has be...
Balmukund Rina Vs. Gopiram Bhotica
Court: Kolkata
Decided on: Jan-14-1920
Reported in: 56Ind.Cas.828
Asutosh Mookerjee, J.1. This is an appeal by the plaintiff in a suit to restrain two arbitration proceedings pending before the Tribunal of Arbitration of the Bengal Chamber of Commerce. By a contract, dated the 1st December 1917, made on the ordinary form of the Indian Jute Manufactures' Association, the plaintiff agreed to sell to the defendant three lacs of yards of Hessian cloth. The terms which require consideration in this appeal were three:Delivery of the said goods to be given and taken as follows : December, 1917.Each month's delivery to be treated as a distinct and separate contract.Any dispute whatsoever arising on or out of this contract shall be referred to arbitration under the rules of the Bengal Chamber of Commerce, applicable for the time being, for decision, and such decision shall be accepted as final and binding on both parties to this contract. The award may, at the instance of either party and without any notice to the other of them, be made a rule of the High Cou...
Joy Lall and Co. Vs. Gopiram Bhotica
Court: Kolkata
Decided on: Jan-13-1920
Reported in: 58Ind.Cas.755
Asutosh Mookerjee, J.1. This is an appeal against an order dismissing an application for stay of proceedings under Section 19 of the Indian Arbitration Act.2. The facts as set suit in the judgment of the Court below are shortly as follows. On the 6th December 1917, a contract was entered into whereby the defendants, Joy Lall and Co., sold on behalf of Gopiram Bhotica the plaintiff, for their order and on their account to their principal certain goods which are set out in the document. The contract contains an arbitration clause providing that any dispute whatsoever arising on or out of the contract shall be referred to arbitration. Disputes arose with regard to the contract and thereupon the brokers, Joy Lall and Co., on the 18th November 1919, referred the matters in dispute to arbitration of the Bengal Chamber of Commerce. Before any arbitration had taken plane, on the 18th December 1918, the plaintiffs instituted the present suit, asking for a declaration that there was no contract ...
BepIn Behary Sen Vs. the Trustees for the Improvement of Calcutta and ...
Court: Kolkata
Decided on: Jan-13-1920
Reported in: 57Ind.Cas.37
Asutosh Mookerjee, J.1. This is an appeal by the plaintiff in a suit to test the validity of an order made by the Calcutta Improvement Trust rejecting his application for exemption Under Section 78 of the Calcutta Improvement Act, 1911. The plaintiff made an application on the 31st August 1918, on the assumption that the land in dispute was not required for the execution of the scheme within the meaning of Sub-section (1) of Section 78. Reference was thereupon made to the Land Acquisition Collector and the Deputy Valuer and the proceedings for acquisition were temporarily stayed. The Board, after enquiry, came to the conclusion that the land was required for the execution of the scheme and rejected the application. The plaintiff accordingly instituted this suit, for twofold relief, namely, first, 'that the proceedings for the acquisition of the said premises No. 41-3 Jeliatola Street and No. 7-1 Jorapuker Lane by or on behalf of the defendants, the Trustees, may be ordered to be finall...
Siv Narayan Mukherjee and ors. Vs. Satish Chandra Ghosal and ors.
Court: Kolkata
Decided on: Jan-13-1920
Reported in: 57Ind.Cas.161
1. The basis of jurisdiction in cases of this character is the likelihood of a breach of the peace. There was a petition before the Magistrate and there was a Polios report. He heard both the parties and he said this; 'It appears to me that there is hardly any likelihood of any immediate breach of the peace. A hut was being constructed sometime back, as the Police report says, and the opposite party was getting together peoples to demolish the hat. This happened over a month back and no disturbance has occurred yet and in my opinion is hardly likely to occur.' He is not merely referring to any immediate breach of the peace; but he says that he does not think that any distrubance is likely to occur. If that was so, how could he proceed under Section 145 of the Criminal Procedure Code? It was pointed out in the case of the Queen Empress v. Gobind Chandra Das 20 C 520 at p. 525 : 10 Ind. Dec. (N.S.) 352 that; a Magistrate is bound to satisfy himself, on grounds which are reasonable, that ...
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