Kolkata Court February 1920 Judgments
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Ram Chandra Sagoremull Vs. Amarchand Muralidhar
Court: Kolkata
Decided on: Feb-17-1920
Reported in: 60Ind.Cas.917
Ghose, J.1. This is an application on behalf of a firm called Ramchandra Sagoremull for an order under Section 115 of (be Code of Civil Procedure, for the setting aside of certain orders made by the Calcutta Court of Small Causes. The application has arisen under the following circumstances:On the 17th April 1919 the applicant firm instituted a suit in the Small Cause Court against the firm of Amarohand Muralidhar for the recovery of a sum of Rs. 400 as damages for breach of a certain contrast, by which the latter firm had agreed to sell to the applicant firm three bales of Mullmull on certain terms and conditions to which it is unnecessary to refer. That suit was numbered 8785 of 1919. On or about the 30th April 1919, the firm of Amarchand Muralidhar filed a cross suit against the applicant firm for the recovery of a sum of Rs. 157 8-0 as being the damages alleged to have been sustained by them on account of the applicant firm not having taken delivery of the goods referred to above u...
Kedaranath Babulal Vs. Sumpatram Doogur
Court: Kolkata
Decided on: Feb-17-1920
Reported in: 60Ind.Cas.951
Asutosh Mookerjee, J.1. We are invited in this appeal to consider the propriety of an order made by Mr. Justice Greaves whereby he has refused an application for stay of a suit under Section 19 of the Indian Arbitration Act 1899.2. On the 8th August 1919 if, the appellants agreed to purchase from the respondents 50 bales of Japanese grey shirting and sheeting. The material portion of the contract provided as follows: All conditions according to bazar (that is, importing 6rm), interest, cooly charges, according to the custom of Bazar, the goods being of Japan Cotton Company's Office.' It has been argued that this implies the incorporation of an arbitration clause contained in the form of contract used by the Japan Cotton Trading Company. That arbitration clause is in these terms: 'Any dispute as to damage, difference, inferiority, short quantity or measure or defeat or amount of allowance to be referred, at seller's option, to the Bengal Chamber of Commerce or two European or Japanese m...
Ramapt Chatterjee Vs. Sachinandan Nandi
Court: Kolkata
Decided on: Feb-16-1920
Reported in: 55Ind.Cas.650
1. In this case the petitioner before us instituted a suit for accounts and on the 10th May 1918 obtained a preliminary decree. By the preliminary decree the defendant, who is the opposite party before us, was directed to prepare and complete their Khatas and render accounts to the petitioner within 60 day from that date. On the 9th July 1918, that is on the 60th day from the date of the preliminary dearee it was found that the defendant had not completed the Khatas and had not rendered accounts, and the plaintiff was thereupon directed to deposit Rs. 100 (as the fee of the Commissioner appointed for the purpose of preparing accounts) within the 15th July. That order, we may observe, was premature by one day. It was also made in the absence of the petitioner and his Pleader. On the 15th July it was found that the plaintiff had not deposited the costs for the appointment of the Commissioner, and his Pleader having intimated that he had no instructions, the plaintiff's suit was dismissed...
Ram Prosad Surajmull Vs. Mohan Lal Lachminarain
Court: Kolkata
Decided on: Feb-16-1920
Reported in: AIR1921Cal770,60Ind.Cas.895
Asutosh Mookerjee, J.1. This is an appeal from a judgment of Mr. Justice Greaves, whereby he has, on an application by the respondents, directed an award made by the Bengal Chamber of Commerce Arbitration Tribunal on the 10th June 1919 to be taken off the file as of no effect.2. The events which led to the award are not in controversy and may be briefly recited on the 16th August 1918 the respondents sold to the appellants 100 bales of Japanese grey shirtings which had been purchased by. them from the Nippon Munka Kabusbiki. Kaisa (Japan Cotton Trading Co.). The respondents allege that the appellants failed to take delivery, with the result that they had to re sell the goods at a loss. On the 3rd May 1919 the buyers made a referenee to the Arbitration Tribunal of the Bengal Chamber of Commerce under the arbitration Clause contained in the contract. On the 2lot May 1919 the sellers instituted a suit for damages for breach of contract. On the 2Cth June 1919 the award was made, and on the...
Udaichand Panna Lall Vs. Debibux Jewanram
Court: Kolkata
Decided on: Feb-16-1920
Reported in: 60Ind.Cas.987
Asutosh Mookerjee, J.1. This is an appeal from a judgment of Mr. Justice Greaves dismissing an application to set aside an award.2. The contract between the parties provided for a reference to arbitration in the following terms: 'Any dispute under the contract was to be finally settled by two European arbitrators appointed by buyers and sellers respectively or by an umpire in case of difference.' The respondent appointed Mr. Appollonato as arbitrator and requested the appellant to nominate another arbitrator. The appellant did not respond, with the result that the arbitrator proceeded to deal with the matter in controversy. He gave notice that he would hold the arbitration on the 26th June 1919, and requested that any written statement intend ed to be sent should be sent before the date, and that the parties should be present on the appointed day with witnesses and documents. It was not till the day previous, that is, the 25th June 1919, that the appellant, through his Attorney, forwar...
Emperor Vs. Panchu Das and anr.
Court: Kolkata
Decided on: Feb-13-1920
Reported in: 58Ind.Cas.929
Lancelot Sanderson, C.J.1. Panchu Das and Goberdhone Singh were convicted by the majority of the jury, 7 to 2, at a trial at the Criminal Sessions presided over by Chaudhuri, J., of offences under Sections 302, 120B and 380, Indian Penal Code.2. The indictment contained 7 counts and included charges of murdering: one Dakho Bewa, a woman of the town, on the 10th December 1914, conspiring to rob her, theft of property from her house and abetment of the offenses of murder and theft.3. The learned Judge admitted certain evidence which was objected to by learned Counsel representing the accused persons but intimated that, as the questions were not severed by any direst Indian authority, he would, if necessary, reserve them for the consideration of the Court. This reference accordingly was made by the learned Judge. The case for the prosecution is set out by the learned Judge in the reference and need not be repeated in detail by me.4. An important feature of the prosecution case was, that t...
Muralidhar Roy Chowdhury and ors. Vs. Katherine Stephen and ors.
Court: Kolkata
Decided on: Feb-13-1920
Reported in: 57Ind.Cas.507
1. This appeal arises out of proceedings in execution of a decree.2. It appears that the decree-holders obtained a mortgage decree for Rs. 43,000 odd on the 25th July 1898. The mortgage-decree not only directed the sale of the mortgaged properties but also provided that 'if the whole decretal amount be not satisfied with the purchase-money obtained at the said auction-sale, then the balance remaining due be realised from the other properties of the judgment-debtors.' Some of the mortgaged properties were sold in 1397 and others in 1907 and a portion of the decretal amount was realised. On the 15th January 1910 an application was made for a personal decree under Section 90 of the Transfer of Property Act for about Rs. 11,000 and a decree was accordingly made under that section. Since that date and previous to the present application, there were two applications for execution, one in the year 1913 and the other in 1915, but nothing was realised in those execution cases. On the 12th Septe...
Gopi Nath Munshi Vs. Chandra Nath Munshi and ors.
Court: Kolkata
Decided on: Feb-13-1920
Reported in: AIR1921Cal814,57Ind.Cas.884
1. These two appeals arise out of two suits for contribution. The plaintiff and the defendants are owners of five different jotes. The landlord obtained decrees for rent in respect of these five jotes. In execution of one of these decrees one of the jotes was put up to sale on the 29th of March 1909 and was purchased ostensibly by defendant No. 4 but really for the plaintiff for Rs. 1,600. The sale was confirmed on the 7th November 1909. On the 2nd March 1911 the landlord took out Rs. 564 14 annas 9 pies out of the sale proceeds in satisfaction of his decree for rent in respect of that jote. In execution of the decrees obtained by the landlord in respect of the four other jotes, the landlord attached the balance of the sale-proceeds and withdrew a sum of Rs. 963 3 annas 9 pies on the 24th February 1912. The sale of the 1st jote, however, was set aside on the 9th December 1912. The plaintiff, thereupon, attempted to get a refund of the amount realised from the landlord but failed, as he...
Harendra Chandra Alias Rai Mohan Padder and ors. Vs. Iswar Chandra Sah ...
Court: Kolkata
Decided on: Feb-13-1920
Reported in: 57Ind.Cas.844
1. This appeal arises out of a suit to recover a sum of Rs. 1,300 (together with interest thereon) deposited by the plaintiffs with the defendants under the following circumstances2. The plaintiffs and certain other persons had a business in cloth, and their firm used to take cloth from the defendants' firm. The plaintiffs' business failed, and it was in debt to the defendants to the extent of Rs. 8,000, for which an instalment bond was executed by the plaintiff and his co-partners in favour of the defendants. As the plaintiffs were wealthy, and as the defendants could realize the debt due to them from the plaintiffs alone, the co-partners of the plaintiffs did not interest themselves in the discharge of the debt. The plaintiffs realised some of the debts due to their firm and paid Rs. 3,665 towards the instalment bond, and the balance remained due to the defendants.3. The plaintiffs' case is that they deposited Rs. 1,800 with the defendants on the understanding that the amount would b...
Prianath Naik Vs. Promatha Nath Adhikari and ors.
Court: Kolkata
Decided on: Feb-13-1920
Reported in: 57Ind.Cas.895
1. The plaintiff is the appellant. The suit was one for ejectment of defendants Nos. 1 and 2 from certain land in the Municipality of Tamluk. The defendants purchased the land in execution of a money decree against the original tenant. The plaintiff is one of four brothers Rajani, Rakbal, Madhub and himself. Rakhal is defendant No. 4 and the plaintiff has now acquired the interest of Rajani and Madhub, so that be is the landlord in respect of 12 annas and Rakhal of 4 annas. The first Court dismissed the suit on the ground that the defendants were entitled to notice and the suit was defective, the notice not having been given by all the landlords. The notice in question was a 15 days' notice. The Appellate Court also took the view that the plaintiff could not succeed as all the landlords had not jointed in the notice. It appears that in a previous Suit No. 1236 of 1913 an attempt had been made by all the brothers to eject the defendants Nos. 1 and 2 from the land. That suit ended in Rak...
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