Kolkata Court March 1920 Judgments

Sambhu Nath Khetri and ors. Vs. Satish Chandra Mitra

Court: Kolkata

Reported in: AIR1921Cal363,66Ind.Cas.49

1. This is an appeal from the judgment and decree of the Subordinate Judge of Burdwan, dated the 10th December 1918. The proceedings were in continuation of a suit brought by the respondent or his predecessor in interest as plaintiffs against the appellants or their predecessors as defendants for the recovery of a lease-hold Colliery known as the Chatterpathat Colliery, In the result, on the 18th May 1914, the Privy Council reversed the decree of the High Court, dated 4th June l912, in favour of the appellants and restored the decree of the Trial Court, dated September 8th 1909, in favour of the respondent Roghunath Das v. Sundar Das Rhetri (1) 24 Ind. Cas 304 : 41 I. A. 251 : 18 C. W. N. 1058; I. L. W. 567 : 27 M. L. J. 150 : 16 M. L. T. 353; (1914) M. W. N. 747 : 16 Bom L. R. 814 : 20 C. L. J. 555 : 13 A. L. J. 164 : 42 C, 72 (P. C.), The question which now arises relates merely to the amount of the indemnity which the unsuccessful party in the contest should pay to the successful pa...

Jokiram Kaya Vs. Ghaneshamdas Kedarnath

Court: Kolkata

Reported in: 61Ind.Cas.380

Asutosh Mookerjee, J.1. We are invited in this appeal to consider the propriety of an order of dismissal made by Mr. Justice Greaves on an application for stay of a suit under Section 19 of the Indian Arbitration Act. The material fact which led up So the order are not in dispute and may be briefly narrated for our present purpose.2. On the 14th August 1918 the appellant sold to the respondent 150000 yards of delivered in three equal in January, February and March, was not carried out: the Seller contends that the breach was due to default on the part of the buyer; on the other hand, that the default Was on the part of the seller. The contract contained an arbitration clause in the following terms:Any dispute whatsoever arising on or out of this contract shall be referred to arbitration under the Rules of the Bengal Chamber of commerce, application for the time being, for decision, Shall be accept as final binding on both parties to this is The award may at the instance of either party...

Amjad Ali Vs. Suresh Ranjan Pal and ors.

Court: Kolkata

Reported in: AIR1921Cal426,73Ind.Cas.706

Lancelot Sanderson, C.J.1. In this matter there are three Rules which were obtained by Mr. Amjad Ali, who is a Pleader, and who has been practising in the District Court of Sylhet and the Courts subordinate thereto since the year 1901. The Rule With which I intend to deal first is No. 2 of 1920. That Rule was granted to show cause why an order, dated the 17th of December I9i9,imde by the learned District Judge directing the prosecution of Mr. Amjad Ali under Section 193 of the Indian Penal Code should not be set aside. The order for the prosecution arose in this way: It appears that there was an appeal pending before the learned Additional Sessions Judge by a man called Kailash Chandra Chaudhuri who had been convicted of some offence. Mr. Suresh Ranjan Pal, a learned Pleader, was' appearing for the appellant, and Mr. Amjad Ali was appearing on behalf of the Crown. The appeal had been heard and the arguments had been concluded, and, as I understand the facts, these two learned gentlemen...

Surendra Krishna Mondal Vs. Sreemati Ranee Dassi

Court: Kolkata

Reported in: AIR1921Cal677,59Ind.Cas.814

Asutosh Mookerjee, J.1. This appeal is directed against the grant of Letters of Administration, with a copy of the Will annexed, to the estate of one Raj Krishna Khan who died on the 20th November 1917. He was born in 1897 and in 1914 was married to a girl twelve years old. At the time of his death, he left him surviving his mother, his minor widow and an infant brother. He was a member of the well-known family of Khans of Mankundu of the District of Hooghly and possessed properties of considerable value. He had taken to evil ways very early and was addicted to wine and women; for six or seven years before his death, he had kept a woman of the name of Sosilabala whom he did not abandon even after his marriage. On the 4th November 1917, he went to Puri for a change; the party consisted of five persons besides himself, namely, his manager, Bibhnti Bhusan Mukerjee, his mistress, Susila, another woman of the name of Puti, who apparently cooked for them, a hanger-on of the name of Binod and...

Srimati Raj Kamini Debi Vs. Mukanda Lal Bandapadhya and ors.

Court: Kolkata

Reported in: 57Ind.Cas.868

1. This appeal arises out of a suit for contribution under the following circumstances:Three brothers Chandra, Gopi and Surja were the owners of an estate comprising two properties, which may conveniently be referred to as the Dacea property and the Dewali property. They mortgaged the properties in 1885. One of the brothers, Chandra, in September 1886 by his Will bequeathed his one-third share of the Dacca property to his daughter Raj Kamini, the defendant No. 1. In September 1891 the three brothers executed a mortgage in favour of Harendra for Rs. 4,000 and odd, out of which the previous mortgage (of 1885) was paid off. Chandra then died, and his Will was proved and Probate granted. In 1903 the mortgagee Harendra brought a suit upon his mortgage against the plaintiff, the defendant No. 2 Surja, and defendants Nos. 3 and 4 who are the representatives of the other brothers. The defendant No. 1, who had obtained the one-third share in the Dacca property under the Will of her father, was ...

Fanny Emmeline Peterson Vs. Earnest Henry Shave and anr.

Court: Kolkata

Reported in: 56Ind.Cas.242

1. This appeal is against an order appointing Ernest Henry Shave and his wife Ethel Mary Shave joint guardians: of a minor named John Christopher Peterson--under Act VIII of 1890. Mrs. Shave is the aunt (mother's sister) of the minor. The application of Mrs. Shave and her husband was opposed by Fanny Emmeliue Peterson, the mother of the infant. The infant is the posthumous son of Alfred Peterson, who died by an accident on the 15th January 1911, and was born on the 25th August 1911 at Darjeeling. He was, therefore, about 71/2 years of age at the time when the application was made and is about 8 1/2 years now. Mr. Peterson at the time of his death was the manager of a sugar factory earning Rs. 375 a month and commission, and on his death Mrs. Peterson was left in a destitute condition. She had four other children whom she placed in charitable institutions, two of (he boys went to La Martiniere, the elder being now an apprentice in the Lilooah Workshops. The third boy is at Kalimnong and...

Dhanpat Singh Kuthory and ors. Vs. Mohesh Nath Tewari

Court: Kolkata

Reported in: 57Ind.Cas.805

1. This appeal arises out of a suit for accounts by a trustee under the the following circumstances.2. One Prem Bibi, a Jain lady, died in 1883 after executing a Will by which she appointed several persons as executors and trustees to carry out the provisions of her Will. She directed all her properties to be converted into money and invested, and the income thereof to be spent for certain religious and charitable purposes.3. Four of the executors proved the Will, of whom Meghraj was one and Bishen Chand, the original plaintiff in the present suit, was another. Meghraj alone, however, administered the estate and acted as trustee. He died in 1900. On his death his son Jalim Singh acted as trustee: and on his death again his sons, the defendants, acted as trustees. Bishen Chand, one of the original trustees, brought the present suit in 1915 for accounts against the defendants in respect of the trust estate.4. On the death of Bishen Chand, the original plaintiff, the suit was continued by...

India General Navigation and Railway Co. Ltd. Vs. the Eastern Assam Co ...

Court: Kolkata

Reported in: AIR1921Cal315,61Ind.Cas.14

Asutosh Mookerjee, J.1. This is an appeal by the defendants, India General Navigation and Railway Co. in a suit instituted against them by the plaintiffs-respondents, Eastern Assam Company, for recovery of damages to goods made over to them for transport by their steamer from Dibrugarh to Calcutta. The defendants are common carriers, and the goods, which consisted of 250 chests of tea, were plead on board S.S, 'Madaya.' On or about the 21st April 1917, after 10 o'clock in the evening, the vessel grounded on a sand-bank at a peace below Hazirhat on the Brahmaputra river. The vessel could not be reflected till five days later when she was pulled off the sand-bank by another steamer Section 'Cambay' belonging to the Company, after she had been lightened by the transference of part of her cargo to a flat 'Bandi,' As soon as the vessel had been reflected, it was discovered that she had sprung a leak, and water had come into the port hold; before the water was completely pumped out the tea i...

Abdul Hakim Ear Mahomed Vs. Ebrahim Solaiman Salehjee and Co.

Court: Kolkata

Asutosh Mookerjee, J.1. This is an appeal by the plaintiff in a suit to recover money due on two promissory notes; they were executed on the 27th March 1915 by the defendant company, each for a sum of Rs. 15,000 in favour of Abdul Hakim Ear Mahomed, The plaintiff, whose name is Abduul Hakim Ear Mahomed, instituted the suit on the assumption that the promissory notes bad been executed in bis favour; the defendants pleaded, however, that they had been executed in favour of a firm which had the same name as the plaintiff and was owned by his father. Mr. Justice Greaves has dismissed the suit, as, in his opinion, the evidence shows that the promissory notes were executed in favour of, not the plaintiff, but the firm. No serious endeavour has been made to challenge this finding before us, as the evidence on the side of the plaintiff himself shows that the money which was advanced to the defendant was taken from the firm. But it has been suggested that as the Judicial Committee have recently...

Singrai Santhal Vs. Puraigi Santhalni and anr.

Court: Kolkata

Reported in: 57Ind.Cas.43

ORDERLancelot Sanderson, C.J.3. This matter was reminded to the learned Judge for a distinct finding upon the question, whether the marriage had been solemnized in India and upon what date. The learned Judge has now found that the petitioner and the respondent were married in India according to the rites of the Christian Baptist Church, both being Christians by religion, and that the marriage took place on the 9th of June 1910. Consequently we confirm the decree....