Kolkata Court July 1920 Judgments
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Rajani Kant Mondal and ors. Vs. Kanti Chandra Mandal and ors.
Court: Kolkata
Decided on: Jul-16-1920
Reported in: 64Ind.Cas.237
Greaves, J.1. This is an appeal by defendants Nos. 2 to 4 from a decision of the First Subordinate Judge of Burdwan, affirming a decision of the Munsif at Kalna. The question that arises is with regard to the construction of a Will of one Umesh Chandra Mandal. The Will is dated the 15th Falgun 1303 B.S. The testator died soon after executing his Will. By his Will he devised certain properties referred to in the schedule for the maintenance of his daughter, Srimati Manodabala Dasi, who was a childless widow : and the only question that arises upon this Will is whether upon the death of the widowed daughter who was given a life-interest, the properties passed to the person who was the heir of the testator at the date of his death or to the person or persons who was or were the testator's heirs on the death of the tenant for life. But for the argument addressed to us by the learned Vakil for the appellants, I should have thought that the matter was absolutely clear from the terms of the W...
Sakhawat Ali Khan and anr. Vs. Amir Pramanik and ors.
Court: Kolkata
Decided on: Jul-16-1920
Reported in: 61Ind.Cas.208
Greaves, J.1. The plaintiffs are the appellants and they appeal from a decision of the Subordinate Judge of Bogra, reversing a decision of the Munsif. The suit was on an instalment mortgage-bond. The first Court decreed the suit and the secandvdii-missed it on the ground of limitation, I think the judgment appealed from is quite correct. The case depends on the construction of the mortgage in which there is a provision that if by lazinasa in payment of money of any kist of the kistibundi we (that is, the mortgagors) makes default of one kist then all the kitts being taken as defaulted the mortgagors shall pay interest at the rate of Rs. 6 40 per month from the date of default of the kist up to the year of final payment.' I think that clearly means that, in the event of default being made in payment of one kist, the whole of the amount is to be paid and interest is to be paid on the whole amount.2. It is said that this is not so and that there is no provision such as one would expect to...
Surendra Nath Bose and ors. Vs. Aghore Nath Bose and ors.
Court: Kolkata
Decided on: Jul-15-1920
Reported in: AIR1921Cal534,62Ind.Cas.464
Asutosh Mookerjee, Acting C.J.1. This is an appeal by the defendant in a suit for arrears of rent. The suit was decreed in part in the Court of first instance. On appeal, an objection was taken to that decree on two grounds, first, that one of the tenants, Noni Gopal Bose, had not been joined as a party, and secondly, that another tenant, an infant Probodh Krishna Basu, had not bean properly represented by a guardian ad litem, As regards the first point, the District Judge held that the objection was well founded in form. He found that although the name of Noni Gopal Boss did not appear in the plaint and had apparently been omitted by mistake therefrom, be had received a copy of the summons and had been represented throughout by a Pleader after he had filed a written statement. the District Judge thereupon directed, after be had delivered judgment, that notice should be issued to Noni Gopal Bose, informing him that his name had been added as a party defendant. The notice was not person...
Durga Priya Choudhury Vs. Hazra GaIn and ors.
Court: Kolkata
Decided on: Jul-15-1920
Reported in: AIR1921Cal345,62Ind.Cas.453
Asutosh Mookerjee, Acting C.J.1. This is an appeal by the plaintiff in a suit for arrears of rent at an enhanced rate, on the ground that the tenants are in occupation of more lands than those for which they have hitherto paid rent, The case for the plaintiff is that the rent at which the tenants hold was assessed on an area of 27 bighas 5 cottas and 8 chittacks whereas the area now in their occupation is 37 bighas 12, cottas and 8 chittacks. The plaintiff accordingly prays that rent may be assessed on the excess land and a decree made on that footing. the tenants deny that they hold any land for which additional rent can be assessed, and they contend that they are not liable to pay rent for more than 27 biahos 5 cottas and 8 chittackt. On these pleadings, the Court of first instance tame to the conclusion that the plaintiff was entitled to additional rent for additional lands. Upon appeal, that judgment has been set aside by the District Judge. In our opinion the decree made by the Di...
Kali Narayan Roy Choudury and ors. Vs. Haran Chandra Ghose and ors.
Court: Kolkata
Decided on: Jul-15-1920
Reported in: 62Ind.Cas.714
Mookerjee, Acting C.J.1. A preliminary objection has been taken on behalf of the respondent that in the events which have happened the suit cannot proceed: It is pointed out in the first place that one of the respondents, Banu Chand Bibi, died more than six months ago and no one has been substituted in her place. It is further pointed out that two infants, Jahiruddin and Rajani Pal, are not represented here. It is not disputed that these allegations are well founded, It has been suggested, however, that the appeal can proceed in the absence of these parties. We are unable to entertain this view: The suit as framed was a suit for damages for tort against all wrong doers, and it is not open to the plaintiff-appellant to contend that he can now proceed against some of them at his choice.2. The result is that this appeal is dismissed with costs.Fletcher, J.3. I agree....
Kumari Dasya Widow of Ram Kumar De Vs. Rani Hemanta Kumar Debi Widow o ...
Court: Kolkata
Decided on: Jul-15-1920
Reported in: 60Ind.Cas.402
1. This appeal arises oat of a suit brought by the plaintiff in the Court of an Assistant Settlement Officer under the provisions of Section 106 of the Bengal Tenancy Act. In the Record of rights prepared under Chapter X of the Act the plaintiff was entered as a settled raiyat of the village. Her contention is that this entry is incorrect and that her status is, in facts, that of a raiyat holding at a fixed rent. The decision of the Court of first instance was in her favour. In the Court of first appeal, t. e' fie Court of the Spsaial Judga of Mymensingh the learned Judge held that the plaintiff had suooeeded in proving that the rent payable in respect of the holding had remained at Rs. 12-6-0 for more than t seventy years and that the defendant had failed to prove any variation in the rent at any prior period. He next proceeded to hold that the predecessor of the present plaintiff, her husband, a person of the name of Rim Kumar, had transferred the holding to his wife somewhere about ...
Mohammad KazimuddIn Chowdhury Vs. Sreemutly Sobha Khatun and ors.
Court: Kolkata
Decided on: Jul-15-1920
Reported in: 60Ind.Cas.689
1. This appeal arises out of a suit brought by the plaintiff to recover possession of certain waqf properties for the purposes of the trust. The properties in question were dedicated for religious purposes or made waqf as regards an 8 anna share by one Karim Kazi and as regards the remaining 8 anna share by the heirs and representatives of Amir Kazi the brother of Karim Kazi. The mulwalliship descended to one Najibannissi who in February 1901 executed a conveyance of the properties in question in favour of one Sobha Khatun who is defendant respondent No. 1 in these proceedings. The suit was instituted by the plaintiff Kazim-ud-Din, who is a descendant of one of the waqifs, in respect of the second waqfnamal on 21st April 1915 and both the Courts below held that it was barred by limitation.2. Plaintiff is the appellant before us and his contention in this Court is, that the conveyance executed by Najibannisa should be regarded as merely a transfer of the trusteeship or mutwalli and that...
Ujir Ali Sirdar Vs. Shadhai Behara and ors.
Court: Kolkata
Decided on: Jul-15-1920
Reported in: 68Ind.Cas.1003
Mookerjee, Actg, C.J.1. This is an appeal by the plaintiff in a suit for ejectment of the defendants from what, awarding to him, originally constituted a service-tenure.2. The snit was instituted in the first instance against five defendants, the representatives-in-interest of the alleged service-holder, and was decreed in the Court of first instance. Upon appeal to the District Judge, that decree was set aside on the ground that one Macleod, a transferee from the other defendants, should have been joined as a party defendant to the suit. The validity of the order of remand so made by the District Judge was considered by this Court, but the order was affirmed. Thereupon the order made was tarried out and Macleod was added as a defendant on the 6th September 1916. The Subordinate Judge has, after re-trial, held that the claim is unfounded, and that view hag been accepted by the District Judge.3. On appeal to this Court, the decree of the District Judge has been assailed on three grounds...
Abdul Kader Vs. Mon Mohan Gope
Court: Kolkata
Decided on: Jul-14-1920
Reported in: AIR1921Cal149,66Ind.Cas.75
1. The petitioner has been convicted under Section 379, Indian Penal Code, and sentenced to rigorous imprisonment for two months.2. The accused is a young man of 20 years of age; and evidently this is the first time that he has been brought to the Criminal Court. One of the witnesses for the defense, a Civil Court Mukhtear, gives him a goad abaracter,3. Having regard to his youth and character, we think he may be dealt with under the provisions of Section 562, Criminal Procedure Code.4. The learned District Magistrate says that no application was made to him during the hearing of the appeal that the accused should be dealt with under the provisions of Section 562. He has no objection, however, to action being taken under that section if that course commends itself to this Court.5. Under the circumstancer, in lieu of the sentenae passed upon the petitioner, we direst that he be released on his en'ering into a bond of Rs. 100 (Rupees one hundred) with two sureties for Rs. 100 (one hundre...
Satis Chandra Ckakrabarti Vs. Ram Dayal De
Court: Kolkata
Decided on: Jul-13-1920
Reported in: AIR1921Cal1,59Ind.Cas.143
Ashutosh Mookerjee, Acting C.J.1. On the 11th July 1919 Satis Chandra Chakrabarti, the petitioner in the present Rule, made an application to this Court and prayed that disciplinary action might be taken against Mr. Ramdayal De. a Vakil of this Court, who had acted on behalf of one Chandra Kumar Chakrabarti with whom he had been involved in a protracted litigation, It is not necessary for our present purpose to narrate the history or review the progress of that litigation; it is sufficient to state that the application made by the petitioner contained grave charges of misconduct against Mr. De. The application was supported by an affidavit which recited that the facts mentioned in the petition were true to the knowledge of the deponent except those contained in paragraphs 10, 25 and 27, and that a part of paragraphs 4, 47 and 50 were true to his information and belief. The application was heard in the first instance by Fletcher and Duval, JJ. On the 17th July 1919 the matter was referr...
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