Kolkata Court August 1920 Judgments
Behari Lal Sikdar and ors. Vs. Harsuk Dass Chhakinal and ors.
Court: Kolkata
Decided on: Aug-31-1920
Reported in: 61Ind.Cas.904
Teunon, J.1. This appeal is directed against an order made by the District. Judge of the 24 Pargunnas in the exercise of his insolvency jurisdiction.2. It, appears that on the 13th of Marsh 1919, on the petition of certain creditors, the four appellants (tarrying on business in co-partnership were adjudicated insolvents. On appeal to this Court the order of the District Judge was affirmed on the 25th July of the same year. Meanwhile the Receiver appointed under the provisions-of Section 18 of the Acts had taken steps to ascertain and realise the property of the insolvents. Certain sales effected by him notwithstanding the objections of the insolvents were confirmed by the Court on the 22nd September 1918.3. Then followed on the 30th of January 1920 a petition by the insolvents submitting a proposal for a composition. To this proposal they appended a list, showing the names of 27 creditors (one apparently being mentioned twice over) and the sums (excluding interest) due to each aggregat...
Tag this Judgment!Rash Behari Ghose Vs. the Official Assignee
Court: Kolkata
Decided on: Aug-31-1920
Reported in: AIR1921Cal95,68Ind.Cas.341
Mookerjee, Actg. C.J.1. This appeal is directed against an order made by Mr. Justice Rankin under Section 36 843M D & VI. 45 : at p. 4 C : 5Q B. 401 : 13 L, J, Q B. 95;8 Jur 35 : H.E. 0 of the Presidency Towns Insolvency Act, 1909. The subject-matter of the order is War Bands to the value of Rs, 20,000 deposited by Jacob and Co., with the Registrar of this Court on its original side as security for the due performance of a decree obt(sic)oul against them by the appellant, Raid Behari Gloss, or of such decree as may ultimately be made in the litigation between them. The events, which have lad up to the order, may be briefly narrated.2. On the 3rd July 1913 Nitai Charan Ghose, father of the appellant, was adjudicated an insolvent on his own petition. On the 11th January 1916, the insolvent same up for his discharge and the order of the Court was that his discharge be suspended for 18 months, that is, till the 11th July 1917. The order was completed and filed on the I8th July 1917. Now it...
Tag this Judgment!Bhola Nath Khanra and ors. Vs. Purna Chandra Banerjee and ors.
Court: Kolkata
Decided on: Aug-30-1920
Reported in: AIR1921Cal548,67Ind.Cas.730
1. The petitioners before us have been directed to pay costs in a proceeding by which the lower Appellate Court revoked the sanction obtained by the petitioners to prosecute certain persons.2. The petitioners applied for function to prosecute three persons. The Court of first instance disallowed the application in respect of two, and granted sanction in respect of ore of them. On appeal, the sanction was revoked by the lower Appellate Court but, as stated above, in doing so that Court directed the petitioners to pay costs.3. Section 195, Criminal Procedure Code, does not provide for awarding costs and we do not find any other provision in the Criminal Procedure Code for awarding costs in such a matter. 4. On the other hand, our attention has been drawn on behalf of the petitioners to two cases--one in Weir's Criminal Rulings Vol. 10, 4th Edition, 196 [See the case of Mahomed Dustagir Sahib v. Mahomed Karimuddeen 2 Weir 196] in which Collins, C. J., is reported to have held that the pow...
Tag this Judgment!Chandra Kanta Nath and ors. Vs. Amjad Ali Hazi
Court: Kolkata
Decided on: Aug-30-1920
Reported in: AIR1921Cal451,61Ind.Cas.466
Asutosh Mookerjee, Acting C.J.1. This reference has been made in connection with a suit for ejectment of an under-raiyat after service of notice on him in accordance with Section 49(b) of the Bengal Tenancy Act. On the 13th March 1895, the pre-deceesor of the plaintiffs granted a Sub-lease to the defendant in respect of the disputed property. The document described the interest of the grantor as that of a kaimi raiyat, that is, a raiyat with a permanent right; because, as pointed out in Meher Ali v. Kalai Khalashi 29 Ind. Cas. 461 : 19 C.W.N. 1129 : 27 C.L.J. 579, the term kaimi imports permanence of occupation but not fixity of rent: in other words, the lessor had an occupancy holding which was heritable but was not held at a fixed rate of rent. The Sub-lease did not fix a term and the defendant has been in occupation for more than twenty years. The plaintiff served a notice on the defendant on the 25th March 1915, which asked him, in aaaordanae with Section 49(b), to quit at the end ...
Tag this Judgment!Ram Chand Sur Vs. Iswar Chandra Giri and ors.
Court: Kolkata
Decided on: Aug-30-1920
Reported in: 61Ind.Cas.539
Asutosh Mookerjee, Acting C.J.1. This reference has been made in connection with a suit to enforce a mortgage security. On the 9th February 1908, the first two efendants, who are described as cultivators by conation took a loan of paddy from the plaintiff who is another cultivator. In the document, which was executed, the paddy was stated to be worth Rs. 300, and the borrowers agreed to pay interest on the loan in paddy at a specified rate. The paddy borrowed, together with interest thereon in the shape of paddy, was made returnable on the 12th February 1909. It was further tipulated that if the paddy was not returned within the time fixed, interest at the prescribed rate would be paid up to the date of realization. As security for realization of the said paddy, the borrowers hypothecated specific immoveable properties. The bond finally provided that, in the event of default in the payment of paddy, the mortgagee would be entitled to take steps according to the law in force, and to rea...
Tag this Judgment!Maharaja Birendra Kishore Manikya Bahadur Vs. Secretary of State for I ...
Court: Kolkata
Decided on: Aug-30-1920
Reported in: AIR1921Cal262,61Ind.Cas.112
Asutosh Mookerjee, Acting C.J.1. This is a Reference under Section 51 of the Indian Income Tax Act, 1918. The section is in the following terms:1. If, in the course of any assessment under this Act or any proceeding in connection therewith other than a proceeding under Chapter VII, a question has arisen with reference to the interpretation of any of the provisions of this Act or of any rule there under, the Chief Revenue Authority may, either on its own motion or on reference from any Revenue Officer subordinate to it, draw up a statement of the case, and refer it, with its own opinion thereon, to the High Court, and shall so refer any such question on the application of the assessee unless it is satisfied that the application is frivolous or that a reference is unnecessary.2. If the High Court is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue Authority by wh...
Tag this Judgment!Syed MohsenuddIn Vs. Bhagaban Chandra Sutradhar and ors.
Court: Kolkata
Decided on: Aug-30-1920
Reported in: AIR1921Cal444,61Ind.Cas.443
Asutosh Mookerjee, Acting C.J.1. This reference has been made in connection with an appeal by the plaintiffs in a suit for ejectment. The facts material for the elucidation of the question of law involved in the appeal lie in a narrow compass. Two persons, Durgacharan and Gunamoy, held a non--transferable occupancy holding under the plaintiffs. The tenancy included ten plots of land and the rent payable was Rs. 13--2 a year. On the 17th December 1915 the tenants sold a portion of their holding to the first defendant. The landlords, who were not parties to this transaction, thereafter sued their tenants for recovery of arrears of rent. The tenants expressed their unwillingness to pay rent for the entire holding as they had already transferred a portion. This was plainly no defenes to the suit. The parties, however, tame to an arrangement; the tenants surrendered to their landlords the land they had sold, and took settlement of the remainder for an annual rent of Rs. 6--4. On the basis o...
Tag this Judgment!Anilabala Chowdhurani Vs. Dhirendra Nath Saha
Court: Kolkata
Decided on: Aug-27-1920
Reported in: AIR1921Cal309,65Ind.Cas.57
Asutosh Mookerjee, Acting, C.J.1. This is an appeal under Clause 15 of the Letters Patent from the judgment of the two Judges of a Division Court, who were equally divided in opinion, in the matter of an appeal under Section 83 of the Indian Lunacy Act, 1912, from an order made by a District Court in a proceeding for judicial inquisition as to the alleged lunacy of one Dhirendra Nath Saha Chaudhuri. The District Court held that it had no jurisdiction under Section 62 to direct an inquisition. Mr. Justice Teunon has held that the view taken by the District Court is correct and that the proceedings should have been instituted under Section 37 on the Original Side of this Court, Mr. Justice Beachcroft has held, on the other hand, that the District Court had jurisdiction under Section 62 to entertain the application when made and should have exercised the powers vested in it. The solution of the question raised depends upon the true construction of the provisions of the Indian Lunacy Act, ...
Tag this Judgment!Srimati Sashibala Debi Vs. Srimati Amola Debi and ors.
Court: Kolkata
Decided on: Aug-27-1920
Reported in: 66Ind.Cas.61
1. This appeal arises out of a suit for ejectment, and it is preferred by the defendant. The suit was dismissed in the First Court, but decreed on appeal.2. The plaintiff's case is that defendant is in occupation of a plot measuring about two cuttahs, as a tenant-at-will.3. The defendant raised several pleas in her written statement but we are only concerned with two. The first is, that the holding of the plaintiffs in which the two cottah plot is comprised is an agricultural holding in the sense that it is, used for horticultural purposes, and the second is, that the tenancy was created before the Transfer of Property Act came into force, and that a presumption of permanency ought to be drawn.4. In regard to the first contention, it is admitted that the two cottah plot is used by the defendant solely for residential purposes. The rest of the holding in which it is comprised has a number of houses on it, and also has several fruit trees growing on it, The learned Judge has held that th...
Tag this Judgment!Ali Muhammad Mandal and ors. Vs. Piggot and ors.
Court: Kolkata
Decided on: Aug-27-1920
Reported in: 60Ind.Cas.325
Asutosh Mookerjee, Actg. C.J.1. The events which have led up to the present Rule have been fully narrated in the judgment delivered by Mr. Justice Chatterjea and Mr. Justine Cuming on the 2nd July 1920, in the case of Alt Mohammad Mondal v. Sakiruddi hunshi (Piggot) 59 Ind. Cas. 643 : 32 C.L.J. 255 : 24 C.W.N. 1039, and need not be recapitulated at length for our present purpose. It is sufficient to state that proceedings under Section 145 of the Criminal Procedure Code were initiated by the District Magistrate of Malda on the ground that a dispute likely to cause a breach of the peace existed between the Mathurapur Zemindary Concern and the tenants, relating to the right to grow and collect lac on plum trees standing on lands comprised in the holdings of the tenants. The District Magistrate considered the case to be of such emergency that he proceeded to attach the disputed tree's with the lac thereon, pending his decision under Section 145.' At a later stage, by order of the District...
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