Kolkata Court March 1922 Judgments
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Purna Chandra Chattopadhya Vs. Sheikh Mabud Buksh and ors.
Court: Kolkata
Decided on: Mar-09-1922
Reported in: AIR1923Cal291(1),68Ind.Cas.200
1. The appeal in this case raises the question whether the appeal to the lower Appellate Court was barred or not. In our opinion it was not time barred as the appellant was entitled to deduct the period during which the application for review was pending.2. We accordingly decree these appeal, set aside the decrees of the lower Appellate Court and direst that the appeals be reheard by the lower. Appellate Court.3. As no one appears for the respondents in these three appeals we make no order as to costs is of these appeals....
Har Kisore Seal and ors. Vs. Thakurdhan Baishnab and anr.
Court: Kolkata
Decided on: Mar-07-1922
Reported in: 70Ind.Cas.479
1. This appeal arises out of a suit for recovery of possession and declaration of title to lands and we deal with only one point in this case. The question which arises is this. It is admitted that the property which is the subject-matter of the suit belonged to a man of the name of Madan. The plaintiffs-appellants are purchasers from the daughter's sons of the grandfather of Madan. The defendants claim under purchase from the mother of Madan. Madan the son, died admittedly after the re-marriage of his mother. Now, the question arises which of the parties has acquired title by their purchase; and this depends upon the question whether the daughter's sons of the grandfather of Madan were the heirs of Madan or whether Madan's mother was his heir Both Courts have found in favour of the latter alternative and accordingly dismissed the suit and the appeall The question, therefore, which We have to decide is whether or not Madan's mother, who is prima facie his heir under the Hindu Law, was ...
Jamini Kumar Seal and anr. Vs. Thakur Dhan Baishnab and anr.
Court: Kolkata
Decided on: Mar-07-1922
Reported in: 79Ind.Cas.1048
1. This appeal arises out of a suit for recovery of possession of and declaration of title to lands and we deal with only one point in this case. The question which arises is this. It is admitted that the property which is the subject-matter of the suit belonged to a man of the name of Madan. The plaintiffs appellants are purchasers from the daughter's sons of the grandfather of Madan. The defendants claim under purchase from the mother of Madan. Madan the son, died admittedly after the remarriage of his mother. Now, the question arises which of the parties has acquired title by their purchase; and this depends upon the question whether the daughter's sons of the grandfather of Madan were the heirs of Madan or whether Madan's mother was his heir. Both Courts have found in favour of the latter alternative and accordingly dismissed the suit and the appeal. The question, therefore, which we have to decide is whether or not Madan's mother who is prima facie his heir under the Hindu law was...
Mangobinda Dutta and anr. Vs. J. Baisogomaff
Court: Kolkata
Decided on: Mar-03-1922
Reported in: AIR1922Cal104,67Ind.Cas.714
1. The appellants agreed to purchase certain quantities of steam coal and rubble from the respondent under three several contracts dated the 20th December 1916, 25th December 1916 and 2ad January 1917 respectively. At the time of entering into the two last named contracts the appellants paid to the respondent the respective sums of Rs. 152-8-0 and Rs. 520, the agreement being that those amounts were to remain in deposit with the respondent, they paying cash for the earlier orders to be given under the contracts, and the deposits being eventually credited as payments or part payments against the final order.2. In regard to the last two contracts the respondent sued to recover damages but the suits were dismissed on the finding that in the state of the market he had suffered no damage. The appellants also sued for the recovery of the two sums mentioned above, namely, Rs. 152-8-0 and Rs. 520 and it is with these that we are concerned in the present appeal. The first Court decreed the amou...
Arjan Mirdha and on His Death One of His Heirs and Legal Representativ ...
Court: Kolkata
Decided on: Mar-03-1922
Reported in: AIR1923Cal294,68Ind.Cas.194
Walmsley, J.1. The plaintiffs brought a suit to recover possession of some land and in the plaint they specified their respective shares. The first Court decreed the suit. Separate appeals were preferred by the defendant No. 4 and the defendant No, 5 to the lower Appellate Court. After the institution of these appeals, the first plaintiff died. There was delay in substituting his heirs and the learned Judge in the lower Appellate Court held that each of the appeals about 3 as against the plunkiff No. 1 respondent. When the appeals name up for hearing, the argument was advanced that they Were no longer omnificent and the Judge gave effect to that contentions and dismissed the appeal as against all the resp indents, The defend ants Nos. 4 and 5 have again preferred these appeals to this Court. On their behalf, it is urged that the learned Judge was wrong. We have been shown the decisions of this Court bearing on the question. Two are referred to in the judgment of the lower Appellate Cou...
Kumud Kanta Chakraburtty Vs. E. Bignold, Manager, Court of Wards, Myme ...
Court: Kolkata
Decided on: Mar-03-1922
Reported in: AIR1923Cal306,68Ind.Cas.664
1. This appeal arises oat of what has rightly been described by the learned Counsel for the respondent as a storm in a tea cup. The plaintiff and the defendant are two gentlemen residing at Mymensingh. On the 15th July 1917 the first train from Mymensingh to Netrokona was run across a newly erected bridge On the evening of that day the plaintiff and defendant were both on the embankment leading to this bridge. The defendant was accompanied by two ladies. The plaintiff passed in front of those ladies not noticing that they were there. The plaintiffs conduct caused annoyance to the ladies and the defendant did not realize that the plaintiff's rudeness was unintentional. The defendant had authority from the Agent of the Railway Company to remove trespassers from that place and he went and gave the plaintiff a slight push. He did not go through the formality of asking the plaintiff to go and waiting for his refusal before using physical forte. On these finding the lower Appellate Court has...
Swarna Kumar Ghosh Vs. Prahlad Chandra Sarkhel and ors.
Court: Kolkata
Decided on: Mar-02-1922
Reported in: AIR1922Cal474,67Ind.Cas.719
1. This is an appeal arising out of a suit brought for a declaration that a certain kabala in favour of defendant No. 7, who is the contesting defendant, and executed by defendants Nos. 1 to 6 in 1323 is invalid, and that the same should be set aside.2. The First Court decreed the suit against defendants Nos. 1 to 7 and on appeal it was held that the appeal failed. We should also mention that, besides the prayer for a declaration, the plaint also asked for a specific performance of a contract for sale.3. Before us, in appeal by defendant No. 7, three points have been urged. First of all, that the covenant is fraudulent as referred to in the judgment of the Subordinate Judge, namely, that if the lessee or any of his representatives intend to transfer the whole or any portion of the lease, the transfer would be made in favour of the lessors for proper price, that the lessee would not be able to transfer in favour; of a third party without lessor's permission or wishes, that in the case o...
Brahmamoyi Debya and anr. Vs. Somarali Sheikh and ors.
Court: Kolkata
Decided on: Mar-02-1922
Reported in: AIR1922Cal77,68Ind.Cas.109
1. This appeal arises oat of a suit for arrears of rent, and the only point to be decided is the rate of interest to be given to the plaintiffs on the arrears.2. The tenancy commenced with the execution of a registered kabuliyat for a term of three years on the 25th May 1880 and the defendants in this suit are the sons and son-in-law of the executants of the kabuliyat and they or their predecessor have been holding over since the first term of the kabuliyat expired. The kabuliyat provides for payment of 24 rupees in cash and 3 aras of paddy, or in lien of the paddy 12 rupees per annum. The condition as to interest contained in the kabuliyat is that the tenant should pay interest at 6 pies per rapes per menses on the cash rent and one cotta per rupee per month on the rent payable in paddy. Both the lower Courts have held that the plaintiffs cannot get interest at higher rate then 12 per cent, per annum. This finding is base on two grounds, firstly, that the contract for interest was a h...
Benowari Lal Ram and ors. Vs. Pronab Krishna Majumdar and ors.
Court: Kolkata
Decided on: Mar-01-1922
Reported in: AIR1922Cal569,71Ind.Cas.516
Suhrawardy, J.1. This Rule was issued against the orders, dated the 30th December 1921 and 4th January 1922, passed by the Sub-Divisional Magistrate of Berhampur under Section 144, Criminal Procedure Code, on the grounds mentioned in the petition, viz., that the orders are ultra vires, illegal and beyond the scope of Section 144, Criminal Procedure Code.2. The facts of the case are that there is an old hat at a village Islampur, belonging to the opposite party, which is held on every Monday, and attended by, among others, the people of Chak Harharia. Some difference arose between the opposite party and the people of the Chak, and these petitioners started a hat in the Chak which was held on Sunday, the 25th December 1921, at a place. near the Local Board road. It appears from the Police report that on hearing that the new hat was being held, the opposite party sent their men to the place, and there was a serious fighting between the parties which resulted in the starting of criminal ca...
Pratap Chandra Jana Vs. the Secretary of State for India in Council
Court: Kolkata
Decided on: Mar-01-1922
Reported in: AIR1922Cal101,67Ind.Cas.375
1. This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Huda in a suit for a declaration that a certificate issued under the Public Demands Recovery Act, 1913, was ultra vires, for refund of the amount recovered thereunder, and for a permanent injunction to restrain the Secretary of State for India from the issue of similar certificates in future. The Court of first instance decreed the suit. On appeal the Subordinate Judge dismissed the suit. On second appeal to this Court, Mr. Justice Huda confirmed this decision. We are now invited to hold that the suit had been rightly decreed by the Trial Court, as the proceedings of the Revenue Authorities were without jurisdiction.2. The facts material for the determination of the question in controversy may be briefly outlined. The plaintiff holds a tenancy under the Secretary of State for India within a temporarily settled area. The land was surveyed and the rent was settled under Part II of Chapter X of the...
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