Kolkata Court July 1922 Judgments
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Sarat Chandra Das Alias Sachidananda Das Vs. Sm. Sarajini Rudraja
Court: Kolkata
Decided on: Jul-10-1922
Reported in: AIR1924Cal135
Suhrawardy, J.1. The facts of this case may be shortly stated.2. The owner of Taluk Kalim Raja granted a patni of certain lands in the taluk to Sachu Ram who went into possession. In 1905 Ichamoyi, the mother, and Mandakini, the daughter, of the talukdar brought a suit against Sachu Ram, alleging in effect that the grant nominally made to him was for their benefit and praying for an account of the profits of the patni. The suit ended in a compromise, dated 16th December, 1905, under which Sachu Ram admitted that the patni right was in the plaintiffs, and agreed to hold possession of the lands as their tenant at an annual rent of Rs. 42-8. Provision was also made for the payment of arrears of rent at that rate. A copy of the petition of compromise is on the present record, but no copy of the decree in that suit of 1905 has been filed, the record of that suit having, it is said, been destroyed by fire. The Courts below have referred, however, to an entry in the general Register of suits ...
Sarat Chandra Das Vs. Sm. Sarajini Rudraja
Court: Kolkata
Decided on: Jul-10-1922
Reported in: 79Ind.Cas.257
Suhrawardy, J.1. The facts of this case may be shoritly stated.2. The owner of Taluk Kalim Eaja granted a patni of certain lands in the taluk to Sachu Earn who went into possession. In 905 Ichamoyi, the mother, and Mandakini, the daughter, of the talukdar brought a suit against Sachu Ram, alleging in effect that the grant nominally made to him was for their benefit and praying for an account pf the profits of the patni. The suit ended in a compromise, dated 16th December 1905, under which Sachu Earn admitted that the patni right was in the plaintiffs and agreed to hold possession of the lands as their tenant at an annual rent of Rs. 42-8-0. Provision was also made for the payment of arrears of rent at that rate. A copy of the petition of compromise is on the present record, but no copy of the decree in the suit of 1905 has been filed, the record of that suit having, it is said, been destroyed by fire The Courts below have referred, however, to an entry in the general Register of suits ...
Leicester and Co. Vs. S.P. Mullick
Court: Kolkata
Decided on: Jul-10-1922
Reported in: 80Ind.Cas.498
Buckland, J.1. There is not much dispute about the facts of this case and they are simple. The plaintiffs sue as a firm and are described in the cause-title as carrying on business in co-partnership as Turf Accountants, a business otherwise known as that of bookmakers, which consists of gambling on horse races, the profits of which they share. The defendant engages in horse racing; he owns race horses and bets on horse races in considerable amounts. On the 20th October 1920 he owed the sum of Rs. 8,500 which he had lost to the plaintiffs at the Barrackpore races. As he did not pay, the plaintiffs reported him to the Barrackpore Turf Club, by the Secretary of which he was, it has been stated, though no formal proof has been given of the fact, reported to the Royal Calcutta Turf Club. On the 6th December, the defendant received a letter signed by the Secretary of the Royal Calcutta Turf Club referring to the report received from the Secretary, Barrackpore Races as to considerable sums ow...
Raja Reshee Case Law Vs. Trailokhya Mohata and ors.
Court: Kolkata
Decided on: Jul-10-1922
Reported in: AIR1923Cal370,76Ind.Cas.492
1. This appeal arises out of proceedings taken by the landlords who are the appellants, under Section 105 of the Bengal Tenancy Act for settlement of fair and equitable rent with regard to lands held by the respondents, under them. The respondents did not appear and we had not had the advantage of hearing any argument on their behalf. The appeal relates to lands described as serials Nos. 1, 12,15, 37, 38, 55 and 56 and the only question raised is whether there should be an enhancement of rent on the ground of rise in the price of staple hod crops. The Revenue Officer allowed enhancement of one-anna in the rupee for the land in serial No. 1 end this rate has been increased to 1 1/2 anna by the Special Judge, who observed that he allowed enhancement at that rate, as half of the area was patit. It is contended on behalf of the appellant that, Under the provisions of the Act, the landlord is entitled to enhancement of rent even with regard to patit lands and the Special Judge is, therefore...
Dwarka Nath Banerji Vs. Rash Behari Guha and ors.
Court: Kolkata
Decided on: Jul-10-1922
Reported in: AIR1923Cal365,76Ind.Cas.401
Thomas Richardson, J.1. This is a second appeal preferred by the defendant No. 1. The suit was brought by the plaintiff to recover possession of certain plots of land to the extant of his share in a certain taluk and to the extent of the share to which he claimed title as purchaser in 1910 of the holding comprising those plots, at a sale in execution of a decree for arrears of rent obtained by him against the defendants Nos. 5 and 6 as raiyats.2. The plaintiff's share in the taluk as talukdar and miras ijaradar amounts to 10 annas, 5 gandas. The share he claimed of the raiyati holding was 9 annas, 15 gandas. His claim is thus stated by the learned Munsif:--'The plaintiff prays for ejectment of the principal defendants from the 10 1/2 annas share, or, in the alternative, for ejectment from 1/2 anna share corresponding to his subsequently acquired share in the taluk, and for a declaration of his right to receive from the principal defendants the rents which defendants Nos. 5 and 6 agreed...
Raghu Nath Sarma Daloi and Vs. Jiban Chandar Sarma
Court: Kolkata
Decided on: Jul-07-1922
Reported in: AIR1923Cal467,70Ind.Cas.874
1. This appeal is directed against a determination of the question of the validity of an election to the headship of the Madhub temple at Hajo in the District of Kamrup. The high priest is named Daloi and the last incumbent of the office died on the 21st December 1917. This religious endowment is described in the proceedings as ancient and its management is now regulated by a scheme drawn up by this Court on the 1st May 1911 in modification of a scheme prepared by the District Judge on the 9th December 1908 in a suit instituted under Section 539 of the Civil Procedure Code of 1882 for the administration of the trust.2. This scheme directs that the Daloi be elected as before by the Bardeories of the temple, to hold the office for life unless removed by the Civil Court in a suit instituted for that purpose. There will also be a Committee of five elected members besides the Daloi who will hold office for three years. Three of the members will be elected by the Bardeories and two by the sh...
Secretary of State Vs. Abdul Rahaman and ors.
Court: Kolkata
Decided on: Jul-06-1922
Reported in: AIR1923Cal377,76Ind.Cas.494
John Woodroffe, J.1. The decision of the learned district Judge appears to me to be clearly correct. The land must, I think, satisfy the description mentioned in Section 3 of the Forest act (Act VH of 1878); only in that case has the Act any application. Here the Act has no application, because it has been found and, indeed, according to the judgment of the district judge, it is conceded that the land is part or a permanently settled estate. It is then a private property and not the Government property within the meaning of the Forest Act and, therefore, cannot legally be subject of reservation under Chapter II of that Act. So far, there is really ho contention. But it is then argued that as, in point of fact, the rights of the defendants were not shown to be put forward under Section 6 of the Act by way of claim which should have been investigated by the properly constituted authority under Section 7, they must be held to be extinguished under Section 9 of the Act. The clear answer to...
Sarat Chandra Majumdar and ors. Vs. Prasanna Kumar Gope and ors.
Court: Kolkata
Decided on: Jul-05-1922
Reported in: AIR1924Cal366
1. The substantial point which has been argued in this appeal by Babu Trailokya Nath Ghose on behalf of the appellants is that the lower Appellate Court has not sufficiently considered the question of abandonment by the plaintiff under Section 87 of the Bengal Tenancy Act. The passage in the judgment of the lower Appellate Court to which exception has been taken runs as follows : 'It has been proved that defendants Nos. 4 and 5 possess under the plaintiff and they have not abandoned, they hold other lands of plaintiff under Jnan Mujumdar and they never surrendered the lands. No case of abandonment by plaintiff can be entertained.' The facts are as follows : Defendants Nos. 4 and 5 are bargadars under the plaintiff. The plaintiff executed a mortgage of the holding in favour of one Jnanendra. Defendants Nos. 4 and 5 now hold under the plaintiff's mortgages Jnanendra. Now, these being the facts, the lower Appellate Court held that, so far as defendants Nos. 4 and 5 are concerned, it was q...
Mofezuddi and anr. Vs. Emperor
Court: Kolkata
Decided on: Jul-05-1922
Reported in: AIR1924Cal435
Walmsley, J.1. The two appellants, Mofezuddi and Aizuddi, were placed on their trial before the learned Sessions Judge of Backerganj and a Jury on charges of rioting and other offences. The jury found both the accused guilty of offences under Sections 148, 302, read with 149 and 302, read with 34, of the Indian Penal Code. In addition, Mofezuddi was found guilty under Section 323 and Aizuddi under Section 324, Indian Penal Code, and the learned Sessions Judge, accepting the unanimous verdict of the Jury, has convicted and sentenced the accused.2. The case was a very serious one which resulted in the death of a man named Nehal-ud-din. Eleven of the accused's party were placed on their trial more than a year ago, and were convicted in the Sessions Court. On appeal to this Court) their conviction under section 302 read with Section 149, Indian Penal Code, was set aside and they were all sentenced to undergo three years' rigorous imprisonment under section 148, Indian Penal Code.3. The obj...
Sarat Chandra Majumdar and ors. Vs. Prasanno Kumar Gope
Court: Kolkata
Decided on: Jul-05-1922
Reported in: 71Ind.Cas.304
1. The substantial point which has been argued in this appeal by Babu Trailokya Nath Chose on behalf of the appellants is that the lower Appellate Court has not sufficiently considered the question of abandonment by the plaintiff turner Section 87 of the Bengal Tenancy Act. The passage in the judgment of the lower Appellate Court to which exception has been taken runs as follows: 'It has been proved that defendants Nos. 4 and 5 possess under the plaintiff and they have not abandoned, they hold other lands of plaintiff under Jnan Majumdar and they never surrendered the lands. No case of abandonment by plaintiff can be entertained.' The facts are as follows: Defendants Nos. 4 and 5 are bargadars under the plaintiff. The plaintiff executed a mortgage of the holding in favour of one Jnanendra. Defendants Nos. 4 and 5 now hold under the plaintiff's mortgagee Jnanendra. Now, these being the facts, the lower Appellate Court held that, so far as defendants Nos. 4 and 5 are concerned, it was qu...
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