Kolkata Court November 1923 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Rama Nath Sant and ors. Vs. Official Trustee of Bengal
Court: Kolkata
Decided on: Nov-23-1923
Reported in: AIR1925Cal799
1. These are two appeals under Clause 15 of the Letters Patent from the judgment of Mr. Justice Newbould in two suits for recovery of arrears of rent.2. In each suit the question was as to the amount of rent annually payable by the tenant to the landlord. The landlord relied upon the relevent entry in a finally published record-of-rights. The tenant eon-tended that the entry had been rebutted and no reliance should be placed thereon. The primary Court took divergent views in the two suits. In one instance, it was held that the decree should be based on the entry, while in the other it was ruled that the decree should be in accordance with the admission of the tenant. There were appeals to the District Judge in both the cases. He came to the conclusion that in neither suit, should the decree be based upon the entry in the record of rights. On second appeal to this Court, Mr. Justice Newbould has reversed the decision of the District Judge and has directed that the decree in each case be...
Kali Charan Banik Vs. Mani Mohon Saha Banik
Court: Kolkata
Decided on: Nov-23-1923
Reported in: 82Ind.Cas.416
Walmsley, J.1. These two appeals arise from two suits. Kali Charan, the appellant, was plaintiff in one suit, and Mani Mohon, the respondent, in the other, and each made the other defendant. The dispute was about a strip of land, between their two houses. Kali Charan alleged that the dispute had been referred to Arbitrators and decided in his favour, and he asked to have a decree drawn up in accordance with the award. Mani Mohon asserted that there had not been any valid reference to arbitration, and claimed a declaration of his title to the strip of land. He also sought for a declaration of his right of way over an adjoining strip of land.2. The Trial Court found in favour of Kali Charan, overruling all Mani Mohon's objections to the reference, and holding with regard to the alleged right of way that such user as had been proved was of a permissive nature.3. Mani Mohon appealed and the learned Subordinate Judge endorsed the Munsif's findings about the right of way, but held that the A...
Rama Nath Saut and ors. Vs. Official Trustee of Bengal as Trustee to t ...
Court: Kolkata
Decided on: Nov-23-1923
Reported in: 87Ind.Cas.1014
1. These are two appeals under Clause 15 of the Letters Patent from the judgment of Mr. Justice Newbould in two suits for recovery of arrears of rent.2. In each suit the question was as to the amount of rent annually payable by the tenant to the landlord. The landlord relied upon the relevant entry in a finally published Record of Rights. The tenant contended that the entry had been rebutted and no reliance should be placed thereon. The primary Court took divergent views in the two suits. In one instance, it was held that the decree should be based on the entry, while in the other it was ruled that the decree should be in accordance with the admission of the tenant. There were appeals to the District Judge in both the cases. He came to the conclusion that in neither suit should the decree be based upon the entry in the Record of Rights. In second appeal to this Court, Mr. Justice Newbould has reversed the decision of the District Judge and has directed that the decree in each case be e...
Hasim Ali and ors. Vs. Abjal Khan and ors.
Court: Kolkata
Decided on: Nov-22-1923
Reported in: AIR1924Cal1046,82Ind.Cas.392
Mookerjee, J.1. This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Walmsley in a suit for confirmation or recovery of possession of a tank on establishment of exclusive title thereto.2. The plaintiffs set up a three-fold title, namely, title by inheritance, title by purchase and title by adverse possession. The Court of first instance held that title was established not in respect of the entire tank but with regard to a share in it; and unable to determine the precise extent of that share, the Court gave the plaintiffs a joint decree along with the seventeenth defendant. On appeal the Subordinate Judge reversed this decision and dismissed the suit. That decree has been affirmed by Mr. Justice Walmsley.3. The appeal raises three points for consideration, namely, first, whether reliance should have been placed upon the proceedings in a case under Section 145, Criminal Procedure Code; secondly whether the alleged title by adverse possession had been e...
Dharani Mohan Roy and ors. Vs. Ashutosh Mookerjee and Amrita Lal Mooke ...
Court: Kolkata
Decided on: Nov-22-1923
Reported in: AIR1924Cal907
1. This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Walmsley in a suit for arrears of rent.2. The plaintiff-appellant instituted this suit against the defendants respondents for recovery of arrears of rent due in respect of a tenancy held at Rs. 3-9 per annum. The defendants contended that they were not liable as the tenure was rent free. This contention was overruled and the suit was decreed by the primary Court. On appeal, the decision was affirmed by the Subordinate Judge; The judgment of the ,tow Courts went against the defendants on the ground that they were bound by a decree In a proceeding under Section 105, B.T. Act and that they had failed to establish what they had asserted, namely that the decree was made without jurisdiction. On appeal to this Court the defendants urged what they were not precluded by the provision of Section 109. B.T. Act from proving that they held the land rent free. This contention was accepted by Mr. Justice Walm...
Jagadish Chandra De and ors. Vs. Harihar De
Court: Kolkata
Decided on: Nov-22-1923
Reported in: AIR1924Cal1042
Mookerjee, J.1. This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Walmsley in a suit for recovery of possession of land on declaration of title, for establishment, of a right of way and for other incidental reliefs. The suit was decreed in part in the trial Court. On appeal by the defendants their objections were overruled and the cross-objections of the plaintiffs we re-allowed with the result that the Subordinate Judge decreed the claim in full. That decree has been affirmed by Mr. Justice Walmsley. On the present appeal, which has been preferred by three of the-defendants, it has been urged that the-judgment of the Subordinate Judge is based upon inadmissible evidence and cannot be supported. We are of opinion that this contention is well founded and must prevail.2. It appears that in 1900 there was a litigation between the predecessors-in-interest of the parties to this suit. The first and second defendants in that suit were the predecessors-i...
Dharani Mohan Ray Vs. Asutosh Mukerji and ors.
Court: Kolkata
Decided on: Nov-22-1923
Reported in: 82Ind.Cas.396
Asutosh Mookerjee, J.1. This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Walmsley in a suit for arrears of rent.2. The plaintiff-appellant instituted this suit against the defendants-respondents for recovery of arrears of rent due in respect of a tenancy held at Rs. 3-9 per annum. The defendants contended that they were not liable as the tenure was rent-free. This contention was overruled and the suit was decreed by the primary Court. On appeal, the decision was affirmed by the Subordinate Judge. The judgment of the two Courts went against the defendants on the ground that they were bound by a decree in a proceeding under Section 105, Bengal Tenancy Act, and that they had failed to establish what they had asserted, namely, that the decree was made without jurisdiction. On appeal to this Court the defendants urged that they were not precluded by the provisions of Section 109, Bengal Tenancy Act, from proving that they held the land rent free. This...
The East Indian Railway Co. Vs. Kanai Lal
Court: Kolkata
Decided on: Nov-21-1923
Reported in: AIR1924Cal493
C.C. Ghose, J.1. This is an application under Section 115, Civ. Pro. Code, and it has arisen under the following circumstances : On the 13th June, 1920, the Opposite Party delivered to the Jodhpur Bikaneer Railway at Bikaneer Station for carriage to Howrah as passenger's luggage 12 packages, 7 of which were placed in the guard's van. At Howrah the Opposite Party received all the said packages save one of those placed in the guard's van, which had been lost in transit. On the 26th April, 1921, the Opposite Party instituted a suit in the Calcutta Small Cause Court for the recovery of a sum of Rs. 981-4 in respect of the package which was lost against the East Indian Railway Company. On the 7th February, 1923, the suit was decreed in favour of the Opposite Party, although the Petitioner-Company had taken the point that no notice of suit under Section 77 of the Railways Act had been given. The Petitioner Company now contends that the learned. Judge in the Small Cause Court had exercised a ...
Dooly Chand Srimaly Vs. Mohanlal Srimali and anr.
Court: Kolkata
Decided on: Nov-21-1923
Reported in: AIR1924Cal722,83Ind.Cas.606
Sanderson, C.J.1. This is an appeal from the judgment of my learned brother, Mr. Justice Greaves, whereby he dismissed an application by one Dooly Chand Srimali to record certain terms of settlement in the suit.2. The ground upon which my learned brother decided this case was that in recording a settlement he must be satisfied without any shadow of doubt that the parties intended to settle the disputes and that they understood and comprehended that they were so doing and that the terms wore terms to which they assented and agreed. The learned Judge then expressed himself as not being satisfied that this was so in the present case : and, consequently, the application was dismissed.3. The learned counsel, who appeared for the appellant Dooly Chand, directed his attention to this part of the case in opening the appeal. But the learned Counsel, for the respondent, Sir Binode Mitter, took certain; points which go to the jurisdiction of the learned Judge and to the procedure which was adopte...
Mahmud Sheikh and anr. Vs. Kankinarah Co., Ltd.
Court: Kolkata
Decided on: Nov-21-1923
Reported in: AIR1924Cal665
Walmsley, J.1. These two appeals arise from two suits for ejectment. After some adjournments the parties came to an agreement that the defendants should vacate the lands in suit, on compensation being paid to them for building, and that the sum to be paid by way of compensation should be fixed by three independent gentlemen mentioned in the petition of compromise. The trial Court thereupon referred the question of compensation to the arbitration of these gentlemen. One of them, however, refused to act and the other two co-opted another member, and those three proceeded to make an award. On receipt of the award, the learned Munsif made a decree in accordance therewith, in spite of objections by the defendants. The objections were four in number and they have been set out in the Munsif's judgment. Nothing has been said to us about the 1st and 2nd, so I do not refer to them. The third related to the fact that when Babu Ramgopal Bhattacharja refused to act, the other two co-opted Dr. Brojo...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »