Kolkata Court November 1923 Judgments
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Jagabandhu Nandi and ors. Vs. Abdul Hamid Mea and ors.
Court: Kolkata
Decided on: Nov-21-1923
Reported in: AIR1925Cal82,85Ind.Cas.214
Walmsley, J.1. This appeal is preferred by some of the defendants who bought at an auction-sale some property which had been included in a mortgage by the defendant No. favour of the plaintiff. The defendants say that the sale was a rent sale at which they purchased and that after they had purchased, they took steps under the Bengal Tenancy Act to annul the encumbrances, and in consequence; the property in their hands is exempted from the mortgage liability. The whole question turns upon whether or not the decree in execution of which the defendants made their purchase was a rent decree, and that again turns upon the question whether the plaint which led up to the decree was a plaint such as is contemplated by Section 148-A of the Bengal Tenancy Act. The learned Munsif held that the plaint was properly drawn up under Section 148-A of the Bengal Tenancy Act. The learned Subordinate Judge on appeal took a contrary view and he relied on the decision in the case of Baikunta Nath Sen v. Ram...
Dooly Chand Srimali Vs. Mohanlal Srimali and anr.
Court: Kolkata
Decided on: Nov-21-1923
Reported in: (1924)ILR51Cal432
Sanderson, C.J.1. This is an appeal from the judgment of ray 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 were 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 adopted...
The East Indian Railway Company Vs. Kanailal
Court: Kolkata
Decided on: Nov-21-1923
Reported in: 80Ind.Cas.205
C.C. Ghose, J.1. This is an application under Section 115, Civil Procedure Code and it has arisen under the following circumstances: On the 13th June 1920, the Opposite Party delivered to the Jodhpur-Bikaneer Ry. 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. 981-4-0 in respect of the package which was lost against the East Indian Ry. 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 jurisdi...
Chand Mia Munshi and ors. Vs. Tukamia and ors.
Court: Kolkata
Decided on: Nov-20-1923
Reported in: AIR1924Cal667
1. This appeal is against the judgment and decree of the District Judge of Noakhali reversing those of the Munsif of Lakhmipore. The plaintiffs are the appellants and the appeal arises out of a suit for confirmation of possession after declaration of the plaintiff's title to the tank in suit.2. The cause of action arose in this way : There was a record-of-rights of the mouzah in which the tank is situated; under Chap. X of the Bengal Tenancy Act. The tank was recorded as within the tenancy of the plaintiffs, but it was also recorded that the defendants would be entitled to rear fishes and use the water of the tank. With regard to the use of the water of the tank there is no question and the plaintiffs had not disputed that right. But the plaintiffs say that the defendants have no right to rear fishes in the tank and the record-of-rights is erroneous to that extent.3. The suit has been brought for a declara tory decree as provided in the proviso to Section 111-A of the Bengal Tenancy Ac...
Chandmul Mulchand Vs. S. and C. Nordlinger
Court: Kolkata
Decided on: Nov-19-1923
Reported in: AIR1924Cal490,80Ind.Cas.151
Buckland, J.1. This is a suit for a declaration that an award dated the 3rd September, 1921, made by the Bengal Chamber of Commerce is invalid and inoperative.2. On the 2nd January, 1918, the parties-to this suit entered into an agreement containing terms under which they would conduct business with each other, and amongst other terms the second provides that 'in the event of any dispute arising as to inferiority of quality, defects or differences in the goods, the same shall be referred within 90 days of the arrival of the goods in Calcutta to the Bengal Chamber of Commerce unless a special agreement exists on the subject between the said parties, and no claim will be entertained if made after 90 days from date of arrival of goods.' The latter part of the same clause provides that 'the Chamber shall arrange for survey in accordance with its rules, that surveys shall be held on the actual goods and not on shipment samples, and that all survey reports, accompanied by samples, signedi an...
Manmatha Nath Mullick Vs. Secretary of State
Court: Kolkata
Decided on: Nov-15-1923
Reported in: AIR1924Cal574,83Ind.Cas.442
Mookerjee, J.1. This is an appeal against an award made under the Land Acquisition Act, 1894, in respect of land acquired in connection with what is known as the Central Avenue Scheme of the Calcutta Improvement Trust. The declaration under Section 6 was published on the 20th May, 1919, The claimant thereupon contended that the land should be valued at Rs. 8,000 a cottah. The Collector made an award at the rate of Rs. 5,500 a cottah. As the land had been acquired for the purposes of the Calcutta Improvement Trust, an appeal was preferred to the Tribunal. The result was that the Tribunal made an award at the rate of Rs. 6,000 a cottah. The claimant has appealed to this Court under Section 3 of the Calcutta Improvement (Appeals) Act, 1911, and has valued the relief at Rs. 20,000. It is consequently clear that the claimant does not adhere to his original estimate of Rs. 8,000 a cottah; he now claims in substance a little over Rs. 1,000 a cottah in excess of the rate allowed by the Tribuna...
Powrah Municipality and ors. Vs. Haripada Roy Chowdhury
Court: Kolkata
Decided on: Nov-15-1923
Reported in: AIR1924Cal1070
1. This is an appeal from the decision of the 1st Subordinate Judge of Howrah affirming the decision of the Munsif, 2nd Court, Howrah. The plaintiff in this case was a candidate for election as Commissioner of the Howrah Municipality. The defendants are the Chairman of the Municipal Commissioners of Howrah, the Vice-Chairman and the Presiding Officer appointed to hold the Municipal General Election which was to take place shortly after the suit was instituted. The plaintiff asked for declaration of his right to be present at the place and time when and where the votes of the voters would be recorded and also that the defendants or any of them have no right to prevent the plaintiff from being present at that place. He further asked that the defendants be restrained from prohibiting the plaintiff to be present at that place.2. The Municipal Act applicable in Howrah is Act III of 1834, B.C.S. 15 of that Act gives the Local Government power to lay down rules not inconsistent with the provi...
Secretary of State Vs. Bejoy Kumar Adya and ors.
Court: Kolkata
Decided on: Nov-15-1923
Reported in: AIR1925Cal224
Mookerjee, J.1. This is an appeal by the Secretary of State for India in Council in an apportionment case under the Land Acquisition Act.2. The respondents held the property acquired, under a grant made in their favour on the 1st February, 1861, by the Collector of the 24-Parganahs. The settlement was permanent, but a clause was added at the end of the lease in following terms: 'If any portion or the whole of this land be required for the Government we shall give up the same without any compensation.' The Government, as landlord, has never exercised its power to resume the land by virtue of this clause. On the other hand, on the 5th May, 1914, a declaration was made under Section 6 of the Land Acquisition Act that the land was to be acquired for the purposes of a road in continuation of the Kali Temple Road, westward to Tolly's Nallah. This declaration was published at the instance of the Calcutta Corporation which required the land for public purposes. The Collector refused to make an...
The Chairman of the Commissioners of the Howrah Municipality and ors. ...
Court: Kolkata
Decided on: Nov-15-1923
Reported in: 82Ind.Cas.345
1. This is an appeal from the decision of the First Subordinate Judge of Howrah affirming the decision of the Munsif, Second Court, Howrah. The plaintiff in this case was a candidate for election as Commissioner of the Howrah Municipality. The defendants are the Chairman of the Municipal Commissioners of Howrah, the Vice-Chairman and the Presiding Officer appointed to hold the Municipal General Election which was to take place shortly after the suit was instituted. The plaintiff asked for a declaration of his right to be present at the place and time when and where the votes of the voters would be recorded and also that the defendant or any Of them had no right to prevent the plaintiff from being present at that place. He further asked that the defendants be restrained from prohibiting the plaintiff to be present at that place.2. The Municipal Act applicable in Howrah is Act III of 1884, B.C. Section 15 of that Act gives the Local Government power to lay down rules not inconsistent wit...
Akhileswari Dasi and anr. Vs. Hari Charan Mirdha and anr.
Court: Kolkata
Decided on: Nov-14-1923
Reported in: AIR1925Cal223,84Ind.Cas.689
Mookerjee, J.1. This appeal is directed against an order of dismissal made on an application for revocation of letters of administration with copy of the will annexed, granted to the respondent on the 76h October, 1912, in respect of the estate of one Ram Chandra Mirdha, who made a will on the 4th February, 1912. He died a week later, leaving a widow and two daughters by a predeceased wife. On the 26th August, 1912, the respondent, who is the son of the first cousin of the deceased applied for letters of administration with a copy of the will annexed. It was pointed out by the officer of the Court that the information supplied in the petition was not adequate and that as two infants were interested in the estate, the petitioner should state the names of persons who might act as guardians. The petitioner complied with the requisition and proposed the maternal uncle of the infant daughters of the deceased as their guardian. In these circumstances, one would have expected that, in the nor...
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