Kolkata Court December 1923 Judgments
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Nanibala Dasi and anr. Vs. Ichhamoyee Dasi and ors.
Court: Kolkata
Decided on: Dec-19-1923
Reported in: AIR1925Cal218,84Ind.Cas.674
Mookerjee, J.1. This is an appeal by the plaintiffs against the preliminary decree in a suit for partition.2. A preliminary objection has been taken to the competence of the appeal on the ground that when it was lodged in this Court, the final decree in the suit had already been made by the Subordinate Judge and yet no appeal against that final decree was then or has at any time since then bean filed. The facts material for the determination of this question may be briefly stated.3. The preliminary decree was made or the 5th April, 1922. The Court, thereupon directed that the 18th April, 1922: be fixed for the appointment of a Commissioner and the plaintiffs were called upon to deposit the requisite fees and copies by that date. The plaintiffs failed to comply with this order and the case was adjourned from time to time. On the 1st May, 1922, the following order was recorded: 'The plaintiffs have not deposited the costs for the execution of the commission as directed by the Court, so n...
Najimunnessa Bibi Vs. NacharuddIn Sardar
Court: Kolkata
Decided on: Dec-19-1923
Reported in: (1924)ILR51Cal548
Rankin, J.1. This is a title suit for lands by a lady against the judgment-creditor of her husband who caused the lands to be taken in execution as being the husband's property, and bought them himself at the execution sale. The defendant's decree was obtained in 1910 in Suit No. 453 of 1909. On 4th November 1910 he attached the lands, and the plaintiff filed a claim under Order XX, Rule 58 of the Code. Her claim was dismissed for default on 7th January 1911. Nevertheless, the defendant as decree-holder took no further steps to bring the property to sale, and the execution proceedings were dismissed very soon afterwards for default, whereupon the attachment ceased under Order XXI, Rule 57. In 1918 the defendant issued execution against the same lands, and purchased them at the auction sale. The lower Appellate Court has disposed of the case on the footing that the second execution was under the same decree.2. The present question is whether, in these circumstances, this suit brought in...
Mahamed Manawar Sultan Vs. Shamsunnessa Begum
Court: Kolkata
Decided on: Dec-18-1923
Reported in: (1924)ILR51Cal480
Rankin, J.1. I am of opinion that the course taken in the Court below affords a just grievance to the lady against whom the proceedings were taken, but it affords none whatever to the present appellant. The smallest attention to the words of the Indian Lunacy Act--whether they be the words of Section 62 or the words of Section 38--shows that the Legislature appreciates that to have an inquisition into the state of health, the state of mind the state of property and general capacity of a person is a tiling which affects that person so prejudicially that it ought not to be taken except it be first ordered upon a careful consideration of evidence. It was said in a case which is, I think, the case to which some reference is made in the judgment of the Court below: Muhammad Yaqub v. Nazir Ahmad (1920) I.L.R. 42 All 504, 506 It is true that nothing is contained in the Act itself to direct or guide a Judge as to how he shall consider applications for an inquisition, and probably no rules exis...
Sahebzada Mahammad Munwar Sultan Vs. Sahebzadi Shamsunnessa Begum
Court: Kolkata
Decided on: Dec-18-1923
Reported in: 80Ind.Cas.798
1. I am of opinion that the course taken in the Court below affords not a little just grievance to the lady against whom the proceedings were taken but it affords none whatever to the present appellant. The smallest attention to the words of the Indian Lunacy Act whether they be the words of Section 62 or the words of Section 38 shows this that the Legislature appreciates that to have an inquisitition into the state of health, the state of mind, the state of property and general capacity of a person is a thing which affects that person so prejudicially that it ought not to be taken except it be first ordered upon a careful consideration of evidence. It was said in a case, which is, I think, the case to which some reference is made in the judgment of the Court below [Muhammad Yaqub v. Nazir Ahmad 68 Ind. Cas. 617 : 12 A. 501 : 18 A.L.J. 557]. 'It is true that nothing is contained in the Act itself to direct or guide a Judge as to how he shall consider applications for an inquisition and...
Bhimraj Bania Vs. King-emperor
Court: Kolkata
Decided on: Dec-17-1923
Reported in: AIR1924Cal698,83Ind.Cas.500
Greaves, J.1. This rule was issued on the 11th October last at the instance of Bhimraj Bania calling on the Secretary to the Government of Bengal to show cause why a warrant issued on the 18th September, 1923, by one of the Secretaries to the Government of Bengal under the provisions of Bengal Act I of 1923, (The Goondas Act 1923) for the apprehension of Bhimraj should not be declared illegal and void and why the proceedings there under should not be quashed. The petition upon which the rule was issued was headed in the matter of an application under Sections 435 and 439 of the Code of Criminal Procedure and Clause 28 of the Letters Patent. Under the provisions of the Goondas Act, 1923, Section 3, whenever it shall appear to the Commissioner of Police that any person is a goonda or a member of: a gang or body of goondas and is residing within or habitually visiting or frequenting Calcutta and that such person or that such gang or body is committing or has committed or is about to commi...
Archibald George Edgecombe Vs. Emperor
Court: Kolkata
Decided on: Dec-13-1923
Reported in: AIR1928Cal264
Panton, J.1. The present rule has been obtained by A.G. Edgecombe who, at the time of his arrest, was the 5th engineer on S.S. Aronda. He has been convicted under Section 411, I.P.C., by the Chief Presidency Magistrate. The offence is found to have been committed in respect of packets containing 1,865 one rupee notes the subject of a theft which had occurred on S.S. Maihar. The rule was issued upon the ground that the elements necessary to constitute an offence under Section 411 not being present in the case the conviction was bad in law and should be set aside. It would appear that the theft of these, among other notes, was committed some time between 14th April and 29th may last. On 29th June last at 9 p.m. the present petitioner was arrested in Rangoon by an Excise Inspector, and the packets of notes in question were then found upon his person. He is said to have informed the Inspector at the time that these notes were forged or false notes. His explanation now is that he was convey...
Gajadhar Agarwalla and anr. Vs. Sibananda Predhani and ors.
Court: Kolkata
Decided on: Dec-12-1923
Reported in: AIR1924Cal592
Rankin, J.1. This is an appeal from the decision of the learned District Judge of the Assam Valley District. The suit was brought by the mortgagees upon a mortgage which the learned judge describes as admittedly an anomalous mortgage and, in the course of the argument yesterday, that assumption was accepted by both sides. The position is that the plaintiffs say that their mortgagors have hindered them from getting possession of the mortgaged property and they bring their suit before the expiry of the due date of the mortgage, claiming that, by reason of this wrongful conduct on the part of the mortgagors, they have a right not merely to bring a suit to recover possession of the mortgaged property, not merely to bring a suit for a money-decree for principal and interest against the mortgagors, but to bring a suit for the realization of the mortgage security by sale. The first two remedies they are ex hypothesi plainly entitled to. The sole question is whether they are entitled to the th...
Gojadhar Agarwalla and anr. Vs. Shibananda Pradhani and anr.
Court: Kolkata
Decided on: Dec-12-1923
Reported in: 81Ind.Cas.768
Rankin, J.1. This is an appeal from the decision of the learned District Judge of the Assam Valley District. The suit was brought by the mortgagees upon a mortgage which the learned Judge describes as admittedly an anomalous mortgage and, in the course of the argument yesterday, that assumption was accepted by both sides. The position is that the plaintiffs say that their mortgagors have hindered them from getting possession of the mortgaged property and they bring their suit before the expiry of the due date of the mortgage claiming that, by reason of this wrongful conduct on the part of the mortgagors, they have a right not merely to bring a suit to recover possession of the mortgaged property, not merely to bring a suit for a money decree for principal and interest against the mortgagors, but to bring a suit for the realisation of the mortgage security by sale. The first two remedies, they are ex hypothesi plainly entitled to. The sole question is whether they are entitled to the th...
Soneswar (Das) Pandit Vs. Kanakram and ors.
Court: Kolkata
Decided on: Dec-11-1923
Reported in: AIR1928Cal249
Rankin, J.1. I think that this appeal must fail. The learned District Judge has made observations in his judgment as to the mistake made by the pleader for the appellant not being bona fide. I do not quite understand that; but my view is, looking at this matter for myself, that what has happened is that from the ordinary point of view the mistake has been made without any real excuse. In these circumstances I am not prepared to hold that there was sufficient cause under Section 5, Limitation Act. I would be very much against laying down a wide and general rule as to the construction of Section 5. I think the discretion of the Court has to be exercised on all the facts in each particular case. With regard to the question whether the learned Judge of the Court of appeal below exercised a discretion entirely free from notice as to negligence and; as to bona fides which might interrupt a fair consideration of the matter. I am not quite sure, but I think that he came to a right conclusion a...
Basanti Charan Sinha Vs. Rajani Mohon Chatterjee
Court: Kolkata
Decided on: Dec-10-1923
Reported in: AIR1924Cal629,83Ind.Cas.368
Rankin, J.1. In this case, there is, first of all, a Rule obtained by the tenant claiming a revision of the decision of the learned President under the Calcutta Rent Act and secondly, an application by the landlords for the issue of a Rule revising the same decision in certain respects. The learned Vakils concerned have very properly and conveniently agreed to put the whole matter before us upon the judgment of the learned President. So far as regards the landlords' application, that depends upon three points. It is said, first of all, that the premises were let to the present tenant for the purposes of a factory and that, therefore, they are outside the definition of the word premises as given by Section 2, Clause (e) of the Calcutta Rent Act III, (B.C.) of 1920. In my opinion, the learned President has dealt with this matter quite correctly. He has enquired into the question whether the building here was let for residential purposes or for the purposes of a shop or an office, and he ...
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