Kolkata Court February 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.
Pitambar GaIn Vs. Ram Charan Moral and ors.
Court: Kolkata
Decided on: Feb-16-1923
Reported in: 76Ind.Cas.365
1. This appeal arises but of a suit for ejectment of the defendant, who is the appellant before us, after service of notice to quit.2. It appears that in 1901, the plaintiffs' father brought a suit for ejectment against the appellant Pitambar and his brother Digambar from the disputed land and obtained a decree for khas possesion upon, a solenama. In 1904, Pitambar and his brother Digambar instituted a suit against the plaintiffs for specific performance of the contract, alleging that at the time of the solenama there was an agreement between the parties that the plaintiffs would grant a lease of the lands to them. The suit was decreed and the plaintiffs in the present case were given two months' time to execute a registered, lease and make it over to the defendants and it was directed that in default thereof, the lands would be measured on the defendants' application for the purpose and that a patta on the terms mentioned in the judgment would be prepared and executed by the Court on ...
Priyanath Gupta Vs. Laljhi Chowkidar
Court: Kolkata
Decided on: Feb-15-1923
Reported in: AIR1923Cal590,72Ind.Cas.508
Newbould, J.1. The petitioner Priya Nath Gupta was convicted by the Sub-Divisional Magistrate of Manikganj of an offence punishable under Section 506, Indian Penal Code, and sentenced to pay a fine of Rs. 200, or in default to undergo six months' simple imprisonment. This conviction and sentence were confirmed on appeal for the Sessions Judge of Dacca. The petitioner has obtained a Rule calling on the District Magistrate to show cause why the conviction and sentence should not be set aside on the following two grounds only-1. For that the facts proved and found cannot legally constitute the offence of criminal intimidation.2. For that the prosecution having neither alleged nor adduced any evidence to show that any decree passed by the Arbitration Court was ever sought to be enforced against the will of the person against whom the same was passed by any means whatsoever, the Courts below should have held that an ex parte decree of the said Arbitration Court against the opposite party wo...
Benoy Bhushan Roy Vs. Dhirendra Nath Dey
Court: Kolkata
Decided on: Feb-14-1923
Reported in: AIR1924Cal415
Mookerjee, J.1. This is an appeal by the defendant in a suit to enforce a mortgage security. The document was executed on the 27th March, 1911, by the father of the defendant in favour of the father of the plaintiff to secure a loan of Rs. 3,500 which was to carry interest at the rate of 2 per cent, per month. The suit was instituted on the 9th February, 1920, by the son of the mortgagee against the son of the mortgagor. The plaintiff stated that as the original document had been lost, he produced a certified copy from the registration office. The defendant contested the claim on a two-fold ground : namely, first that there was no valid mort-gage bond, executed and attested in conformity with the provisions of Section 59 of the Transfer of Property Act; and secondly, that no consideration had been paid on the basis of the mortgage transaction. The Subordinate Judge has overruled these contentions and has decreed the claim. On the present appeal, that decree has been assailed on each of...
Benoy Bhusan Roy Vs. Dhirendra Nath De
Court: Kolkata
Decided on: Feb-14-1923
Reported in: 74Ind.Cas.178
1. This is an appeal 'by the defendant in a suit to enforce a mortgage security. The document was executed on the 27th March 1911 by the father of the defendant in favour of the father of the plaintiff, to secure a loan of Rs. 35,00 which was to carry interest at the rate of 2 per cent. per month. The suit was instituted on the 9th February 1920 by the son of the mortgagee against the son of the mortgagor. The plaintiff stated that as the original document had been lost, he produced a certified copy from the Registration Office. The defendant contested the claim on a two-fold ground, namely, first, that there was no valid mortgage-bond, executed and attested in conformity with the provisions of Section 59 of the Transfer of Property Act; and, secondly, that no consideration had been paid on the basis of the mortgage transaction. The Subordinate Judge has overruled these contentions and has decreed the claim. On the present appeal, that decree has been assailed on each of the two ground...
Prabhat Chandra Chatterji Vs. Bijoy Chand Mahatap
Court: Kolkata
Decided on: Feb-13-1923
Reported in: AIR1924Cal84,75Ind.Cas.89
1. These three appeals arise out of three suits for recovery of arrears of rent. Suits Nos. 5 and 6 of 1916, out of which appeals Nos. 19 and 20 of the lower Appellate Court arose, related to the arrears of rent in respect of certain chaukidari chakran lands in a number of mouzas alleged by the plaintiff to have been duly settled with the defendant Prabhat Chandra Chatterji and suit No. 1 of 1918 out of which appeal No. 97 of the lower Appellate Court arose, related to the arrears of rent of certain chaukidari chakran lands in the said mouzas with the exception of mouza Harishpur. The periods covered by the three suits were different. It has been found by both the Courts below that the defendant Prabhat Chandra Chatterji executed the kabuliyat referred to in the plaints in the said threes suits in favour of the plaintiff, and that, the said defendant had obtained possession of all the chaukidari chakran lands in the patni mehal concerned with the exception of the lands in mouza Harishp...
Lakshmi NaraIn Baijnath Vs. Secretary of State for India
Court: Kolkata
Decided on: Feb-13-1923
Reported in: AIR1924Cal92
1. This appeal arises out of a suit brought against the Secretary of State for India in Council for damages for loss sustained by the plaintiff with respect to sixty-eight bales of jute booked by the Eastern Bengal Railway, and consigned to the National Jute Mills. The plaintiff alleged that he contracted to sell jute to the National Jute Mills, and made over sixty-eight bales of jute to the Eastern Bengal Railway at the Khalubali Station for carriage to the jute mills at Rajgunj and that in the course of transit the jute got damaged in consequence of which the jute mills refused to take the same and the plaintiff had to sell it (after notice to the Railway Administration) at a loss. The loss suffered by the Plaintiff has been found to be Rs. 1,822-7-3.2. The defendant did not deny that the goods were damaged but the defence shortly stated was that they were damaged by an act of God in a severe cyclone during transit and that he was consequently not liable for damages.3. The Court of f...
Lakshmi NaraIn Baijinath Vs. the Secretary of State for India in Counc ...
Court: Kolkata
Decided on: Feb-13-1923
Reported in: 80Ind.Cas.279
1. This appeal arises out of a suit brought against the Secretary of State for India in Council for damages for loss sustained by the plaintiff with respect to sixty-eight bales of Jute booked by the Eastern Bengal Railway, and consigned to the National Jute Mills. The Plaintiff alleged that he contracted to sell jute to the National Jute Mills and made over sixty-eight bales of jute to the Eastern Bengal Railway at the Khalulbali Station for carriage to the jute mills at Rajgunge and that in the course of transit the jute got damaged in consequence of which the jute mills refused to take the same and the plaintiff had to sell it (after notice to the Railway Administration) at a loss. The loss suffered by the plaintiff has been found to be Rs. 1,822-7-3.2. The defendant did not deny that the goods were damaged but the defence shortly stated was that they were damaged by an act of God in a severe cyclone during transit and that he was consequently not liable for damages.3. The Court of ...
Manadananda Jha and ors. Vs. Tarakananda Jha Panda and ors.
Court: Kolkata
Decided on: Feb-08-1923
Reported in: AIR1924Cal330
1. The facts material for the determination of the questions which, require consideration in these Rules may, be briefly stated.2. On the 15th April, 1897, one Umeshananda Dutt Jha along with two other persons instituted a suit under Section 539 of the Code of 1882 with the consent of the then Advocate-General, for the removal of the high priest of the Baidyanath Temple and for the settlement of a scheme for the management of the institution. Sailalajanand Dutt Jha, the high priest at the time, was the original defendant in that litigation. Subsequently his son, Paramprokasbanand Jha and his grandson by a predeceased son, Bhabaprotap Nand were added as defendants. After a protracted trial, the judgment was pronounced on the 4th July 1901 by Mr. Jogesh Chunder Mitter, then District Judge of Burdwan. The substance of the decision was that the high priest was ordered to be removed from his office and a scheme was drawn up for the management of the institution in future. Before the decree ...
Manadananda Jha and ors. Vs. Tarakananda Jha and ors.
Court: Kolkata
Decided on: Feb-08-1923
Reported in: 76Ind.Cas.220
1. The facts material for the determination of the question which require consideration in these Rules may be briefly stated.2. On the 15th April 1897 one Umeshananda Dut Jha along with two other persons instituted a suit under Section 539 of the Code of 1882, with the consent of the then Advocate-General for the removal of the then high priest of the Baidyanath Temple and for the settlement of a scheme for the management of the institution. Sailajananda Dut Jha, the high priest at the time, was the original defendant in that litigation. Subsequently, his son Param Prakashananda Jha and his grandson by a predeceased son Bhabapratananda were added as defendants. After a protracted trial, the judgment was pronounced on the 4th July 1901 by Mr. Joges Chunder Mitter, then District Judge of Burdwan. The substance of the decision was that the high priest was ordered to be removed from his office and a scheme was drawn up for the management of the institution in future. Before the decree coul...
Bhola Nath De Vs. Naishimha Prosad and ors.
Court: Kolkata
Decided on: Feb-08-1923
Reported in: AIR1923Cal552,76Ind.Cas.533
Walmsley, J.1. This Rule was obtained by the plaintiff. After frequent adjournments, he obtained a decree ex parte against the defendants in a suit for specific performance of a contract. The defendants thereupon made an application under Order IX, Rule 13, Civil Procedure Code, which in its turn was dismissed for default. On the 7th January 1922, the defendants filed a second petition under Order IX, Rule 13 for the purpose of setting aside the order dismissing the former application under Order IX. Rule 13, and, on the same date, they filed an appeal to the District Judge's Court against the order dismissing the first application under Order IX, Rule 13, Civil Procedure. Code, Eventually, the defendants allowed their appeal to be dismissed for non-porosecution and persuaded the Munsif to set aside the order dismissing the first application under Order IX, Rule 13. On behalf of the plaintiff it is contended, first, that there cannot be an application under Order IX, Rule 13 to set asi...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »