Kolkata Court February 1923 Judgments
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Samsal Haq and anr. Vs. Abdul Kaim
Court: Kolkata
Decided on: Feb-08-1923
Reported in: AIR1923Cal567,76Ind.Cas.766
Walmsley, J.1. No one appears to show cause against this Rule. The position is this: The plaintiff executed a usufructuary mortgage in favour of the defende ants Nos. 1 and 2. The sum mentioned in the bond was Rs. 150. He brought the suit to which this rule rebates, to recover Rs. 30 on the allegation that the mortgagees paid him Only Rs. 120. It is argued on behalf of the defendants-petitioners that, the suit is not maintainable and, in any event, not triable by a Court of Small Causes. These questions were raised in the case of Shaik Galim v. Sudrijan Bibi 29 Ind.Cas. 621 : 43 C. 59 : 19 C.W.N. 1332 : 21 C.J.J. 532 and the answer to both the questions was in the negative. The Rule is made absolutel, the judgment of the Court of Small Causes is set aside and the suit dismissed with costs. As there is no appearance by the opposite party in this Court, there will be no order as to the costs of this Rule....
Hemangini Dassi and ors. Vs. Bhagwati Sundari Dassi and ors.
Court: Kolkata
Decided on: Feb-08-1923
Reported in: AIR1923Cal685,75Ind.Cas.682
1. The facts which have given rise to this appeal and to the connected Rules, shortly stated, areasfollows:-One Mon mohan Das,. who was possessed of considerable properties both moveable and immoveable died, on the 2nd March 1908 leaving him surviving his two widows, Hemangini Dassi and Bhagbatti Sundari Dassi, and a son alleged to be of unsound mind, named Gobind Chand Dass by the said Srinati Bhagbati Sundari Dassi, a deceased daughter's son and two unmarried daughters named Nanibala and Khudibala by the said Bhagbati Sundari and Hemangini respectively. The said Khudibala died unmarried sometime in 1320 B.S. Gobind Chand Dass died on the 10th April 1908 without any issue leaving him surviving his widow Srimati Bundeswari Dassi. Manmohan Das left a Will by which he appointed six executors and the Will directed that, in the event of there being difference of opinion between the executors in respect of any matter relating to the estate of the testator, the opinion of the majority should...
Tulsi Tolini Vs. Emperor
Court: Kolkata
Decided on: Feb-06-1923
Reported in: AIR1923Cal596,72Ind.Cas.372
1. The petitioner, Tulsi Tolim, has been convicted of an offence punishable under Section 54A of Act IV of 1866 Calcutta Police Act. That section runs as follows : 'Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the Magistrate be liable to fine, etc.' At the trial the only charge framed against her was that she committed theft in respect of gold and silver ornaments, cloths and cash Rs. 13,410 in G.C. notes, sovereigns and coins valued in all about Rs. 18,000 from the room of one Khelwan Ahir and thereby committed an offence punishable under Section 380, Indian Penal Code. This rule has been granted on two grounds. The first relates to the legality of the conviction under Section 54A of the Calcutta Police Act, on the charge framed, the other, to the legality of the conviction under ...
Equitable Coal Company Limited Vs. Bagala Sundari Debi
Court: Kolkata
Decided on: Feb-05-1923
Reported in: AIR1924Cal442
Ghose, J.1. The facts which have given rise to the application on which this Rule was issued are shortly stated, as follows:By a decree made on the 14th June, 1918, by the Munsiff of Assansole, the plaintiff's title to a four-anna share in certain lands was declared, and it was ordered that the plaintiff should get possession thereof and that the defendant No. 1 (the Equitable Coal Company, Ltd.) should restore the lands to their original condition and that the plaintiff should get from the said Company a sum of Rs. 90 on account of mesne profits for the period mentioned in the plaint, i.e., up to 1323 B.S. An appeal from this decree was dismissed by the Subordinate Judge of Burdwan on the 15th August, 1919. Thereafter the plaintiff recovered judgment in the Small Cause Court at Assansole against the said Company for mesne profits for the period from 1324 to 1326 at the rate of Rs. 43-12 per annum. Some time in August, 1920, the Company alleged that they had given up possession of the ...
Equitable Coal Company, Limited Vs. Sm. Bagala Sundari Debi
Court: Kolkata
Decided on: Feb-05-1923
Reported in: 71Ind.Cas.972
C.C. Ghose, J.1. The facts which have given rise to the application on which this Rule was issued are, shortly stated, as follows:By a decree made on the 14th June 1918 by the Munsif of Asansole, the plaintiff's title to a four-anna share in certain lands was declared and it was ordered that the plaintiff should get possession thereof and that the defendant No. 1 (the Equitable Coal Company, Ltd.) should restore the lands to their original condition and that the plaintiff should get from the said Company a sum of Rs. 90 on account'of mesne profits for the period mentioned in the plaint i.e., up to 1323 B. S, An appeal from this decree was dismissed by the Subordinate Juflge of Burdwan on the 15th August 1919. Thereafter the plaintiff recovered judgment in the Small Cause Court at Assansole against the said Company for mesne profits for the period from 1324 to 1326 at the rate of Rs.43-12per annum. Some time in August 1920 the Company alleged that they had given up possession of the lan...
Seodoyal Khemka and anr. Vs. Joharmull Manmull and ors.
Court: Kolkata
Decided on: Feb-03-1923
Reported in: AIR1924Cal74
Page, J.1. The decision of the issues in this case involves the determination of some interesting questions relating to practice. The action was brought by the plaintiffs as three members of the firm of Nathuram Ramkissen against the defendants who are, they allege, the other members of that firm. The action is brought for a declaration that the firm is dissolved, for accounts, enquiries and incidental relief.2. The facts are as follows : The firm of Nathuram Ramkissen has been in existence for some seventy years, and from time to time has been composed of different members. On the 28th June, 1918, the terms and conditions, under which the partnership was from that date to be regulated and carried on, were set out in a memorandum of agreement, called the Partnership Agreement. On the 18th March, 1918, by a document of that date, the partnership was dissolved, but it was agreed by all parties at the trial that that notice of dissolution was not acted upon at the time, and that the partn...
Seodoyal Khemka and ors. Vs. Joharmull Manmull and ors.
Court: Kolkata
Decided on: Feb-03-1923
Reported in: 75Ind.Cas.81
Page, J.1. The decision of the issues in this case involves the determination of some interesting question relating to practice. The action was brought by the plaintiffs as three members of the firm of Nathuram-Ramkissen against the defendants who are, they allege, the other members of that firm. The action is brought for a declaration that the firm is dissolved, for accounts, enquiries and incidental relief.2. The facts are as follows:--The firm of Nathuram-Ramkissen has been in existence for some seventy years, and from time to time has been composed of different members. On the 28th June 1918, the terms and conditions under which the partnership was from that date to be regulated and carried on, were set out in a memorandum of agreement, called the Partnership Agreement. On the 18th March 1918, by a document of that date, the partnership was dissolved, but it was agreed by all parties at the trial that that notice of dissolution was not acted upon at the time, and that the partnersh...
Ramani Kanta Ray Vs. Bhimnandan Singh
Court: Kolkata
Decided on: Feb-02-1923
Reported in: AIR1924Cal82
B.B. Ghose, J.1. These appeals arise out of three suits for rent. The claim is based upon three kabuliyats alleged to have been executed by two ladies, Sheo Kumari and Kulamanti. The defendants are in possession of the properties included in the kabuliyats claiming to have interest as the reversionary heirs of the last male owner. The question only relates to the rate of interest stipulated in those kabuliyats which is six pies per rupee per month. The defendants' plea is that as the lands have come to their hands as the reversionary heirs of the last male owner, they are not bound by the stipulation contained in the kabuliyats as regards the payment of interest and that the ladies did not, as a matter of fact, execute these documents. The documents purport to be more than thirty years old and on the face of them, they are executed or rather signed as 'Sheo Kumari and Kulamanti-ba-kalam-Sadananda, Ammukhtar'. The Court of first instance presumed that the documents had been executed by ...
Rajendra NaraIn Chowdhury Vs. Satish Chandra Chowdhury
Court: Kolkata
Decided on: Feb-02-1923
Reported in: AIR1924Cal233
1. This is an appeal by the third defendant in a suit for partition of joint property, situated in the district of Sylhet and subject to the operation of the Assam Land and Revenue Regulation, 1886. In the trial Court, an objection was taken that the suit could not be entertained by the Civil Court and an issue was framed accordingly; but no argument was addressed on the question of jurisdiction. The suit was tried on the merits and a preliminary decree was made in favour of the plaintiff. On the present appeal the objection has been urged that the Civil Court has no jurisdiction to entertain the suit under Section 154 of the Assam Land and Revenue Regulation. There is no room for controversy that the point though abandoned in the trial Court, can be raised here; Meenakshi Naidu v. Subramanya Sastri [1887] 11 Mad. 26 and Mahaprasad Singh v. Ramanimohan Singh A.I.R. 1914 P.C. 140. In the case last mentioned, the Judicial Committee observed as follows : 'Seeing that it is a question of j...
Gour Mohan Dalui Vs. Bansidhar Byas
Court: Kolkata
Decided on: Feb-02-1923
Reported in: AIR1923Cal598,71Ind.Cas.702
Newbould, J.1. This Rule has been obtained against an order passed by the Fourth Presidency Magistrate, Calcutta, directing certain property to be returned to the opposite party. The order is recorded as having been passed under Section 519, Criminal Procedure Code, but it was evidently passed by the Magistrate in the exercise of his powers under Section 517, Criminal Procedure Code.2. The facts, so far as they are necessary for the point now under consideration, are as follows: Certain moveable property was hypothecated to the opposite party as security for a loan by one Kartikeswar Roy. Kartikeswar removed some of this property from the possession of the opposite party and has been convicted of theft for removing this property. After removing this property he parted with it to the petitioner for, as the petitioner alleged, good consideration and the petitioner claimed as purchaser in good faith. At the conclusion of the trial the Magistrate directed this property to be returned to th...
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