Kolkata Court April 1923 Judgments
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Hari Chandana Joga Deya Vs. Hindustan Co-operative Insurance Society, ...
Court: Kolkata
Decided on: Apr-10-1923
Reported in: (1925)ILR52Cal239
Page J.1. This is an action, brought to recover a sum of Rs. 20,000 as being the principal sum due under a policy of insurance. The policy is for Rs. 20,000, and the annual premium is Rs. 1,550. It is an Endowment Policy for 10 years; the Rs. 1,550 has been regularly and duly paid, and the 10 years have elapsed.2. The defendant company in the first place urges that I ought to read together the proposal for the policy and the policy itself, because it is provided in the policy that the proposal together with the statements made in connection therewith to the Medical Officer is to be deemed to be the basis of the contract. The defendant company farther contends that if the proposal and the policy are read together the contract is not a contract merely for insurance, or indeed primarily for insurance, but is a contract in the first place to take shares in the Company, the annual sum of Rs. 1,000 being treated as in each year a call in respect of the shares, and, secondly, that it is a con...
Saudamini Dassya and ors. Vs. Secretary of State for India in Council ...
Court: Kolkata
Decided on: Apr-10-1923
Reported in: 77Ind.Cas.707
Asutosh Mukerjee, J.1. This is an appeal by the plaintiffs in a suit instituted by them with a view to test the legality of an assessment of revenue made under the Bengal Aluivion and Diluvion Act (IX of 1847). The case for the plaintiffs is that the disputed lands, which have been assessed, with revenue, belonged, to them as appertaining to their estate No. 4823, on the Revenue Rod of the Collector of Backerganj. They maintain that the assessment could nut have been validity made under the provisions of Act IX of 1847 as the lands and not added lands within the meaning of that Statute and they ask for a declaration that the assessment proceedings are without jurisdiction, that the settlement made with the defendants by the Secretary of State is illegal and for consequential reliefs. On behalf of the Secretary of Stat, who is the first defendant, the claim has been resisted on the ground that the disputed lauds are not included within estate No. 4823 but are accretions to estates Nos. ...
Shermull and ors. Vs. the Corporation of Calcutta
Court: Kolkata
Decided on: Apr-10-1923
Reported in: AIR1923Cal725,77Ind.Cas.892
1. On the 23rd March 1020 Dr. S.N. Ghose, Food Inspector of the Corporation of Calcutta, filed a complaint in the Court of the Municipal Magistrate asking for summons against the petitioners under Section 574-495A(1) of Act III (B.C.) of 1899 as amended by the Calcutta Municipal Amendment Act of 1917. The offence complained of was that the petitioners had been selling adulterated ghee on the 17tn February 1920. The Magistrate ordered summons to issue for the 17th April 1920. On that date the petitioners appeared by Pleader and the Magistrate passed an order directing that proceedings be stayed for six weeks as the Food Inspector was on leave. On the record no further order appears until 29th November 1912. On that date the Food Inspector prayed for the revival of the case and the Magistrate directed the record to be put up. On the 16th December 1932 the Magistrate passed the following order 'Case revved. Issue fresh summons for 13th January 1923.' The petitioners hive obtained this Rul...
Chowdhury Mohammad AmIn Vs. Bijoy Chand Mahatab
Court: Kolkata
Decided on: Apr-10-1923
Reported in: AIR1923Cal732,75Ind.Cas.20
Asutosh Mookerjee, J.1. This is an appeal by the plaintiff in a suit for recovery of money instituted by the auction-purchaser at a sale under the Patni Regulation, 1819, which was subsequently set aside. The facts material for the determination of the questions raised before us are really not in controversy, and may be briefly recited. Patni Taluk Gopalnagar was sold under Regulation VIII of 1819 on the 15th May 1909, and was purchased by the plaintiff for Rs. 1,000. The father of the plaintiff and others were the patnidars under the defendant, the Maharaja of Burdwan. At the instance of one of the defaulters, who instituted a regular suit on the 14th April 1910, under Section 14 of the Patni Regulation the sale was set aside by the Subordinate Judge on the 22nd November 1911. The purchaser and the zemindar preferred separate appeals to this Court. These appeals were dismissed on the 19th July 1916. The purchaser thereupon instituted the present suit on the 18th July 1919 to recover f...
Pradyumna Kumar Mullik Vs. Pramatha Nath Mullik
Court: Kolkata
Decided on: Apr-10-1923
Reported in: AIR1923Cal708,77Ind.Cas.833
Thomas Richardson, J.1. This is an appeal from the judgment of Greaves, J., dated 1st June 1922. The parties to the suit are the present representatives of a well-known family in Calcutta, the founder of which was Moti Lal Mullik. Moti Lal died in 1846 leaving a widow, Rangomani Dasi, and an adopted son, Jadulal, then two years old. During his lifetime he established and consecrated the three deities who are the subject of this litigation, Thakur Sree Sree Radhashamasunder Jee, Thakuratti Sree Sree Radharanee, and a Saligramsila known as Sree Sree Raj Rajeswar. These deities were located in his family dwelling house in Pathuriaghata Street. A room was set aside for them as a private or retiring room and there was also a thakurdalan into which they were brought on ceremonial or festival occasions.2. By his Will dated the 3rd September 1846, Moti Lal provided that until Jadulal should attain the age of 20 years, his widow should be the malik or proprietor and attorney for the care of the...
Taraprasanna Sarkar and anr. Vs. Kalikamohan Sarkar and ors.
Court: Kolkata
Decided on: Apr-09-1923
Reported in: AIR1924Cal80,75Ind.Cas.319
Mookerjee, J.1. This is an appeal by the third and fourth defendants against the final decree in a suit for partition. The two plaintiffs and the four defendants are the six sons of one Ramakrishna Sarkar. The plaintiffs instituted this suit on the 31st January, 1918 for the partition of what they alleged were joint properties. They also stated that if at the time of trial any other undivided property should be found out, the Court might be pleased to direct a partition thereof. The first two defendants filed written statements in which they made allegations as to the nature of the properties mentioned in the schedule to the plaint. The third and fourth defendants did not enter appearance. On the 18th February, 1919, a petition of compromise was filed on behalf of the two plaintiffs and the first two defendants. This petition stated, with regard to the properties specified, that they were the self-acquired properties of one or other of the parties to the suit. The petition also set out...
Swarnamoyi and anr. Vs. Sourindra Nath Mitra and ors.
Court: Kolkata
Decided on: Apr-09-1923
Reported in: AIR1925Cal1189
Mookerji, J.1. This is an appeal by the defendants in a suit for possession of land and mesne profits, and, in the alternative, for assessment of rent. The defendants resisted the claim on a three-fold ground, namely, first that the lands were comprised in a tenancy created in favour of their predecessor on the 24th January 1856; secondly, that the plaintiffs have kept them out of possession from a substantial tract of land comprised in the tenancy, with the result that the rent has been completely suspended; and thirdly, that they were entitled to abatement of rent on account of diluvion. The Subordinate Judge has dismissed the claim for ejectment, overruled the plea of complete suspension of rent and decreed the rent at Rs. 912 a year for the period between the Pous instalment of 1319 and the Assin instalment of 1322.2. The title of the defendants rests upon an amalnama alleged to have been executed in favour one Dulal Mridha by Golaknath Ghose on the 24th January 1856. Before we dea...
Remembrancer of Legal Affairs Vs. Satish Chandra Roy and ors.
Court: Kolkata
Decided on: Apr-01-1923
Reported in: AIR1924Cal975,83Ind.Cas.495
1. This is an appeal by the Government of Bengal under Section 417, Criminal Procedure Code, against the order of the Sub-Divisional Magistrate of Balurghat in the district of Dinajpur acquitting one Satish Chandra Roy, an Assistant Police Sub-Inspector and four others on a charge of extortion under Section 384, Indian Penal Code.2. The case for the prosecution was shortly as follows:A dacoity had taken place in the neighbouring village of Gangarampur, in which one Asharuddin, a servant of the complainant Alamdi Mahalat, had been sent up by the Police. On the evening of the 16th March, 1923, the five accused came to the house where the complainant lived with his uncle Oli Mahalat and the latter's mother Pathali for the ostensible purpose of searching the house for stolen property, their real object however being to extort money, and the Assistant Sub-Inspector threatened not only to search the house, but to tie up with a rope and challan the complainant and other occupants of the house...
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