Kolkata Court May 1923 Judgments
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Surendra Nath Pandey and ors. Vs. Brindavan Chandra Ghose
Court: Kolkata
Decided on: May-10-1923
Reported in: AIR1925Cal545
Walmsley, J.1. These two appeals are preferred by the defendants and they arise out of two suits, each brought by the mortgagees on a bond of Rs. 2,000. One of these bonds was executed by Dwija Prasad Pandey, predecessor-in-interest of the defendants in Appeal No, 390, and the other by Brojo Kishore Pandey, predecessor-in-interest of the defendants in Appeal No. 393.2. The defendants are admittedly governed by the Mitakshara School of Law, and it was urged on their behalf that the executant-) of the bonds could not bind the joint ancestral property. The learned Judge held that the bonds were executed to pay off the sums due to one Madan Mohan on earlier mortgagees by the same executants and that those sums were actually paid off and that these debts to Madan Mohan constituted antecedent debt to the extent of Rs. 1,750 in each case. And be accordingly decreed each suit for Rs. 1,750 with interest and dismissed each suit to the extent of Rs. 250. Incidentally he mentioned that the rate o...
(Raja) Peary Mohan Mookerjee Vs. Manohar Mookerjee
Court: Kolkata
Decided on: May-09-1923
Reported in: AIR1924Cal160
1. This is an appeal from an order for account made in a proceeding supplemental to a suit, instituted by the Respondent against the Appellant, for the administration of a debutter estate, for the removal of trustee, for the appointment of a new trustee or receiver, for declaration that an execution, sale of a portion of the trust estate when it was purchased by the trustee in the name of his son was invalid and inoperative, for proper investment of a sum of Rs. 11,500 alleged to form part of the trust estate and for other incidental reliefs. The suit was dismissed by the trial Court. On appeal to this Court, the judgment was set aside and the suit was decreed in the following terms.2. 'It is declared that the sale of Bahirgora held on the 14th January 1913 is not operative against the debutter estate, but the first Defendant (the shebait) is entitled to be reimbursed the precise amount recoverable by him to be investigated by the Court below. Steps will be taken forthwith to place the...
Sachhidananda Thakur Vs. Mahes Chandra Das
Court: Kolkata
Decided on: May-09-1923
Reported in: 79Ind.Cas.312
Asutosh Mukerjee, J.1. The question which has been referred for decision under Section 5 of the Court-Fees Act, 1870, relates to the true construction of a rule framed by the Governor-General in Council with reference to Section 105, Sub-section (8) of the Bengal Tenancy Act, 1885. The rule directs that an application made under the section for a settlement of rent, during the preparation of a Record of Eights, in the Presidency of Bengal under Chapter X of the Bengal Tenancy Act, shall bear a stamp of eight annas, for each tenant making or joining or joined in the application. The Stamp Reporter has held that if the application relates to a single tenancy, which is held by a number of joint tenants, a stamp of eight annas must be levied in respect of each of such Joint tenants. This novel interpretation of a rule which has been in existence for a quarter of a century is, in my opinion, clearly erroneous.2. The rule in question must be read with paragraph 63, Clause (4) of the rules fr...
Raja Peary Mohun Mukherjee Vs. Monohar Mukherjee
Court: Kolkata
Decided on: May-09-1923
Reported in: 74Ind.Cas.373
1. this is an appeal from an order for account made in a proceeding supplemental to a suit instituted by the respondent against the appellant, for the administration of a debutter estate, for the removal of the trustee, fro the appointment of new trustee or Receiver fro declaration that an execution sale of a portion of the trustee estate when it was purchased by the trustee in the name of his son was invalid and inoperative for proper investment of a sum of Rs. 11,500 alleged to form part of the trust estate and for other incidental reliefs. The suit was dismissed by the Trial Court. On appeal to this Court the judgment was asset aside and the suit was decreed in the following terms:It is declared that the sale of Bahirgora held on the 14th January 1913 is not operative against the debuttet estate, but the first defendant (the shebait) is entitled to be reimbursed, the precise amount recoverable by him to be investigated by the Court below. Steps will be taken forthwith to place the d...
Superintendent and Remembrancer of Legal Affairs Vs. Narayan Chandra B ...
Court: Kolkata
Decided on: May-08-1923
Reported in: AIR1924Cal101
1. This is an appeal by the Superintendent and Remembrancer of Legal Affairs, Bengal, against an order of acquittal passed by Mr. B.N. Mukherjee, Magistrate, first class, Howrah, acquitting the accused in respect of an offence punishable under Section 353 of Act III (B.C.) of 1884 of not complying with the terms of a notice under Section 209 of the Bengal Municipal Act served on him on the 16th September, 1922. The facts which have given rise to this appeal at the instance of Government, shortly stated, are as follows. The accused was served with a requisition under Section 209 of the Municipal Act requiring him to cause a fence to be erected for the protection of passengers and pedestrians over the bank of a tank belonging to the accused. The accused disobeyed this requisition, his grounds being that in 1898 certain land on the side of the tank was made over by him to the municipality and conditions were imposed by him on the municipality at the time to the effect that if in future an...
Superintendent and Remembrancer, Legal Affairs Vs. Narayan Chandra Ban ...
Court: Kolkata
Decided on: May-08-1923
Reported in: 73Ind.Cas.776
1. This is an appeal by the Superintendent and Remembrancer of Legal Affairs, bengal, against an order of acquittal passed by Mr. B. N. Mukher-jee, Magistrate, First Class, Howrah, acquitting the accused in respect of an offence punishable under Section 353 of Act III (B. C.) of 1884 of not complying with the terms of a notice under Section 209 of the Bengal Municipal Act served on him on the 16th September 1922. The facts which have given rise to this appeal at the instance of Government, shortly stated, are as follows:--The accused was served with a requisition under Section 209 of the Municipal Act requiring him to cause a fence to be erected for the protection of passengers and pedestrians on the bank of a tank belonging to the accused. The accused disobeyed this requisition, his grounds being that in 1898 certain land on the side of the tank was made over by him to the Municipality and conditions were imposed by him on the Municipality at the time to the effect that if in furture ...
Lakshan Chunder Dey Vs. Sm. Nikunjamoni Dassi and ors.
Court: Kolkata
Decided on: May-08-1923
Reported in: AIR1924Cal188,80Ind.Cas.538
1. This is an appeal from an order of dismissal made by Mr. Justice Greaves on an application under Order 22, Rule 10, C.P.C.2. The Plaintiffs sued the Defendants for a declaration of their fight to a room which had been built over the porch of another house. The right title and interest of the Plaintiffs were sold on the 22nd November 1919. On the 4th December 1919 terms of settlement between the Plaintiffs and the Defendants were intimated to the Court and the following order was thereupon made : 'Mr. Mitter states that this has been settled. He puts in terms of settlement. Let decree be made in terms of settlement signed and put in by Counsel. The sale in favour of the Appellant was duly confirmed, and the sale certificate was granted to him on the 14th June 1920. On the 1st December 1922, he made the present application for leave to be added as a party Plaintiff. Mr. Justice Greaves dismissed the application on the 4th January 1923.3. Two reasons have been assigned in support of th...
R.H.E. Oats Vs. King Emperor
Court: Kolkata
Decided on: May-07-1923
Reported in: AIR1924Cal104
C.C. Ghose, J.1. This is an appeal against the conviction of and sentence passed upon the appellant under Section 193 of the Indian Penal Code by the Third Presidency Magistrate of Calcutta by his judgment dated the 10th February, 1923.2. The facts which gave rise to the prosecution of the appellant under Section 193, Indian Penal Code, out of which this appeal has arisen, shortly stated, are as follows : One James Robert Edmond George propounded the will of his sister, Ellen Lawinia Price, bearing date the 9th October, 1912, in testamentary suit No. 17 of 1922 on the Original Side of this Court. The testatrix died on the 1st March, 1922, at No. 49, Wellesley Street in Calcutta being then about 71 years of age and by her will she bequeathed the whole of her estate, subject to the payment of certain legacies, to her brother George whom she also appointed sole executor. Among the legacies was one of Rs. 2,000 to her sister, Mrs. Mendietta, who filed in this Court a caveat against the gra...
R.H.E. Oates Vs. Emperor
Court: Kolkata
Decided on: May-07-1923
Reported in: 76Ind.Cas.417
C.C. Ghose, J.1. This is an appeal against the conviction of and sentence passed upon the appellant under Section 193 of the Indian Penal Code by the Third Presidency Magistrate of Calcutta by his judgment dated the 10th February 1923.2. The facts which gave rise to the prosecution of the appellant under Section 193, Indian Penal Code, out of which this appeal hasarisen, shortly stated, are as follows:--One James Robert Fdmond George propounded the Will of his sister, Ellen Lavinia Price, bearing date the 9th October 1912, in Testamentary Suit No. 17 of 1922 on the Original Side of this Court. The testatrix died on the 1st March 1922, at No. 49 Wellesley Street in Calcutta, being then about 71 years of age and by her Will she bequeathed the whole of her estate, subject to the payment of certain legacies, to her brother George whom she also appointed Sole executor. Among the legacies was one of' Rs. 2,000 to her sister, Mrs. Menditta. who filed in this Court a caveat against the grant o...
Ramesh Chandra Sinha Vs. Md. Elahi Buksh
Court: Kolkata
Decided on: May-04-1923
Reported in: AIR1924Cal383
Walmsley, J.1. This appeal preferred by the defendants Nos. 1 and 2 arises out of a suit brought for declaration of title to a jote and for a further declaration that a decree obtained by the defendants Nos. 1 and 2 - the present appellants - against the pro forma defendants in a rent suit was fraudulent. The Courts below have given the plaintiff the decree which he asked for and consequently this appeal is preferred by the defendants Nos. 1 and 2. It is not necessary to go further into the details of the case. The appellants have put forward two contentions. The first is that the so-called tenure is only a raiyati and that the holding is a non-transferable raiyati holding and the plaintiff acquired nothing by his purchase. So far as this point is concerned, the answer given by the learned Judge of the Court of appeal is conclusive. The holding is shown in the Record-of-Eights as a tenure, and the defendants Nos. 1 and 2 presented an. application under Section 105 of the Tenancy Act on...
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