Kolkata Court July 1923 Judgments
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Chandanmull Kanoria Vs. Debi Chand and ors.
Court: Kolkata
Decided on: Jul-16-1923
Reported in: (1924)ILR51Cal62
Page, J.1. This application involves the determination of an important question of practice.2. It is an application by the defendant, which by consent of the parties, has been treated as an application under Order XLVII to review an order awarding the plaintiff costs.3. The plaintiff brought a suit in the High Court claiming damages for trespass to his land by reason of the unauthorised deposit thereon of building material by the defendant. The plaintiff in his plaint claimed Rs. 5,300 as damages, and obtained a decree for Rs. 10, and costs were awarded to him on the High Court Scale No. 2.4. The defendant now applies for a review of the above order relating to costs, on the ground that the suit was cognisable by the Court of Small Causes at Calcutta, and, inasmuch as the plaintiff obtained a decree for damages for trespass of an amount less than Rs. 300, the Court had no jurisdiction to award him any costs by reason of the provisions of Section 22 of the Presidency Small Cause Courts ...
Srimati Pramila Bala Devi Vs. Jyotindra Nath Banerjee and ors.
Court: Kolkata
Decided on: Jul-16-1923
Reported in: 83Ind.Cas.597
1. This is a Rule for the appointment of an administrator pendente lite under Section 34 of the Probate and Administration Act during the pendency of an appeal lodged in this Court against the decree for grant of Probate in respect of the estate of one Hari Charan Mukerji who died on the 25th February 1921.2. On the 29th June 1921, the executors applied for Probate of the alleged Will. On the 20th July 1921, the objectors prayed for the appointment of an administrator pendente lite and five days later their application was granted, as the District Judge recorded the opinion that the grounds urged for the appointment of an administrator pendente lite were very strong. On the 27th July 1921, upon the joint application of all the parties concerned, Babu Bibhuti Bhusan Banerjee was appointed administrator pendente lite on a fixed remuneration of; Rs. 60 a month. The application for Probate was strenuously contested; but ultimately judgment was pronounced on the 25th May 1923 in favour of t...
Nafar Chandra Pal Chowdhury Vs. Emperor
Court: Kolkata
Decided on: Jul-13-1923
Reported in: AIR1924Cal114,76Ind.Cas.429
1. These rules are directed against two orders of the Districts Magistrate of Nadia drawing up proceedings under Sections 107 and 110 of the Code of Criminal Procedure against the petitioner Nafar Chandra Pal Chowdhury. The petitioner is a wealthy zemindar aged 74 years, and in his early days he was more than once commended for his public spirit and liberality. In February last some tenants of village Mahajanpur his zemindari who have become refractory submitted a memorial to His Excellency the Governor of Bengal. This memorial was sent down to the Collector of Nadia for disposal. The Collector sent it to the Sub-Divisional officer of Meherpur for report after local enquiry The Sub-Divisional Officer reported in detail after examining the large number of witnesses. The substance of his report is that out of six definite allegations made in the petition four were not established. The remaining two he believed to be true as against the zemindar's servants, but held that the zemindar's re...
Sivadas Mookerjee Vs. Surendra Nath Chatterjee
Court: Kolkata
Decided on: Jul-13-1923
Reported in: AIR1925Cal178
Mookerjee, J.1. This is an application made under Sections 151 and 152 of the Code of Civil Procedure for amendment of the judgment of this Court in appeal from Original Decree No. 23 of 1920.2. Section 151 presumes the inherent power of the Court to make such orders as may be necessary for the ends of justice or to pre-vent abuse of the process of the Court, Section 152 authorises the Court to correct clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. This may be done by the Court either of its own motion or on the application of any of the parties. Section 153 provides that the Court may, at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding. We have no doubt that in the events which have h...
Rughumull Khandelwal Vs. the Official Assignee of Calcutta and ors.
Court: Kolkata
Decided on: Jul-12-1923
Reported in: AIR1924Cal424
Sanderson, C.J.1. This is an appeal by the plaintiff in the suit, one Raghumull Khandelwal, and the respondent is the Official Assignee representing the estate of one Dorain Evans, who was the first defendant in the suit.2. The suit was brought against Dorian Evans, Hari Charan Ghosh and Dino Nath Sircar on the allegation that there was a partnership between the plaintiff and the defendants : and the prayers were for a declaration of the shares of the parties in the partnership and for a declaration that the partnership stood dissolved on the 21st of December, 1920, and for incidental reliefs.3. The sole question which we have to consider is whether Dorian Evans was a member of the partnership, which admittedly existed between the plaintiff and the other two defendants and, the question depends upon the construction of the agreement, dated the 15th June, 1919.4. My learned brother Mr. Justice Greaves who tried this suit came to the conclusion that Dorian Evans was a partner in the firm...
Sabur Bibi Vs. Ismail Shaikh and ors.
Court: Kolkata
Decided on: Jul-12-1923
Reported in: AIR1924Cal508
Rankin, J.1. One Satkori Shaikh a Mussalman of the Sunni School died leaving him surviving one widow, one daughter and two sisters. The plaintiff acquired by purchase the shares of the two sisters and, on attempting to obtain possession of the land, was resisted by the widow and the daughter. At the trial the widow claimed that a sum of Rs. 925 being due to her for deferred dower and she being in possession of her husband's estate she was entitled to retain such possession until the sum due to her had been paid out of the rents and profits by reason of the widow's lien for dower recognized by the Mussalman Law. To that defence it was answered that the widow had not obtained possession by any consent, express or implied, of her husband or his other heir. The learned Munsiff found as a fact that no consent was obtained and he followed the decision of the Judicial Committee in Hamira Bibi v. Zubaida Bibi (1916) 38 All. 581 and rejected the widow's defence of lien for dower. The learned Di...
Sabur Bibi Vs. Ismail Shaikh
Court: Kolkata
Decided on: Jul-12-1923
Reported in: (1924)ILR51Cal124
Rankin, J.1. One Satkari Shaikh, a Mussalman of the Sunni School, died leaving him surviving one widow, one daughter and two sisters. The plaintiff acquired by purchase the shares of the two sisters and, on attempting to obtain possession of the land, was resisted by the widow and the daughter. At the trial the widow claimed that, a sum of Rs. 925 being due to her for deferred dower and she being in possession of her husband's estate, she was entitled to retain such possession until the sum due to her had been paid out of the rents and profits by reason of the widow's lien for dower recognized by the Mussulman law. To that defence it was answered that the widow had not obtained possession by any consent, express or implied, of her husband or his other heirs. The learned Munsif found as a fact that no consent was obtained and he followed the decision of the Judicial Committee in Hamira Bibi's case (1916) I.L.R. 38 All. 581; 21 C.W.N. 1, and rejected the widow's defence of lien for dower...
Raghumull Khandelwal Vs. the Official Assignee of Calcutta and ors.
Court: Kolkata
Decided on: Jul-12-1923
Reported in: 81Ind.Cas.17
Woodroffe, J.1. The issue in this case is whether the appellant is a partner of a firm of which the plaintiff-respondent and the respondents H.C. Ghosh and D.N. Sircar were admittedly partners. He says he was not, but was a manager who got Rs. 500 per month and 10 per cent, commission calculated on the net profits of the business as his remuneration for managing the firm. The learned Judge has held that he is a partner and has passed a decree which both sides, admit is not a good decree, for it makes no provision for any share of profits going to the defendant who is found by the judgment to be a partner.I will exclude from consideration a letter by the contesting respondent, Raghumull, who now says that the appellant is a partner but which letter stated that he, Raghumull, was the owner of the business and the appellant was only to have a monthly allowance, apparently as remuneration of his management.2. It may be admitted at once that the memorandum of agreement of the partnership co...
Sahu Bibi Vs. Ismail Sheik
Court: Kolkata
Decided on: Jul-12-1923
Reported in: 80Ind.Cas.294
Rankin, J.1. One Satkari Seikh, a Mussalman of the Sunni School, died leaving him surviving one widow, one daughter and two sisters. The plaintiff acquired by purchase the shares of the two sisters and, on attempting to obtain possession of the land, was resisted by the widow and the daughter. At the trial, the widow claimed that a sum of Rs. 925 being due to her for deferred dower and she being in possession of her husband's estate she was entitled to retain such possession until the sum due to her had been paid out of the rents and profits by reason of the widow's lien for dower recognised by the Mussalman law. To that defence it was answered that the widow had not obtained possession by any consent, express or implied, of her husband or his other heirs. The learned Munsif found as a fact that no consent was obtained and he followed the decision of the Judicial Committee in Hamira Bibi v. Zubaida Bibi 36 Ind. Cas. 87 : 38 A. 581 : 21 C.W.N. 1 : 14 A.L.J. 1055 : 18 Bom. L.R. 999 : 81 ...
Sadek Ali Vs. Samed Ali
Court: Kolkata
Decided on: Jul-11-1923
Reported in: 80Ind.Cas.300
Rankin, J.1. This is an appeal by the Defendant in an ejectment suit. The Defendant's defence was a denial of the Plaintiff's title. The Plaintiff claimed title as purchaser at an execution sale against one Majammil Mea under a Small Cause Court decree for money obtained under the Provincial Small Cause Courts Act. It appears that in the Small Cause Court at Sealdah he obtained an attachment of the land now in suit before judgment, that there was an investigation of claim held under Order XXI, Rule 63, Civil Procedure Code, that the claimant succeeded and that the plaintiff then brought a suit to establish the right of his judgment-debtor, but that suit was withdrawn. Later, the decree was transferred to the ordinary Civil Court; the property was attached and sold to him ignoring the previous claim case.2. The Munsif held that the Small Cause Court had power to attach immoveables before judgment and to decide the claim case. Accordingly he dismissed the plaintiff's suit holding that th...
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