Kolkata Court July 1923 Judgments
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Chandumull Benganey Vs. National Bank of India, Ltd.
Court: Kolkata
Decided on: Jul-10-1923
Reported in: AIR1924Cal552
Mookerjee, J.1. This is an appeal from the judgment of Mr. Justice Greaves in a suit for recovery of money on the basis of what is described, as a letter of credit. The material facts relevant for the determination of the rights of the parties are really beyond controversy.2. The plaintiffs carry on business in Calcutta as exporters of jute against orders placed with them by approved constituents. They allege that this export business was carried on by them in co-partnership with the firm of Udoychand Pannalall who have been joined as defendants, upon their refusal to join as plaintiffs. On the 25th November, 1920, the contesting defendant, the National Bank of India, Ltd. wrote to the defendant firm the following letter:We beg to inform you that we are in receipt of advice by wire from our London Office, that a confirmed irrevocable oredit has been opened under which we are authorised to negotiate your bills, as offered on Messrs. Mildred Goyenche & Co., to the extent of 16,875 (sixte...
Bijoy Chand Mahatab Vs. Akhil Bhuia
Court: Kolkata
Decided on: Jul-10-1923
Reported in: AIR1924Cal648
1. These seventy appeals arise out of as many cases for settlement of fair rents under Chap. X of the Bengal Tenancy Act. In 14 of these cases the lands are entirely haja badi and in the remaining 56 cases the lands are described partly as haja badi and partly as raiyati. With respect to the haja badi lands the tenants according to a custom get an entire remission of the rent for the year in which there is a flood, and the question is whether any presumption can arise under Section 50, Clause 2 of the Bengal Tenancy Act in respect of such tenancies. Section 50 Clause (2) lays down that the presumption would arise if it is proved in any suit or other proceeding that a tenant and his predecessor-in-interest have held at a rent or rate of rent which has not been changed during the 20 years immediately before the institution of the suit or proceeding. The Courts below have held that the presumption does arise.2. The plaintiff (the landlord) has appealed to this Court and relies upon the fa...
Bindubashini Roy Chowhury Vs. Secretary of State
Court: Kolkata
Decided on: Jul-10-1923
Reported in: AIR1924Cal774,79Ind.Cas.745
Rankin, J.1. This is an application in revision whereby an applicant for probate complains of an order made by the Court below granting a review in a proceeding under Section 19-H of the Court-fees Act, being a proceeding wherein the Collector moves the Court to hold an enquiry into the true value of the estate of the testator. Broadly speaking, the facts are that the case was ordered to come on for hearing on the 6th January 1923. On that date neither party was ready. Both parties appear to have applied for an adjournment, and the learned Judge at first was minded to grant them an adjournment till the 21st January. Shortly afterwards, two witnesses for the Collector put in appearance, and the order granting the adjournment was vacated and the case commenced, notwithstanding the objections of the pleader for the present petitioner. The two witnesses on behalf of the Collector were heard and they did not take the case for the Collector any further. The Government pleader wanted an adjou...
Nowrang Singh Vs. Janardan
Court: Kolkata
Decided on: Jul-10-1923
Reported in: AIR1924Cal994
Mookerjee, J.1. This is an application for review of judgment and decree in an appeal from original decree. The judgment was delivered on the 7th June, 1922. The decree was signed on the 21st July, 1922. The application for review was presented to the stamp reporter on the 6th September, 1922. The Court-fee paid on the application was one-half of the Court-fee paid on the memorandum of appeal. The application was returned by the stamp reporter on the very day it was presented. It thereupon became incumbent on the petitioner to present the application by way of motion in open Court to the Division Court of whose decision the review was sought, within seven days of the return of the application. If the Judges of such Division Court were not sitting together the application had to be presented to the senior of the Judges who might be then attached to the Court and present. On the 6th September, 1922, when the application was returned by the stamp reporter, the Court was closed for the lon...
Chandanmull Benganey Vs. National Bank of India, Ltd.
Court: Kolkata
Decided on: Jul-10-1923
Reported in: (1924)ILR51Cal43
Mookerjee, J.1. This is an appeal from the judgment of Mr. Justice Greaves in a suit for recovery of money on the basis of what is described as a letter of credit. The material facts relevant for the determination of the rights of the parties are really beyond controversy.2. The plaintiffs carry on business in Calcutta as exporters of jute against orders placed with them by approved constituents. They allege that this export business was carried on by them in co-partnership with the firm of Udoychand Pannalall who have been joined as defendants, upon their refusal to join as plaintiffs. On the 25th November, 1920, the contesting defendant, the National Bank of India, Ltd., wrote to the defendant firm the following letter:3. We beg to inform you that we are in receipt of advice by wire from our London Office, that a confirmed irrevocable credit has been opened under which we are authorised to negotiate your bills, as offered on Messrs. Mildred Goyenche & Co., to the extent of 16,875 (si...
Bijoy Chand Mahatab Vs. Akhil Bhuiya
Court: Kolkata
Decided on: Jul-10-1923
Reported in: (1924)ILR51Cal314
Chatterjea and Panton, JJ.1. These seventy appeals arise out of as many cases for settlement of fair rents under Chapter X of the Bengal Tenancy Act. In 14 of these cases the lands are entirely hajabadi and in the remaining 56 cases the lands are described partly as hajabadi and partly as raiyati. With respect to the hajabadi lands the tenants according to a custom get an entire remission of the rent for the year in which there is a flood and the question is whether any presumption can arise under Section 50, Clause (2) of the Bengal Tenancy Act in respect of such tenancies. Section 50, Clause (2) lays down that the presumption would arise if it is proved in any suit or other proceeding that a tenant and his predecessor-in-interest have held at a rent or rate of rent which has not been changed during the 20 years immediately before the institution of the suit or proceeding. The Courts below have held that the presumption does arise.2. The plaintiff (the landlord) has appealed to this C...
Chandanmull Benganey Vs. National Bank of India Ltd.
Court: Kolkata
Decided on: Jul-10-1923
Reported in: 79Ind.Cas.757
Asutosh Mookerjee, J.1. This is an appeal from the judgments of Mr. Justice Greaves in a suit for recovery of money on the basis of what is described as a letter of credit. The material facts relevant for the determination of the rights of the parties are really beyond controversy.2. The plaintiffs carry on business in Calcutta as exporters of jute against orders placed with them by approved constituents. They allege that this export business was carried on by them in co-partnership with the firm of Udoy-Chand Pannalall who have been joined as defendants, upon their refusal to join as plaintiffs. On the 25th November 1920, the contesting defendant, the National Bank of India, Ltd., wrote to the defendant-firm the following letter:We beg to inform you that we are in receipt of advice by wire from our London Office, that a confirmed irrevocable credit has been opened under which we are authorised to negotiate your bills, as offered on Messrs. Mildred Goyenche & Co., to the extent of 16,8...
Upendra NaraIn Roy and ors. Vs. Bisweswar Roy Chowdhury
Court: Kolkata
Decided on: Jul-06-1923
Reported in: AIR1925Cal569
1. This is a Rule issued on an application under Section 152 of the Code of Civil Procedure for amendment of the decree for costs made in an appeal from original decree.2. The plaintiffs instituted a suit for the establishment of their title to a half share of the lands of an Osat Taluk and for recovery of possession of their share on partition by metes and bounds. There were two sets of defendants, viz., the co-sharer defendants and the tenant defendants. As regards the tenant defendants, the question in controversy was, whether a nim howla (Ramkanai Gupta) was real or fictitious. If the tenure was real, the plaintiffs would not be entitled to actual possession. If it was fictitious, the plaintiffs would be entitled to possession, by ejectment of the alleged tenants. The plaintiffs who had acquired a share in this nim howla, instituted this Suit on the allegation that the nim howla was fictitious and had no real existence. The defendants who are the petitioners before us, had purchase...
Mohini Mohan Roy Vs. Ramadas Paramhansa
Court: Kolkata
Decided on: Jul-05-1923
Reported in: AIR1924Cal487
Rankin, J.1. In this case, the defendant appeals from a decision of the District Judge of Nadia reversing a decision of the Munsif of Ranaghat. The plaintiff brought the suit for a sum of money as duo to him by the terms of a document called ekrarnama. That document is dated the 28th March, 1891, and contemporaneously with it on the same day there was a conveyance of certain land by the predecessor-in-title of the plaintiff to the predecessor of the defendant. The terms of the ekrarnama have been discussed in the judgments of the Courts below and the first question is the question of construction. It is to be observed that the conveyance contains no reference whatever to any such covenant as I am now about to read from the ekrarnama. The ekrarnama which was executed by the defendant's predecessor-in-title was as follows : 'When you expressed your dosire to sell your share of the putni and jamai right in mouza Goid, village Salua Parga Ukhara, I had promised before you that, if the abov...
Golam Nazar and ors. Vs. Abbas Molla and ors.
Court: Kolkata
Decided on: Jul-05-1923
Reported in: AIR1925Cal193
1. This is an appeal by the plaintiffs against the dismissal of their suit by the lower Appellate Court reversing the decree of the trial Court. The suit was brought on the 30th January, 1919 and was one for khas possession of a tank. The plaintiffs and the main defendants claim under the same landlords, it being admitted that the defendants Nos. 23 to 26 have the maliki right in the tank in suit. In 1916, the landlords settled the tank with the plaintiffs. In 1904 it appears that the landlords had threatened the defendants that the tank would be settled with a third party. In 1914 they advertised for settling the tank and at the auction defendants also bid. In these circumstances the contention of the plaintiffs is that the learned Judge has misdirected himself in law in finding that the landlords having been out of possession for over 12 years the plaintiffs' suit cannot be maintained.2. The case is admittedly one where the defendants are already tenants of the land-lords. The defend...
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