Kolkata Court November 1924 Judgments
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Satish Chandra Nag and ors. Vs. Haripada De and ors.
Court: Kolkata
Decided on: Nov-20-1924
Reported in: AIR1925Cal689,87Ind.Cas.43
Cuming, J. 1. In the suit out of which this appeal has arisen the plaintiff sued for a declaration that a certain deed of sale executed on the 31st May, 1922, by-defendant No. 2 in favour of defendants 1, 3, 4 and 5 in the name of the defendant) No. 1, for the sum of Rs. 1,400 was a fraudulent and collusive document, that it had been obtained by undue influence and had been made without any legal necessity and was not therefore binding on the plaintiff who is the reversioner of the son of defendant No. 2.2. The facts are as follows: Preonath De was married twice. By his first wife he had three daughters and one son. This son Upendra Nath died during his father's lifetime leaving a widow but no issue. The plaintiff's are the children of the eldest daughter of the elder wife. Defendant No. 2 is the second wife of Preonath De. She had one daughter Natu Bala and one son Chandra Kanta who is now dead. The plaintiffs are now the reversioners to the estate of Chandra Kanta. The case of the pl...
Raj Kumar Basu and ors. Vs. Girindra Kumar Bandopadhya and ors.
Court: Kolkata
Decided on: Nov-19-1924
Reported in: AIR1925Cal722
1. The only question raised in this appeal is what is the rate of interest on arrears of rent payable by the defendants to the plaintiff. The plaintiff-appellant has brought the present suit for arrears of rent against the defendants charging interest at the rate of 150 percent per annum in accordance with the terms of the kabuliyat dated 1874. Both the Courts below have held that the plaintiff is not entitled to recover interest at such a high rats as 150 per cent. per annum on the ground that the rate of interest was hard and unconscionable. They further held that the stipulation as to payment of interest was penal and was inserted by way of threat and was not intended to be acted upon and was never acted upon. In this view they held that the stipulation was in the nature of penalty and fixed the rate of interest at 25 per cent. per annum.2. The plaintiff appeals and argues that there is no evidence on the record to show that the bargain was hard and unconscionable or brought about b...
Adam Sajan and Co. Vs. Asutosh Bandopadhaya and ors.
Court: Kolkata
Decided on: Nov-19-1924
Reported in: AIR1926Cal100,86Ind.Cas.1046
B.B. Ghose, J.1. This Rule was obtained by the defendant No. 1 against a decree of the Small Cause Court Judge at Dacca. The suit was brought by the plaintiff for recovery of the price of a certain statue which he purchased from the defendant No. 1 and the ground on which he based his claim was that when he purchased the statue the defendant No. 1 gave a warrant that the said statue was perfect in every respect that there was no joint or defect in it, nor was it broken in any part thereof. The shop of defendant No. 1 is in Calcutta. A part of the price was paid in Calcutta, and the learned Judge of the Court below finds that the property in the statue passed to the plaintiff at the time of the purchase. The defendant No. 1 was asked to send the statue to Dacca by rail and steamer and it was said that the Railway receipt might be sent by value payable post to the plaintiff at Dacca who would pay the balance of the purchase money and the costs on receipt thereof. It was alleged that the ...
Annada Charan Ray and ors. Vs. Girindra Kumar Bandapadhaya and ors.
Court: Kolkata
Decided on: Nov-19-1924
Reported in: 87Ind.Cas.178
1. The only question raised in this appeal is what is the rate of interest on arrears of rent payable by the defendants to the plaintiff. The plaintiff-appellant has brought the present suit for arrears of rent against the defendants charging interest at the rate of 150 per cent. per annum in accordance with the terms of the kabuliyat dated 1874. Both the Courts below have held that the plaintiff is not entitled to recover interest at such high rate as 150 per cent. per annum on the ground that the rate of interest was hard and unconscionable. They further held that the stipulation as to,, payment of interest was penal and was inserted by way of threat and was not intended to be acted upon and was never acted upon. In this view they held that the stipulation was in the nature of penalty and, fixed the rate of interest at 25 per cent. per annum.2. The plaintiff appeals and argues that there is no evidence on the record to show that the bargain was hard and unconscionable or brought abou...
Kali Charan Ghose Vs. Sreemutty Rani Sarajini Debi and ors.
Court: Kolkata
Decided on: Nov-19-1924
Reported in: 87Ind.Cas.168
ORDERB.B. Ghose, J.1. The petitioner before this Court was the claimant in the claim case. His claim was rejected on the ground that it could not proceed as the property with regard to which the claim had been prepared had already been sold in execution of the decree. It appears that the claim was put in shortly before the date of the sale of the property. The petitioner must have satisfied the Court that he had not designedly or unnecessarily delayed in making his claim. Afterwards, the petitioner applied for an adjournment of the sale; but his application was rejected and the sale took place. The petition of claim, subsequently came up for hearing and it 'was, as already stated rejected.2. It is contended by the learned Vakil for the petitioner that the petitioner's case was not heard not on account of any fault of his but because of the Court rejected his petition for stay of the sale pending the disposal of his claim case and that he was thus placed in a disadvantageous position. I...
Kali Charan Ghose Vs. Sarojini Debi and ors.
Court: Kolkata
Decided on: Nov-19-1924
Reported in: AIR1926Cal468
ORDERB.B. Ghose, J.1. The petitioner before this Court was the claimant in the claim case. His claim was rejected on the ground that it could not proceed as the property with regard to which the claim had been prepared had already been sold in execution of the decree. It appears that the claim was put in shortly before the date of the sale of the property. The petitioner must have satisfied the Court that he had not designedly or unnecessarily delayed in making his claim, Afterwards, the petitioner applied for an adjournment of the sale; but his application was rejected and the sale took place. The petition of claim subsequently came, up for hearing, and it was, as already stated, rejected.2. It is contended by the learned vakil for the petitioner that the petitioner's case was not heard not on account of any fault of his but because the Court rejected his petition for stay of the sale pending the disposal of his claim case and that he was thus placed in a disadvantageous position. It ...
T.D. Kumar and Brothers Vs. Beruck and Comens
Court: Kolkata
Decided on: Nov-18-1924
Reported in: AIR1925Cal941
Sanderson, C.J.1. This is an appeal by the plaintiffs in the suit against the judgment of my learned brother Mr. Justice Pearson, which was delivered on the 18th of June 1923, and by which he dismissed the suit with costs on scale No. 2.2. There were two contracts made between the plaintiffs and the defendants with reference to steel plates.3. The present dispute relates to the contract made on the 26th June 1920, whereby the plaintiffs bought from the defendants about 15 tons of mild steel flats- 100 bundles (of which the sizes were given) and 607 bars (of which the sizes were given). The price was at Rs. 15-8 per cwt. c.i.f. Calcutta per Sections 'Schieldijk', cash on delivery, which was to be given and taken as follows: Cash against shipping documents on arrival of the steamer.4. The other contract was made on the same day, and it related to mild steel rounds. The plaintiffs obtained delivery of the subject-matter of that contract, and, there is no claim in this suit in respect ther...
Mohini Mohan Misra and ors. Vs. Srimati Sarat Sundari Debi and anr.
Court: Kolkata
Decided on: Nov-18-1924
Reported in: AIR1925Cal862
Walmsley, J.1. The plaintiffs prefer this appeal. They say that they are the successors-in-interest of one Nanda Lal Surma Roy, who in March 1830 received a sum of Rs. 11,000-0-0 from Kali Prosad Sarma Roy and in consideration therefor executed in his favour a deed of conveyance in regard to the properties in suit. On the same day Kali Prosad executed an Ekrarnama in favour of Nanda Lal by which the latter was given the right to repay the money. Two other documents bearing on the transaction were also executed on the same day.2. In 1859 Nanda Lal's successor brought a suit on the documents he wanted to recover possession of the land on the footing that the principal had been paid off out of the usufruct, and that there was a large sum due to him from Kali Prosad. The first Court decreed the suit finding that the principal had been satisfied and that Rs. 24,000-0-0 were due to the plaintiff. The defendant appealed to this Court: he failed on his main argument, that the transaction conta...
Kasim Ali Vs. Sarada Kripa and anr.
Court: Kolkata
Decided on: Nov-18-1924
Reported in: AIR1926Cal528
1. This rule is directed against the order discharging two accused persons under Section 209, Criminal P.C. We are asked to set aside that order and order either a commitment or further enquiry on the following main grounds: that the provisions of Section 360, Criminal P.C. were not followed by the Magistrate who held the enquiry, that a prima facie case against the accused has been made out and that the Magistrate has usurped the function of the jury in deciding the credibility of the evidence of the witnesses called for the prosecution.2. As regards the first point, we must hold that the provisions of Section 360, Criminal P.C. were not followed. It appears that the evidence was read over in the presence of the accused's pleader, but not in the presence of the accused. It is clear from the wording of the section that if the accused is in attendance the evidence must be read over in his presence, and it is only when the accused appears by a pleader that the reading over of the evidenc...
Chiranji Lal Ram Lal Vs. B.N. Ry. Co. Ltd.
Court: Kolkata
Decided on: Nov-17-1924
Reported in: AIR1925Cal559
Page, J.1. The decision of this suit involves the construction of Article 31 of the First Schedule of the Limitation Act (Act IX of 1908). The material facts are simple and undisputed. On the 9th October, 1919, the Bengal-Nagpur Railway Company agreed to carry for the plaintiff certain scantlings from Lapanga to Char-khidhari on the terms of Risk Note Form B. The plaintiff duly delivered the scantlings to the first defendant, the B.N. Ry. Co. at Lipanga Station and the goods were despatched therefrom as to 558 scantlings in wagon No. 2820 on the 12th October, 1919, and as to 328 scantlings in wagon No. 9656 on October the 12th. Wagon No. 2820 arrived at Charkhidhari sometime in December, 1919, and the goods therein were delivered to and accepted by the consignee Kooliram Dwarkadas. Notwithstanding repeated protests and demands by the plaintiff however, the defendants were not ready or willing to deliver the scantlings loaded in wagon No. 9656 until the 3rd March, 1921, when notice that...
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