Kolkata Court March 1924 Judgments
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Umaram Gogoi Vs. Puruk Chand Oswal and ors.
Court: Kolkata
Decided on: Mar-24-1924
Reported in: AIR1925Cal993,85Ind.Cas.540
Mukerji, J.1. Some of the questions which arose for consideration upon the facts proved or sought to be proved on behalf of the parties in this suit are these.1st:-Is the defendant No. 3 the adopted son of Bhadoi?2nd:-Is the plaintiff estopped from questioning the adoption, if any, of Bhadoi?3rd:-Was there a separation between the defendant No. 1 and the defendant No. 3 after Bhadoi's death?4th :-Is the plaintiff entitled to any relief in view of the provisions of Section 41 of the Transfer of Property Act?2. The first question the Court of first instance answered in the affirmative. This finding was based on the following.-1. The direct evidence of adoption; 2. the fact that the defendant No. 3 left his father's house and came to live with Bhadoi and lived with the latter till his death; 3. the fact that the defendant No. 3 lived with Bhadoi and then with defendant No. 1 till the latter separated from him about a year after Bhadoi's death and that the defendant No. 3 was still living ...
Maharajah Sir Manindra Chandra Nandy Vs. H.V. Low and Co., Ltd.
Court: Kolkata
Decided on: Mar-24-1924
Reported in: 83Ind.Cas.934
C.C. Ghose, J.1. These are two applications--one by the Maharajah of Kassimbazar for the appointment of a Receiver for the purpose of realizing certain outstanding payments due from customers in respect of coal supplied from the collieries of Maharajah during the time of the Managing Agency of the defendant Company and up to the termination of the said Agency on the 4th February 1924, and for the purpose of taking charge of all books, papers, records and documents relating to the said collieries and now in the possession of the defendant Company, or in the alternative, for an in junction to restrain the defendant Company their Directors, servants and agents, from realizing the said outstandings and the other by the defendant Company, for an order that all proceedings in this suit may be stayed to enable the matters in dispute and difference between the parties to be referred to arbitration in terms of a certain agreement, dated the 1st April 1917. The grounds in support of the one appl...
King-emperor Vs. Golam Kader and ors.
Court: Kolkata
Decided on: Mar-20-1924
Reported in: AIR1924Cal956
Greaves, J.1. This is a reference by the Sessions Judge of Chittagong. Twenty persons wore charged with offences under , 147 of the Indian Penal Code. Four of them, 1, 2, 17 and 18 were further charged with offences under Section 302 of the Indian Penal Code arid, there was a further charge under Section 149 read with Section 302 against all the 20 persons. The trial took place before a jury between the 10th and 19th of December last year, and. the jury by a unanimous verdict found the accused not guilty on the 19th December, giving them, so we understand, the benefit of the doubt. Under the circumstances the Sessions Judge who has disagreed with the unanimous verdict of the jury has made this Reference to us under the provisions of Section 307 of the Code of Criminal Procedure. It is necessary, therefore, for us to consider the evidence that was before the jury and the view of the Sessions Judge and also the view of the Jury and after having done so to arrive at our own conclusion upo...
Mahendra Nath Srimani Vs. Secy. of State and ors.
Court: Kolkata
Decided on: Mar-20-1924
Reported in: AIR1925Cal65
1. This is an appeal against the decision of the Special Land Acquisition Judge of the 24-Parganas in a land acquisition case. A piece of land measuring 9 chattaks 27 sq. ft. was taken from the claimant's premises for the purpose of rounding off the corner between Bowbazar Street and College Street in this town. The Collector valued the land acquired at Rs. 15,000 and houses thereon at Rs. 1,390. On the objection by Mahendra Nath Srimany, the lessee of the premises reference was made to the Land Acquisition Judge and he supported the Collector's award. Against this decision this appeal has been preferred.2. The owner of the premises, is a respondent to this appeal, but he has joined forces with the appellant, and the appeal is really made on behalf of both and Court-fees have been paid on the full amount now claimed. There is very little evidence on the record to help us in determining the value of the land.3. The appellant relies on the municipal valuation. The entire holding of an ar...
Biresh Chandra Das and ors. Vs. Hari Dasi Bose and ors.
Court: Kolkata
Decided on: Mar-20-1924
Reported in: AIR1925Cal254
Suhrawardy, J.1. This rule is directed against an order of the Additional District Judge of Howrah rejecting an application by the petitioners for stay of execution of a decree against which an appeal is pending in that Court. The suit was for joint possession of an 8-annaa share in the property in dispute. It was decreed in the Court of first instance and the order passed was for the delivery of khas possession to the plaintiffs. The petitioners are the defendants and they have preferred an appeal against that decree which is pending in the Court of the Additional District Judge of Howrah. The learned Judge passed the following order on this application. ' Stay is opposed. It is pointed out that the suit was instituted in 1920 and not decreed until 1923 and that 9 1/2 months have elapsed between the finding of appeal and the petition for stay. In the circumstances the petition is rejected.'2. This Rule has been issued on the ground that the learned Judge has acted with material irregu...
Ramesh Chandra Das Vs. Birendra Kishore Manikya
Court: Kolkata
Decided on: Mar-20-1924
Reported in: AIR1925Cal513
Suhrawardy, J.1. This is an application by Maharani Srimati Arundhati Mahadevi of Tipperah asking for a decision of this Court as to whether Maharaja Bir Bikram Kishore Munikya Bahadur the present Maharaja of Tipperah is a minor for the purposes of the present appeal which is one of many cases pending in British Indian Courts, in connection with his extensive zemindary within British territories and for such order as to this Court may seem fit and proper. During the pendency of this appeal the respondent Maharaja Birendra Kishore Manikya Bahadur of Tipperah died on the 13th August, 1923, leaving as his son and heir the said Maharaja Bir Bikram Kishore Manikya Bahadur who had succeeded to the Tipperah State a Feudatory State in alliance with the British Government, as its Ruling Chief with the approval of the British Government. The appellant thereupon applied for the substitution of the name of Maharaja Bir Bikram Kishore Manikya Bahadur as respondent and, alleging that he was a minor,...
Mahendranath Srimani Vs. the Secretary of State for India in Council
Court: Kolkata
Decided on: Mar-20-1924
Reported in: 81Ind.Cas.1004
1. This is an appeal against the decision of the Special Land Acquisition Judge of the, 24-Perganas in a land acquisition case. A piece of land measuring 9 chattaks 27 square feet was taken from the claimants premises for the purpose of rounding oil the corner between Bowbazar Street and College Street in this town. The Collector valued the land acquired at Rs. 15,000 and houses there on at Rs. 1,390. On the objection by Mahendra Nath Srimani, the lessee of the premises, reference was made to the Land Acquisition Judge and he supported the Collector's award. Against this decision this appeal has been preferred. The owner of the premises is a respondent to this appeal, but he has joined forces with the appellant, and the appeal is really made on behalf of both and Court-fees have been paid on the full amount now claimed. There is very little evidence on the record to help us in determining the value of the land. The appellant relies, on the Municipal evaluation. The entire folding of an...
Biresh Chandra Das and ors. Vs. Sm. Hari Dasi Bose and ors.
Court: Kolkata
Decided on: Mar-20-1924
Reported in: 82Ind.Cas.435
Suhrawardy, J.1. This Rule is directed against an order of the Additional District Judge of Howrah rejecting an application by the petitioners for stay of execution of a decree against, which an appeal is pending in that Court. The suit was for joint possession of an 8-annas share in the property in dispute. It was decreed in the Court of first instance and the order passed was for the delivery of khas possession to the plaintiffs. The petitioners are the defendants and they have preferred an appeal against that decree which is pending in the Court of the Additional District Judge of Howrah. The learned Judge passed the following order on this application: 'Stay is opposed. It is pointed out that the suit was instituted in 1920 and not decreed until 1923 and that 9 1/2 months have elapsed between the filing of appeal and the petition for stay. In the circumstances the petition is rejected.'2. This Rule has been issued on the ground that the learned Judge has, acted with material irregu...
Chowdhuri Dina Nath Pati and ors. Vs. Chowdhuri Upendra Nandan Das Mah ...
Court: Kolkata
Decided on: Mar-20-1924
Reported in: 82Ind.Cas.702
Ewart Greaves, J.1. We think that this appeal must succeed as there has not been a proper service of notice of the appeal on the appellants before us The suit was commenced by the plaintiffs against their tenants for the recovery of rent. The First Court decreed the suit Against this decree the defendants preferred an appeal. In the plaint the plaintiffs have described themselves as residing at a village called Samsara. Accordingly, the notice of the appeal was sent for service to Samsara. The peon on arriving at Samsara did not find the plaintiffs there or any male member of their family upon whom the service could be effected. He found there a servant of the plaintiffs and the peon was told the plaintiffs were at that time living at their own bari at village Janki, some two or three miles distant from Samsara, The peon thereupon purported to effect service by affixing the notice at the entrance of the house at Samsara. This is shown by the receipt which is the first document in the p...
Emperor Vs. Golam Kader and ors.
Court: Kolkata
Decided on: Mar-20-1924
Reported in: 82Ind.Cas.356
Ewart Greaves, J.1. This is a Reference by the Sessions Judge of Chittagong. Twenty persons were charged with offences under Section 147 of the Indian Penal Code. Four of them 1,2, 17 and 18 were further charged with offences under Section 302 of the Indian Penal Code and there was a further charge under Section 149 read with Section 302 against all the 20 persons. The trial took place before a Jury between the 10th and the 19th of December last year, and the Jury by an unanimous verdict found the accused not guilty on the 19th December, giving them, so we understand, the benefit of the doubt. Under the circumstances the Sessions Judge who has disagreed with the unanimous verdict of the Jury has made this Reference to us under the provisions of Section 307 of the Code of Criminal Procedure. It is necessary, therefore, for us to consider the evidence that was before the Jury and the view of the Sessions Judge and also the view of the Jury and after having done so to arrive at our own co...
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