Kolkata Court May 1924 Judgments
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(Sheikh) Biroo Sardar Vs. Y.C. Ariff and ors.
Court: Kolkata
Decided on: May-09-1924
Reported in: AIR1925Cal579,84Ind.Cas.446
1. This is a Reference made to us by the Chief Presidency Magistrate under the provisions of Section 433, Cr. P.C.2. In November of last year one Biroo Sardar, a Cooly Sardar, complained before the Chief Presidency Magistrate that through the instrumentality of Y. C. Ariff and A. Shustry a revolver and three live cartridges were planted in the house in which ho resides on the 6th September, 1923, and that in consequence he was arrested. The complainant suggests that this was done because he had refused to join a Union of Stevedore coolies which the accused had started and because he had been instrumental in getting some Sardars, who were members of the Union, bound down under the provisions of the Cr. P.C. The Chief Presidency Magistrate examined the complainant and sent the complaint to a C. I. D. Officer for enquiry and report and having seen the report and connected papers, and the papers in a case against one Shaikh Darbari against whom a charge under Section 193, Indian Penal Code...
In Re: Ex Parte Harsukdas Balkissendas
Court: Kolkata
Decided on: May-09-1924
Reported in: 83Ind.Cas.941
C.C. Ghose, J.1. This an application for an order that the firm of Chowdhury & Co., may be adjudicated as insolvents.2. The facts which have been opened before me by learned Counsel who appeared in support of the application areas follows : On the 21st August 1923 a decree was obtained in Suit No. 2239 of 1923 by Messrs. Harsukdas Balkissen-das who are the petitioning creditors for a sum of Rs. 10,000, being the amount due on a hundi executed on the 4th May 1923 by Messrs. Chowdhury & Co. In. execution of the said decree, the decree-holders applied for leave to attach certain properties belonging to the judgment-debtors and then in the hands of Mr. R.N. Mitter, Barrister-at-law, who had been appointed Receiver in another suit of the assets belonging to Messrs. Chowdhury & Co. On or about the 29th November 1923, the Receiver was served with a notice requiring him not to part with certain articles of furniture which had been attached by the decree-holders in execution of the said decree,...
Giribala Dasi Vs. Biswambhar Haldar
Court: Kolkata
Decided on: May-08-1924
Reported in: AIR1924Cal1064
1. This is an appeal by the opposite party Giribala Dasi and arises, out of an application made under Order 21, Rule 2(2) of the Code of Civil Procedure for certifying payment of a decree and alleged satisfaction out of Court.2. The learned Subordinate Judge found: on the evidence that the alleged payment of Rs. 730 in satisfaction had been proved and directed satisfaction of the decree to be recorded accordingly. Against that., order the present appeal has been filed, and. the grounds on which it has been assailed are firstly, that the final decree not having, been drawn up at the date when the application was made, the application was not maintainable; and secondly, that the Court below ought to have held on the: evidence that the receipt (Exhibit I) was not a genuine document.3. In connection with the first point it is necessary to refer to Order 21, Rule 2(1) and (2) of the C.P.C. which read as follows:2(1) Where any money payable under a decree of any kind is paid out of Court, or...
Narayan Singh and ors. Vs. Emperor
Court: Kolkata
Decided on: May-08-1924
Reported in: AIR1925Cal191
1. This Rule is directed against the order of the Sessions Judge of Darjeeling dealing with a case which was referred to him under Section 123, Criminal Procedure Code, by the Sub-Divisional Officer of Siliguri. The accused petitioners were directed by the Magistrate to furnish security for good behaviour for three years and in default to be detained in prison. The learned Sessions Judge, on examining the record, has held that the Magistrate was in error in relying on the uncorroborated testimony of an accomplice. He has further held that certain irrelevant evidence was also admitted by the Magistrate. He has then remanded the case for rehearing in accordance with law on the grounds that apart from the evidence of the accomplice and the wrongly admitted evidence there is other evidence which appears to afford material corroboration of the approver in certain respects and it is essential that the whole matter should be reconsidered from a correct point of view. We hold that in passing t...
Shrinath Chatterjee and anr. Vs. Kedar Nath Rai
Court: Kolkata
Decided on: May-08-1924
Reported in: AIR1925Cal276a
1. This is an appeal against an order of the Subordinate Judge of Nadia, disallowing objections filed by the judgment-debtors in an execution case under Section 47, Civil Procedure Code.2. A suit in ejectment had been brought against the owners of certain properties represented by one Charu Chandra Ganguli, the common manager appointed under Section 95 of the Bengal Tenancy Act. The suit was eventually compromised and decreed accordingly on the 4th February, 1921. Upon execution being taken out, objection was taken by the judgment-debtors that the decree could not be executed because Charu Chunder Ganguli did not represent the estate on the date of decree and also because the leave of District Judge was not obtained for the compromise. On behalf of the decree-holders a preliminary objection was raised in the Court below that the application was not maintainable under Section 47, Civil Procedure Code, in the execution stage the contention being that a separate suit might lie for the pur...
Haripada Haldar and ors. Vs. Baradaprosad Roy Choudhury and ors.
Court: Kolkata
Decided on: May-08-1924
Reported in: AIR1925Cal351
1. This appeal is directed against an order of the Second Additional District Judge of the 24 Parganaa confirming the order of the Munsiff, Fourth Court, Diamond Harbour, dismissing an application for setting aside a sale in execution of a rent decree. The judgment-debtor applicants now appellants, with a large number of co-sharers held under the decree-holder, Barada Prosad Roy Choudhury a Chak comprising an area of 147 bighas bearing a yearly rental of Rs. 183-12. The said Barada Prosad sued the tenants, the applicants and their co-sharers for arrears of rent and obtained a decree on the 28th August, 1917. The decree was in due course put into execution on the 18th January, 1918, and the chak in default being put up to sale was purchased by one Jadu Nath Sarma on the 2nd July, 1918. The judgment-debtor Haripada and others then applied to have the sale set aside and assailed both the decree and the sale on various grounds. One of the points for determination was whether the applicatio...
Dinanath Sarma Kataki Vs. Gour Nath Sarma Kataki and ors.
Court: Kolkata
Decided on: May-08-1924
Reported in: AIR1925Cal434,82Ind.Cas.964
Pearson, J.1. This is an appeal from a decision of the District Judge of the Assam Valley Districts reversing, a judgment of the Munsif at Gouhati. The facts are as follows: A certain dag No. 219 belonged to the plaintiff, the first and second defendants and one Krishna Nath. They were all brothers and owned the property in equal shares. The first defendant-approached the plaintiff representing to him that he was the owner of i of this dag, and agreed to sell his half share to the plaintiff for a sum of Rs. 800. The 1/2 share purported to comprise the 1/4th share belonging to the first defendant and the 1/4th. share belonging to Krishna Nath which, he alleged, had fallen to him by succession. Before the contract was completed, however, it appears that the plaintiff came to know that Krishna Nath's 1/4 th share had been in fact inherited by Krishna Nath's daughter's son. The plaintiff thereupon sued for specific performance on the footing of being entitled to the 1/4 th share belonging ...
Srinath Chatterjee and anr. Vs. Kedar Nath Rai and ors.
Court: Kolkata
Decided on: May-08-1924
Reported in: 82Ind.Cas.255
1. This is an appeal against an order of the Subordinate Judge of Nadia, disallowing objections filed by the judgment-debtors in an execution case under Section 47, Civil Procedure Code.2. A suit in ejectment had been brought against the owners of certain properties represented by one Charu Chandra Ganguli, the common manager appointed under Section 95 of the Bengal Tenancy Act. The suit was eventually compromised and decreed accordingly on the 4th February 1921. Upon execution being taken out, objection was taken by the judgment-debtors that the decree could not be executed because Charu Chunder Ganguli did not represent the estate on the date of decree and also because the leave of the District Judge was not obtained for the compromise.3. On behalf of the decree-holders a preliminary objection was raised in the Court below that the application was not maintainable under Section 47, Civil Procedure Code, in the execution stage the contention being that a separate suit might lie for th...
Haripada Haldar Vs. Barada Prasad Roy Chowdhury and ors.
Court: Kolkata
Decided on: May-08-1924
Reported in: (1924)ILR51Cal1014
Pearson and Graham, JJ.1. This appeal is directed against an order of the 2nd Additional District Judge of the 24-Parganas confirming the order of the Munsif, 4th Court, Diamond Harbour, dismissing an application for setting aside a sale in execution of a rent decree. The judgment-debtor applicants, now appellants, with a large number of co-sharers held under the decree-holder, Barada Prasad Roy Chowdhury, a chak comprising an area of 147 bighas bearing a yearly rental of Rs. 183-12. The said Barada Prasad sued the tenants, the applicants, and their co-sharers for arrears of rent and obtained a decree on the 28th August 1917. The decree was in due course put into execution on the 18th January 1918 and the chak in default being put up to sale was purchased by one Jadu Nath Sarma on the,2nd July 1918. The judgment-debtor Haripada and others then applied to have the sale set aside and assailed both the decree and the sale on various grounds. One of the points for determination was whether...
Haripada Haldar and ors. Vs. Baradaprosad Roy Chowdhury and ors.
Court: Kolkata
Decided on: May-08-1924
Reported in: 82Ind.Cas.322
1. This appeal is directed against an order of the Second Additional District Judge of the 24 Parganas confirming the order of the Munsif, Fourth Court, Diamond Harbour, dismissing an application for setting aside a sale in execution of a rent decree. The judgment-debtor applicants, now appellants, with a large number of co-sharers held under the decree-holder Barada Prosad Roy Chowdhury a chak comprising an area of 147 bighas bearing a yearly rental of Rs. 183-12. The said Barada Prosad sued the tenants, the applicants and their co-sharers for arrears of rent and obtained a decree on the 28th August 1917. The decree was in due course put into execution on the 18th January, 1918, and the chak in default being put up to sale was purchased by one Jadu Nath Sarma on the 2nd July 1918. The judgment-debtor Haripada and others then applied to have the sale set aside and assailed both the decree and the sale on various grounds. One of the points for determination was whether the application w...
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