Kolkata Court June 1924 Judgments
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Khondkar Ali Afzal Vs. Purna Chandra Tewari and ors.
Court: Kolkata
Decided on: Jun-24-1924
Reported in: AIR1924Cal1039,84Ind.Cas.703
1. In this matter the petitioner's father purchased at an auction-sale in execution of a mortgage-decree obtained against the father of the first three opposite parties, a certain property on the 20th September, 1908. It appears that other properties were also put to sale about the same time and purchased by other parties. The petitioner's father got possession in 1909 and after his death in 1917, the present petitioner and his mother have been in possession. The opposite parties Nos. 1, 2 and 3 applied on the 20bh September, 1920 for leave to sue the petitioner and his mother in forma pauperis for the declaration that the mortgagor (their father) Harish Chandra Tewari had no right to deal with the interest of the whole of the joint Mitakshara family in the absence of an antecedent debt or legal necessity, and so they were entitled to recover 3/4th share of the present property and the properties purchased by certain other people in execution of the original mortgage-decree.2. The appl...
BepIn Krishna Ghose Vs. Byomkesh Deb and ors.
Court: Kolkata
Decided on: Jun-24-1924
Reported in: AIR1925Cal395a,(1924)ILR51Cal1033,84Ind.Cas.880
Sanderson, C.J.1. This is an appeal from the judgment of my learned brother Mr. Justice C.C. Ghose delivered on the 4th of February 1924 whereby ho dismissed an application which had been made by the plaintiff.2. The application was for an order that the properties set out in Part II of Schedule A. annexed to the report of the Assistant Referee, dated the 24th of July 1922, should be sold by the Registrar to the best purchaser or purchasers that could be obtained for the same free from all encumbrances, and that the sale proceeds should be applied in the first instance in payment of the amount due to the plaintiff under the decree passed in the suit and dated the 22nd of April 1919.3. The facts, which it is necessary for me to state for the purpose of my judgment, are as follows: On the 16th of January 1908 the plaintiff lent a sum of Rs. 5,000 to one G.K. Deb with interest at 12 per cent and this loan was secured by the pledge of certain jewelleries handed to the plaintiff by G.K. Deb...
Gobinda Lal Ghose Vs. Nalini Kanta Ghose
Court: Kolkata
Decided on: Jun-24-1924
Reported in: AIR1925Cal584,(1925)ILR52Cal63
Greaves and Graham, JJ.1. This is an appeal by the judgment-debtor against an order of the District Judge, dated the 17th of July 1923. On the 1st of August 1914 the father of a minor obtained a decree against the present appellant. The father subsequently died and on the 10th of September 1915 the present appellant who was a debtor to the estate of the minor got himself appointed as guardian of the minor's property. Therefore the present appellant was the person who, as guardian of the minor, was under the obligation of enforcing against himself the decree which had been obtained against him by the minor's father on the 1st August 1914. I cannot think that this fact was disclosed to the District Judge at the time he made the order appointing the appellant as guardian of the minor. There is, it is true, no finding on this point, but the guardian who is seeking to prevent the enforcement of the decree against himself on the ground that limitation has run, ought to have satisfied the Cou...
Rez Muhammad and ors. Vs. Emperor
Court: Kolkata
Decided on: Jun-24-1924
Reported in: 90Ind.Cas.294
1. This Rule has been granted on two grounds. The first is that the Magistrate who tried the case did not comply with the mandatory provisions of Section 342 of the Cr. P.C. in this case the Trial Magistrate did in fact question the accused after the witnesses for the prosecution had been examined and cross-examined and before they were called on for their defence. It is, however, contended that the questions put to the accused at this time were not such as required by Section 342, Cr. P.C. Five accused were tried and one was acquitted. To all the accused the same question was put, 'what is your defence.' Two of them replied, 'I am innocent. I will file a written statement.' The other two replied, '1 am innocent.' It is argued that the questions put to these accused were not of the nature contemplated by the section, that is to say, the Court did not question the accused generally on the case for the purpose of enabling them to explain any circumstances appearing in the evidence agains...
Sultan Hasan Mirza Vs. Srimati Nanki Bibi
Court: Kolkata
Decided on: Jun-20-1924
Reported in: AIR1928Cal241
1. This is an appeal by the judgment-debtor in execution proceedings, The point urged before us is that under the provisions of Section 48, Civil P.C., the decree-holder's claim is barred by limitation. The material facts which it is necessary to state for the purpose of understanding the point which arises in this appeal are as follows:2. The decree-holder obtained his decree on 30th May 1901, and in execution of that decree some decree of the Judicial Committee was attached in execution. There seem to have been various proceedings from time to time in execution in various years down to 1913 and 1914. In 1914 there was an appeal to this Court in respect of an order that had been made in favour of the decree-holder. The contention raised in that appeal was a similar contention to what is now raised before us, namely, that the decree-holder's rights were barred under the provisions of Section 48. The judgment of this Court was delivered in the year 1916 and it was there held that Sectio...
Protap Chandra Deo Dhanbal Deb Vs. Sri Raja Jagadish Chandra Deo Dhaba ...
Court: Kolkata
Decided on: Jun-20-1924
Reported in: AIR1925Cal116
1. This appeal arises out of a suit for declaration of title to and recovery of possession of the Dhalbhum Raja Estate, for mesne profits and other reliefs. The plaintiff Jagadish Chandra Deo Dhabal claimed the estate under the will of Raja Satrughna Deo Dhabal dated the 11th May 1905. The properties belonging to the estate are situated partly in Singbhum, and partly in the district of Midnapur.2. The parties are governed by the Mitakshara School of Hindu Law, and their ancestors are said to have migrated from Rajputna, centuries ago. The history of the family is stated in Mohesh Chander Dhal v. Satrughan Dhal (1901) 29 Cal. 343 and a geneological table is given at page 344. The defendant Protap Chandra is descended from one Jugal Kishore who belonged to the main family and the plaintiff is descended from one Raja Karnala Kant the brother of Jugal Kishore, who founded the Jambuni branch of the family.3. The Dhalbhum Raj is an impartible estate, the succession to which has devolved by f...
Kudratulla Sarkar and ors. Vs. Upendra Kumar Chowdhury
Court: Kolkata
Decided on: Jun-20-1924
Reported in: AIR1925Cal203,84Ind.Cas.999
Greaves, J.1. This is an appeal in execution proceedings by the heirs of the judgment-debtors. The suit in which the decree was obtained was a suit against a. Co-operative Loan Society with unlimited liability and against the Secretary, the chairman and two members who signed the bond in respect of the money lent by the plaintiff in the suit. The suit was, I think, clearly wrongly constituted as the Co-operative Society alone should have been sued. But the suit was decreed in part and, I think it is clear from the decree and the plaint that the only possible construction that we can put upon the decree is that it was a decree not only as against the Co-operative Society but against the chairman, who, as already stated was one of the defendants, personally and his heirs who are the appellants before us. Although, I think, the suit was wrongly framed it is not possible for us in execution to set aside the decree that was passed against the chairman-defendant. For some reason or other no ...
Alkama Bibi and ors. Vs. Syed Istak HossaIn and ors.
Court: Kolkata
Decided on: Jun-20-1924
Reported in: AIR1925Cal970
Graham, J.1. This appeal is directed against an order of the District Judge of Birbhum refusing to appoint a Receiver pending the disposal of a suit brought by the plaintiffs, now appellants, for the appointment of plaintiff No. 1 as matwalli of a certain wakf estate or in the alternative, for the appointment of both the plaintiffs as matwallis.2. The facts, so far as they are material for present purposes, may be shortly stated.3. In the year 1304 B.S. one Molajim Hossain Khan made a disposition of all his properties for religious and pious purposes, and on the 12th Falgun 1304 executed a deed of wakf whereby he appointed himself as matwalli for his own lifetime and made provision for succession to the office after his death. His wife Mataharannessa Bibi was to succeed him as matwalli. On the 3rd Kartik 1309 B.S. Hossain Khan died, his wife having predeceased him on the 28th Bhadra of the same year. The wakfnama contained a provision to the following effect: 'In the absence of my two ...
Sreelal Mangtulal Vs. J.F. Madan
Court: Kolkata
Decided on: Jun-20-1924
Reported in: AIR1925Cal599,(1925)ILR52Cal100
Sanderson, C.J.1. This is an appeal by the defendants Sreelal Mangtulal from the judgment of my learned brother Mr. Justice C. C. Ghose, whereby he dismissed an application which was made by the defendants to set aside an award made by the learned Counsel Mr. N. N. Sircar on the 23rd of February 19242. The facts which it is necessary for me to state for the purpose of my judgment are as follows:---On the 16th of March 1921, one G. C. Bose borrowed from one Chaturbhuj Dossa a sum of Rs. 20,000 and he executed a promissory note and a memorandum and deposited with Chaturbhuj the title-deeds relating to a share in certain collieriRs.3. Subsequently Chaturbhuj endorsed the promissory note to J. F. Madan and handed over the title-deeds with the memorandum of deposit to J. F. Madan for valuable consideration.4. On the 12th of September 1922, G. C. Bose sold the said share in the collieries to the appellants. The conveyance purported to be free of encumbrances; the purchase money was Rs. 70,00...
Dina Nath Pati and ors. Vs. Upendra Nandan Das Mahapatra and ors.
Court: Kolkata
Decided on: Jun-19-1924
Reported in: AIR1924Cal1004
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 wore at that time living at their own bari at village Janki, some two or throe 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 pape...
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