Kolkata Court July 1924 Judgments
Bhupendra Nath Laskar and anr. Vs. Rai Charan Purkait
Court: Kolkata
Decided on: Jul-31-1924
Reported in: AIR1925Cal779,85Ind.Cas.529
Suhrawardy, J.1. The plaintiff-respondent brought a suit for confirmation of possession on declaration of his title to the land in suit and for cancellation of the defendant's auction-purchase. The facts are that the property in suit is a nontransferable occupancy holding held by Haripada Haldar and Bistupada Haldar under defendants Nos. 3 to 6 On the 20th February 1917, the plaintiff purchased this holding from the Haldars by a private sale. The landlords brought a suit for rent against the original tenant and the holding was eventually sold on the 27th November 1917 and purchased by the present appellants who are defendants Nos. 1 and 2. On the 17th January 1918, the plaintiff filed an application under Order 21, Rule 90 to have the same set aside. On the 9th March this application of the plaintiff was dismissed for default and the sale was confirmed. On the 18th March 19l8, the plaintiff applied under Order 9, Rule 5 for the revival of this application under Order 21, Rule 90. On th...
Tag this Judgment!Sheikh Abdul and ors. Vs. Emperor
Court: Kolkata
Decided on: Jul-31-1924
Reported in: AIR1925Cal887,84Ind.Cas.708
Mukerji, J.1. Appeal No. 165 is by three parsons, Sheik Abdul, Nosim alias Nosai and Hazir Ali. Appeal No. 182 is by six persons, Jabadali, Rashid Ali, Isabali, Arjan, Hajan, Sheik Mashu and Abdul Manaf. They have all bean convicted under Section 395, Indian Penal Code, and sentenced to various terms of imprisonment on a trial held by the Additional Sessions Judge of Sylhet with the aid of Jury who unanimously found all of them guilty.2. Three out of the nine appellant?, namely, Sheikh Abdul, Nasim and Abdul Manaf made confessions which were recorded by Moulvi Mahamad Choudhuri, then second officer of Karimganj. They subsequently retracted the said confessions alleging that they had made them on account of torture and inducement by She Police. The learned Judge admitted these confessions in evidence and having pointed out to the Jury the various facts and circumstances upon which he held that the grounds alleged in the retractions are not true and also having placed before them the evi...
Tag this Judgment!Surendra Nath Bandopadhya and ors. Vs. Jabed Ali Talukdar and ors.
Court: Kolkata
Decided on: Jul-31-1924
Reported in: 85Ind.Cas.747
B.B. Ghose, J.1. This is an appeal by the plaintiffs and it arises out of a suit for rent with regard to a howla which is situated within a taluk under a zemindari. The defendants Nos. 1 and 2 are tenants of the howla. But the real question in dispute is between the plaintiffs and the defendant No. 9 as to the title to the superior taluki interest which the plaintiffs claim. The Court of first instance passed a decree in favour of the plaintiffs. On appeal by the defendants Nos. 1, 2 and 9 the decision of the Munsif, was reversed by the Subordinate Judge and the suit has been dismissed. The plaintiffs appeal to this Court, and their contention is that, on the facts found, the plaintiffs are entitled to the rent claimed from the defendants Nos. 1 and 2 and the defendant No. 9 has not acquired the superior title in the taluks of the plaintiffs by virtue of his purchase of the taluki interest.2. The facts stand thus: There was a taluk called, Abdul Kasim the owner of which was one Akimann...
Tag this Judgment!Shiekh Abdul and ors. Vs. Emperor
Court: Kolkata
Decided on: Jul-31-1924
Reported in: 85Ind.Cas.830
Mukerji, J.1. Appeal No. 165 is by three persons, Sheikh Abdul, Nosim alias Nosai and Hazir Ali. Appeal No. 182 is by six persons. Jabedali, Eashid Ali, Isabali, Arjan Hajan, Sheikh Mashu and Abdul Manaf. They have all been convicted under Section 395, Indian Penal Code, and sentenced to various terms of imprisonment on a trial held by the Additional Sessions Judge of Sylhet with the aid of a Jury who unanimously found all of them guilty. Three out of the nine appellants, namely, Sheikh Abdul, Nasim and Abdul Manaf made confessions which were recorded by Moulvi Mahamed Chowdhuri, then second officer of Karimganj. They subsequently retracted the said confessions alleging that they had made them on account of torture and inducement by the Police. The learned Judge admitted these confessions in evidence and having pointed out to the Jury the various facts and circumstances upon which he held that the grounds alleged in the retractions are not true and also, having placed before them the e...
Tag this Judgment!Abdul Halim and anr. Vs. Abdul Gafur and ors.
Court: Kolkata
Decided on: Jul-30-1924
Reported in: AIR1928Cal249a
1. This is an appeal from the District Judge of Tipperah who confirmed an order of the Subordinate Judge of Comilla. The point that arises in the appeal is whether the learned Judge in the Court below was right in the conclusion to which he came : that there could be a valid reference to arbitration in a suit unless all the parties to the suit joined in asking for the reference. The learned District Judge has held that there could be a valid reference to arbitration without all the parties to the suit agreeing to the reference. In our opinion this decision is clearly wrong as Section 1, Schedule 2, Civil P.C., by virtue of which a reference of matter in dispute in a suit can be made, expressly provides for all the parties to the suit agreeing to the reference.2. The result is that the decision of the District Judge is, as already stated, wrong as also the decision of the Subordinate Judge which it affirms. In our opinion there was no valid reference to arbitration and the appeal must s...
Tag this Judgment!Sreedhar Chaudhury Vs. Nilmoni Chaudhury and ors.
Court: Kolkata
Decided on: Jul-30-1924
Reported in: AIR1925Cal681
C.C. Ghose, J.1. This is an application on behalf of Messrs. Mugneeram Banger & Co. and Harsokdas Balkissendas for an order (1) that an enquiry may be made as to whether the applicants have any and what interest in the collieries taken possession of by Mr. R.N. Mitter, the receiver appointed in this suit, (2) for a direction on the receiver to pay rents and receipts from the said collieries to the applicants or for such other direction as to this Court may seem fit and proper, (3) that the said receiver do give up possession of the said collieries, (4) for a direction on the receiver to stop the monthly payment of Rs. 500 to himself and Rs. 500 for establishment charges and Rs. 3,000 to Sreedhar Chaudhury and Nilmoni Chaudhury out of any income of the collieries mortgaged to the applicants and making any payments out of the income of the mortgaged collieries to the creditors of Chaudhury & Co., and Sreedhur Chaudhury, and (5) for such other orders as to this Court may seem fit.2. The f...
Tag this Judgment!Kasem Sheik and ors. Vs. Tarakeswar Dutta and anr.
Court: Kolkata
Decided on: Jul-30-1924
Reported in: AIR1925Cal1065,85Ind.Cas.793
1. This is an appeal from a suit brought by the plaintiffs-respondents for enforcement of the terms of an agreement embodied in a registered agreement and a kabuliyat executed by the parties on the :24th Aswin 1319. By this contract the plaintiffs leased out a certain jama to the defendant as kaimi at the rate of Rs. 2 per bigha. In the agreement executed by the defendant in favour of the plaintiff, there is a clause that if the plaintiffs returned to the defendants a sum of Rs. 300 which the defendants had paid to the plaintiff as premium on account of the lease, the defendants would vacate the land in their favour. The plaintiffs' case is that they offered this sum of money to the defendant several times but he refused to accept it, and, therefore, on the terms of the agreement between the parties they brought this suit to enforce the contract embodied in this agreement. The Court of first instance found for the defendant and dismissed the suit holding that the agreement and the kabu...
Tag this Judgment!Shib Chandra Talukdar and ors. Vs. Lakhi Priya Guha and ors.
Court: Kolkata
Decided on: Jul-29-1924
Reported in: AIR1925Cal427,85Ind.Cas.123,85Ind.Cas.123
Suhrawardy, J.1. The plaintiffs-appellants brought a suit against the defendants for arrears of rent for the years 1321 to 1324 on the basis of a pottah, dated the 3rd Sraban, 1301. The property in respect of which rent was claimed consisted of 25 kittas of lands. Defendants Nos. 3 and 4 only appeared and contended inter alia that they held a separate 4 annas hissya in the 25 kittas and paid rent to the plaintiffs according to their share. They further denied their liability for the entire rent and claimed that a decree in respect of their 4 annas share should be passed against them. The learned Munsif before whom the suit was brought give a decree to the plaintiffs overruling all the objections of the defendants. The Subordinate Judge of Backergunj on appeal found against the plaintiffs on some points. He, first, found that the pottah created a tenure not of a composite holding but of several kittas of which the land was comprised. He next found that there was Kharij of the 4 annas hi...
Tag this Judgment!Dwijadas Chakravarthy and anr. Vs. Dearish and ors.
Court: Kolkata
Decided on: Jul-29-1924
Reported in: AIR1925Cal1025
B.B. Ghose, J.1. This appeal turns upon the question whether the presumption under Section 50(2) arises in favour of the tenants. The Sub-section (2) runs thus: ' If it is proved in any suit or other proceeding under this Act that either a tenure-holder or raiyat and his predecessors-in- interest have held at a rent or rate of rent which has not been changed during the twenty years immediately before the institutino of the suit or proceeding it shall be presumed, until the contrary is shown, that they have held at that rent or rate of rent from the time of the Permanent Settlement.' It was found by the Court of first instance that the rate of rent was changed on more than one occasion. On appeal by the tenants the learned Special Judge held that there was no reliable evidence of any alteration in the rate of rent previous to the year 1292 B.S. The plaintiffs' contention was with reference to the circumstances after 1292 B.S. that the rate of rent was increased by one pice per kani and,...
Tag this Judgment!Dwijadas Chakravarty and anr. Vs. Dearish and ors.
Court: Kolkata
Decided on: Jul-29-1924
Reported in: 86Ind.Cas.587
B.B. Ghose, J.1. This appeal turns upon the question whether the presumption under Section 50(2) arises in favour of the tenants. The Sub-section (2) runs thus: 'If it is proved in any suit or other proceeding under this Act that either a tenure-holder or raiyat and his predecessors-in-interest have held at a rent or rate of rent which has not been changed during the twenty years immediately before the institution of the suit or proceeding, it shall be presumed, until the contrary is shown, that they have held at that rent or rate of rent from the time of the Permanent Settlement'. It was found by the Court of first instance that the rate of rent was changed in more than one occasion. On appeal by the tenants the learned Special Judge held that there was no reliable evidence of any alteration in the rate of rent previous to the year 1292 B.S. The plaintiffs' contention was with reference to the circumstances after 1292 B.S. that the rate of rent was increased by one pice per kani and, ...
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