Kolkata Court July 1924 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Promotho Nath Mukerji and ors. Vs. Anukul Chandra Banerjee
Court: Kolkata
Decided on: Jul-21-1924
Reported in: AIR1925Cal225
1. This appeal has been argued at great length and with great ability and earnestness on both sides, but we do not regret the time occupied as the arguments at the Bar have been of great assistance to us.2. The facts which have given rise to She present case and several previous cases are that plaintiff's mother's father, Ram Kamal Mukherji, who died on the 1st August, 1845, shortly before his death, viz., on the 4th February, 1845, executed a Will by which, after providing for various annuities and legacies, he made a gift of certain valuable properties to an idol Sri Sri Gopal Jiu and appointed his wife Barada Sundari Devi and his three brothers Ram Kumar, Madhusudan and Chandra Mohan Mukherji shebaits of the endowments. As to future shebaits he made the following provision:When you all have ceased to be, he who shall be of the Hindu persuasion and senior in age amongst your legal heirs shall have the management conferred upon him.3. We do not refer here to other provisions of the Wi...
The East Indian Railway Co. Ltd. Vs. Ram Chabila Prasad
Court: Kolkata
Decided on: Jul-21-1924
Reported in: AIR1925Cal915
Chotzner, J.1. The suit out of which this Rule has arisen is one instituted by the plaintiff, opposite party for the sum of Rs. 279-0-0 for damages for non-delivery of goods, namely, a bale of cloth which had been booked from Howrah to Kulti. The consignor was a firm of the name of Kanti Lal Mohan Lal in whose name the receipt was given and it was endorsed in favour of the plaintiff.2. The plaintiff's case was that the defendant Company were negligent in looking after the property with the result that the goods were stolen and consequently never delivered to him. He further alleged that he had executed no risk-note in the form 'B' and even if any such form was executed it was done without proper authority.3. In their written statement the Company admitted the loss but pleaded that it was not due to any misconduct or neglect on the part of their servants and further that in view of the fact that the bale was booked under risk note 'B' they were absolved from any liability.4. The learned...
Azizannessa and ors. Vs. Dwarika Prosad Boral and ors.
Court: Kolkata
Decided on: Jul-21-1924
Reported in: AIR1925Cal1227
1. These six Rules have been obtained in regard to the decree of the learned District Judge of Dinajpore hisposing, in appeal, of six applications to dave that number of sales vacated.2. The learned Munsif allowed the applications and set aside the sales. The learned District Judge reversed those findings and held that the sales were good. The decree-holder is the Opposite Party No. 1 in the Rule, and the auction-purchaser the Opposite Party No. 2, while Opposite Parties Nos. 3 and 4 are some of the tenants, who executed a mortgage in favour of the auction-purchaser and have settled their dispute with him under a compromise in the execution proceedings.3. The sales were under the Bengal Tenancy Act and were held on the 10th June 1922. On the 3rd December 1932 the possession of the property sold was delivered to the auction-purchaser. On the 2nd January 1923 six applications were filed to set aside the sales. In these applications two grounds were taken. The first was under Order 21, Ru...
The East Indian Railway Company, Limited Vs. Ram Chabila Prosad
Court: Kolkata
Decided on: Jul-21-1924
Reported in: 86Ind.Cas.558
Chotzner, J.1. The suit out of which this Rule has arisen is one instituted by the plaintiff opposite party for the sum of Rs. 270 for damages for non-delivery of goods, namely, a bale of cloth which had been booked from Howrah to Kulti. The consignor was a Firm of the name of Kanti Lal Mohan Lal in whose name the receipt was given and it was endorsed in favour of the plaintiff.2. The plaintiffs case was that the defendant Company were negligent in looking after the property with the result that the goods were stolen and consequently never delivered to him. He further alleged that he had executed no Risk Note in the Form 'B' and even if any such form was executed it was done without proper authority.3. In their written statement the Company admitted the loss but pleaded that it was not due to any misconduct or neglect on the part of their servant and further that in view of the fact that the bale was booked under Risk Note 'B' they were absolved from any liability. 4. The learned Subor...
Pramatha Nath Mukherjee and ors. Vs. Anukul Chandra Banerjee and Joges ...
Court: Kolkata
Decided on: Jul-21-1924
Reported in: 85Ind.Cas.875
ORDEREDThat the plaintiff's claim to get the estate of her deceased father Ram Kamal Mukherjee by right of inheritance be dismissed, as well as her claim, to be the sole preferential shebait of Gopal Jin: Thakur. It is hereby further ordered, that the entire property of Ram Kamal, deceased having absolutely passed to and been vested in the said Thakur, 'plaintiff's claim' to a partition of that estate be also dismissed. It is further declared' that the heirs and descendants of the five brothers, namely, Ram Kamal Mukherjee and of his four brothers, Ram Kumar Mookerjee, Madhu Sudhan Mukherjee, Chunder Mohan Mukherjee and Dina Nath Mukherjee who are by Hindu Law entitled to maintenance from the said five persons shall be entitled to participate in the daily prosad of Gopal Jiu Thakur as well as to reside in the Kidderpore dwelling-house. It is further declared,' that the expenses of the religious portion only of the ceremonies of sradh of the parents of the aforesaid persons, of the marr...
Nagendra Lal Chaudhuri Vs. Ashraf Ali Chaudhury
Court: Kolkata
Decided on: Jul-19-1924
Reported in: AIR1925Cal212,84Ind.Cas.741
1. This appeal is against an order of the District Judge by which he held that no appeal lay to him under Section 47 of the Code of Civil Procedure and that the objection raised by the judgment-debtor fell within the provisions of Order 21, Rule 58 of the Code of Civil Procedure.2. It is contended by the learned vakil on behalf of the appellant that the view taken by the District Judge is erroneous. It has however been pointed out by the learned vakil on behalf of the respondent that the appeal to the District Judge was incompetent as the decree originally passed in the suit was for Rs. 9,000 odd. It appears that a sum of Rs. 8,000 odd had been paid and that the balance due under the decree together with interest thereon was about Rs. 2,033. But the decree having been passed originally for Rs. 9,000 the appeal lay to this Court and not to the District Judge. That appears to be so. The appeal to the District Judge was incompetent; It must be preferred to this Court, and unless that is d...
R. Dorice Vs. O.R. Stanislaw
Court: Kolkata
Decided on: Jul-18-1924
Reported in: AIR1928Cal248
1. The petitioner in this case has been convicted of adultery and sentenced to rigorous imprisonment for one month and to pay a fine of Rs. 100 with a further one month's rigorous imprisonment in default of payment.2. The case against the petitioner rested on oral and documentary evidence. As regards the oral evidence the learned Chief Presidency Magistrate remarks:As foe the witnesses examined it must be admitted that on their evidence alone it would be difficult to found a conviction.3. Then from his judgment it appears that the documentary evidence which had most influence on his decision was a letter Ex. 2. This letter admittedly was written by the complainant's wife. From the terms of that letter it appears that she was writing most affectionately to the accused, and if the letter was really a piece of genuine correspondence between them it would go very far to support a charge of adultery. It appears, however, that this letter was received by the complainant from an anonymous cor...
Chhakari Shaik Vs. Emperor
Court: Kolkata
Decided on: Jul-18-1924
Reported in: 85Ind.Cas.711
Mukerji, J.1. The appellant, Chhakari Sheikh, has been convicted under Sections 1-17 and 324/149, Indian Penal Code, by the Additional Sessions Judge of Khulna in agreement with the verdict of the majority of the Jury, the Jury being divided in the proportion of 5 to 4, and sentenced under Section 324/149, Indian Penal Code, to undergo rigorous imprisonment for 3 years. There was a further charge for an offence under Section 302/149, Indian Penal Code, in respect of which the Jury unanimously found him not guilty and the learned Additional Sessions judge has acquitted him of that charge.2. The three charges aforesaid ran as follows:First.--That you on or about the 4th day of June at Banisanta Abad committed rioting as a member of an unlawful assembly with the common object of enforcing a supposed right over the lands of Biraj, tenant of Purna Mandal by driving away Srimanta, Biraj and others with force and thereby committed an offence under Section 147, Indian Penal Code.Second.--That....
Bishnu Chandra Sen and ors. Vs. Behari Lal Pradhan
Court: Kolkata
Decided on: Jul-17-1924
Reported in: AIR1928Cal279
1. This appeal arises out of an ejectment suit which was brought by six plaintiffs against the defendant after service of notice to quit. The defendant was holding the land under a kabulyat dated Aswin 1312, which was one for a lease from year to year. He took lease of the tank for the purpose of rearing fish therein undertaking not to cut trees standing on the banks or to do any act prejudicial to the tank. The plaintiff's case was that the defendant had cut down and appropriated some trees on the bank, and had allowed weeds and mars to grow on the water rendering it unfit for human consumption. The plaintiffs thereupon served a notice to quit upon the defendant putting an end to the tenancy which the defendant had by his conduct forfeited. The trial Court dismissed the suit on the ground that the plaintiffs had failed to prove that as a mutter of fact the defendant was guilty of any act injurious to the tank. The plaintiffs appealed against the decree of the Munsif, and the appeal wa...
Abdul Rezaak and ors. Vs. Emperor
Court: Kolkata
Decided on: Jul-17-1924
Reported in: AIR1928Cal269
1. The appellants who are fifteen in number were tried by the Additional Sessions Judge of Tippera with the aid of a jury. The jury unanimously found all the appellants guilty under Section 147, I.P.C., and one of them, viz., appellant 6, guilty also under Section 323, I.P.C. The learned Judge accepting the verdict of the jury convicted these appellants under Section 147, I.P.C. and sentenced each of them to undergo rigorous imprisonment for nine months. He also convicted appellant 6 under Section 323, I.P.C., and sentenced him to undergo rigorous imprisonment for six months, this sentence to run concurrently with that passed under Section 147, I.P.C.2. The learned Judge in charging the jury at the close of the case did not sum up the evidence that was adduced in this, case. He observed that the evidence had been summarized against each accused at great length by both sides and he therefore left it to the jury to consider upon the lines which he had indicated what conclusion they shoul...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- Next ›
- Last »