Kolkata Court July 1924 Judgments
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Joyram Chandra Lahiri and ors. Vs. Bisnu Charan Biswas
Court: Kolkata
Decided on: Jul-17-1924
Reported in: AIR1925Cal805,85Ind.Cas.781
1. This appeal arises out of a suit to recover rent in respect of a holding consisting of 15 bighas on a jama of Rs. 12-5-4 3/4 p. for the years 1323 to 1326. The defendant is an auction-purchaser in a rent sale which was held in 1916. His case is that, as a matter of fact, he did not get possession of one plot of land purchased in execution of the rent decree measuring about 12 cottahs and 11 chitaks as the landlord who brought the holding to sale had, on the 2nd September 1907, leased out that plot, which was originally a part of the holding, the subject of the rent sale to one Chandra Kanta. The learned Subordinate Judge affirming the decision of the Munsiff has dismissed the suit on the ground that as the landlord had dispossessed the tenant or rather has not given the tenant an opportunity of getting in possession of a part of the holding by leasing a part of it to Chandra Kanta the whole rent is suspended.2. In appeal the only question urged before us on behalf of the appellants ...
Nayan Ullah and ors. Vs. Emperor
Court: Kolkata
Decided on: Jul-17-1924
Reported in: AIR1925Cal903,85Ind.Cas.818
1. The eleven appellants before us and two others were tried before the learned Additional Sessions Judge of Sylhet and a Jury on various charges arising out of a riot in the course of which one Kabir Ulla was killed. The first appellant Nayan Ulla was charged with offences of rioting, rioting armed with a deadly weapon and with culpable homicide not amounting to murder by causing the death of Kabir Ulla. The 11th appellant Kedar Nath Chowdhury was charged with the offence of commuting riot and for being liable for culpable homicide committed by Nayan Ullah under the provisions of Section 149, Indian Penal Code, and also for being liable for the same culpable homicide by reason of the provisions of Section 150 of the Code. The other accused were charged with rioting and also for being liable for the culpable homicide committed by a member of that unlawful 'assembly by reason of Section 149, Indian Penal Code. Two of the accused were acquitted. Nayan Ullah was convicted on the unanimous...
Prasanna Kumar Ray and ors. Vs. Kumar Arun Chandra Singha Bahadur and ...
Court: Kolkata
Decided on: Jul-17-1924
Reported in: 85Ind.Cas.693
Ewart Greaves, J.1. These appeals are appeals by the tenants in suits by their landlord, under the provisions of Section 105 of the Bengal Tenancy Act, claiming additional rent in respect of additional area. The Assistant Settlement Officer in the First Court decreed the suits and held that for measuring the additional lands a pole or nal of 16 cubits should be employed, the landlord appealed against the decisions of the Assistant-Settlement Officer in so far as he decided that the pole or nal to be employed for measurement should be a pole or nal of 16 cubits. The landlord's contention. was that according to the true construction to be placed upon the dowl in the various suits the pole or nal to be employed was one of 14 cubits and the Special Judge who heard the appeals has agreed with this contention. These appeals are directed against this decision and this is the only point which arises in these appeals. The Special Judge disposed of all these appeals by reference to a judgment wh...
Jogendra Nath Roy and anr. Vs. N. Murtaza Begum
Court: Kolkata
Decided on: Jul-16-1924
Reported in: AIR1925Cal268
1. The only question raised in this appeal is whether the appellants, the mortgagees, are not entitled to interest at the contract rate during the time the suit has been pending. There is no doubt that the mortgagees are entitled to interest at the contract rate until the date fixed for payment and thereafter at such rate which the Court may allow. The learned Subordinate Judge has allowed interest at the contract rate upon the principal amount, but has allowed interest at the rate of six per cent. per annum from the date of suit till the expiration of the period of grace.2. The learned Vakil for the respondent has contended that the Subordinate Judge had the power to allow interest at a lesser rate than that agreed upon, under the provisions of Section 3 of the Usurious Loans Act. Section 3 of that Act lays down the circumstances under which the Court has power to interfere with the contract rate of interest. The Court below has not stated any reasons in its judgment as to why it did ...
G.M. Falkner, Official Assignee, High Court Vs. Mirza Mahammad Syed Al ...
Court: Kolkata
Decided on: Jul-16-1924
Reported in: AIR1925Cal814,86Ind.Cas.853
1. This Rule was issued at the instance of defendant No. 1 in a suit pending in the Court of the Munsif, First Court at Alipur. The Rule is in these terms: 'Let a Rule issue calling upon the opposite party to show cause why the suit complained of in the petition should not be dismissed on the grounds stated therein.' The facts are that the opposite party has brought a suit in the Court of the Munsif on the allegation that the property in dispute was included in the wakf created by Prince Kumar Kadar Mirza (father of the plaintiff), that the plaintiff is the mutwalli of that wakf, that one Saheba Khatun was the benamidar of the said Prince Kumar Kadar the property having been purchased in her name and that she wrongfully sold it to one Suprasanna Roy Choudhuri who was subsequently declared an insolvent and his properties became vested in defendant No. 1, the Official Assignee. The plaintiff prays in the suit that it may be declared that the property in dispute is one of the wakf propert...
Jogendra Nath Roy and anr. Vs. Nawab Murtaza Begum
Court: Kolkata
Decided on: Jul-16-1924
Reported in: 85Ind.Cas.218
1. The only question raised in this appeal is whether the appellants, the mortgagees, are not entitled to interest at the contract rate during the time the suit has been pending. There is no doubt that the mortgagees are entitled to interest at the contract rate until the date fixed for payment and thereafter at such rate which the Court may allow. The learned Subordinate Judge has allowed interest at the contract rate upon the principal amount, but has allowed interest at the rate of six per cent, per annum from the date of suit till the expiration of the period of grace.2. The learned Vakil for the respondent has contended that the Subordinate Judge had the power to allow interest at a lesser rate than that agreed upon under the provisions of Section 3 of the Usurious Loans Act. Section 3 of that Act lays down the circumstances under which the Court has power to interfere with the contract rate of interest. The Court below has not stated any reasons in its judgment as to why it did n...
Arjun Das Nariram Agarwalla Firm Vs. the Secretary of State
Court: Kolkata
Decided on: Jul-15-1924
Reported in: AIR1925Cal737
1. This was a suit by the plaintiff against the Secretary of State for India as owner of the Eastern Bengal Railway for damages for late delivery of a bale of cloth. The case for the plaintiff is that he booked 9 bales of cloth on 21s6 September, 1918, at the Armenian Ghat Station of the Eastern Bengal Railway in Calcutta for despatch to Kushtia. He also booked 6 bales on the 24th September, 1918, at the same station for Kushtia. The consignment of 9 bales reached Kushtia on the 24th September and plaintiff took delivery of them on giving a clear receipt, but he subsequently discovered that one of the bales he had taken delivery of was a bale booked by one Ramdeo Mahadeo on the same date at the Armenian Ghat Station for one Bhagaban Das at Kushtia the plaintiff made over that bale wrongly delivered to him to Bhagwan Das and complained to the goods clerk at Kushtia that he had not received one of the 9 bales consigned by him on the 21st September. On the 28th October, 1918, the plaintif...
Sujjad Ahammad Chowdhuri and anr. Vs. Sachindranath Roy and ors.
Court: Kolkata
Decided on: Jul-15-1924
Reported in: AIR1925Cal1052,85Ind.Cas.1012
1. This appeal is by the plaintiffs against the decree of the District Judge of Murshidabad affirming the decree of the Munsif of Jangipur dismissing the plaintiffs' suit for recovery of possession, or in the alternative for assessment of rent. The facts are that the plaintiffs and the defendants are landlords of contiguous mouzahs. There was a dispute between them with regard to the boundary between the two mouzahs. There was a purvey under the Bengal Survey Act, 1875, in 1914, which fixed the boundary line between the two mouzahs. The tank which is the subject-matter of the present suit was found to be within mouzah, Lal-pore belonging to the plaintiffs. In the Record-of-Rights which was published in 1916, this tank was recorded as belonging to the plaintiffs' Mouzah, Lalpore, but in the possession of the defendants who held it without payment of rent; but it was subject to assessment or rent. Thereafter the plaintiffs brought the present suit for correction of the Record-of-Rights a...
Firm Arjundas-hariram Agarwalla Vs. the Secretary of State for India i ...
Court: Kolkata
Decided on: Jul-15-1924
Reported in: 85Ind.Cas.786
1. This was a suit by the plaintiff against the Secretary of State for India as owner of the Eastern Bengal Railway for damages for late delivery of a. hale of cloth. The case for the plaintiff is that he booked 9 bales of cloth on 21st September 1918 at the Armenian Ghat Station of the Eastern Bengal Railway in Calcutta for despatch to Kushtia. He also booked 6 bales on the 24th September 1918 at the same station for Kushtia. The consignment of 9 bales reached Kushtia on the 24th September and plaintiff took delivery of them on giving a clear receipt, but he subsequently discovered that one of the bales he had taken delivery was a bale booked by one Ramdeo Mahadeo on the same date at the Armenian Ghat Station for one Bhagawan Das at Kushtia. The plaintiff made over that bale wrongly delivered to him to Bhagwan Das and complained to the Goods Clerk at Kushtia that he had not received one of the 9 bales consigned by him on the 21st September. On the 28th October 1918, the plaintiff sent...
Moyez Sardar and ors. Vs. Emperor
Court: Kolkata
Decided on: Jul-11-1924
Reported in: AIR1925Cal406,84Ind.Cas.712
1. The six appellants Moyez Sardar, Fakira Pramanik, Fakaruddin Fakir, Jafar Pramanik, Lal Mahammud Shaikh and Misir Sheikh were tried along with two other persons named Nasir Mondal and Kefayetulla Mondal by the Sessions Judge of Pabna and Bogra with the assistance of a jury on a charge under Section 395, Indian Penal Code. The jury returned a unanimous verdict of not guilty as regards Nasir and Kefayetulla and guilty as regards the remaining six. The learned Judge agreeing with and accepting the verdict of the jury so far Nasir and Kefayetulla were concerned acquitted them. So far as the appellants Nos. 5 and 6 were concerned the learned Judge agreed with and accepted the verdict of the jury and convicted them under Section 395, Indian Penal Code and sentenced them each to undergo rigorous imprisonment for 5 years. As regards the appellants Nos. 1 to 4 the learned Judge did not think it necessary to express any disagreement with the verdict and accepting the same convicted them under...
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