Kolkata Court August 1924 Judgments
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Debendra Lal Panja and ors. Vs. Nilmoney Prodhan and ors.
Court: Kolkata
Decided on: Aug-25-1924
Reported in: 86Ind.Cas.865
Chakravarti, J.1. This is an appeal by the plaintiff and arises out of a suit Brought by him for recovery of arrears of rent in respect of 5 jamas which are described in the plaint. The First Court gave a decree and the lower Appellate Court has dismissed the suit. The plaintiff's case was that the land in suit appertained to the Bahali Niskar, Bahali 1668 B Register and C Register of the Collector of Midnapore that those lands were sold in execution of a certificate for arrears of road cess and that he purchased those lands in October 1915 and got his name registered in the Collectorate under the Land Registration Act and that the defendants held those lands at the rents mentioned by the plaintiff and that the plaintiff was, therefore, entitled to recover the rent due from the, defendants. The defence of the defendants was that there was no relationship of landlord and tenant between the plaintiff and the defendants and that one Nakari Meah and his co-sharers were really, the landlord...
Kandru Haldar Vs. Taraprasanna Roy Chowdhuri and ors.
Court: Kolkata
Decided on: Aug-25-1924
Reported in: 87Ind.Cas.355
1. The petitioner in this Rule was the defendant in a suit for rent. After several adjournments the suit was fixed for hearing on the 29th June. On that date it was again adjourned on both parties' prayer to the 26th July, and an order was recorded, 'issue process to the witnesses of defendant as prayed for.' The record shows that this order was a mistake. The defendant never asked for process on his witnesses on that date. What he asked was for an adjournment in order to enable him to bring his witnesses who were ill. On the 8th July, however, the defendant did file a petition asking for issue of summons on his wit- ' nesses. That petition was rejected by the Munsif as untimely filed. On the 26th July the second prayer for issue of process by the defendant was again rejected, and on the defendant's Pleader stating that he had no other instruction the suit was heard and decreed ex parte. The appeal to the District Judge failed on the ground that the Munsif was specially empowered under...
Brindaban Chandra Ghosh Vs. Damodar Prasad Panday
Court: Kolkata
Decided on: Aug-20-1924
Reported in: AIR1925Cal304
Walmsley, J.1. These are applications for review of a judgment delivered by us on 10th May, 1923. The facts of the suits are stilted in our judgment. It is convenient, however, to mention here that the plaintiffs were mortgagees and the defendants wore the sons of the mortgagor and governed by Mitakshara law: the lower Courts had decreed the suits in part, that is, to the extent that the principal secured by the mortgage corresponded with the debt due on a prior mortgage. The defendants as appellants urged that the prior mortgage was not an 'antecedent debt,' and they were not liable under the mortgages executed by their father in favour of the plaintiffs. We upheld that contention in the belief that the decision of their Lordships of the Privy Council in the case of Sahu Ram Chandra v. Bhup Singh A.I.R. 1917 P.C. 61 compelled us to do so.2. This application for review was presented on 4th August, and as I was away at the time it could not be dealt with until after the vacation. On 20t...
Abul Hasmat Ahamad Vs. Hrishikesh Das and ors.
Court: Kolkata
Decided on: Aug-20-1924
Reported in: AIR1925Cal1048
1. This appeal arises out of execution proceedings in connection with a mortgage-decree obtained by the respondent against the appellant and some others. It is necessary to narrate briefly the history of this litigation in order to appreciate the points which have been urged before us.2. The Defendant No. 1 mortgaged several items of property on the 14th June 1915 for a loan of Rs. 2,15,000. After the mortgage he made a gift of the residential house (one of the items of properties mortgaged) to his son, Defendant No. 2, who is the appellant in this appeal. He also created several mirasis in favour of Defendants Nos. 3 to 8. The plaintiff brought a suit on his mortgage against the original mortgagor, Defendant No. 1, and the other defendants as transferees from him since the mortgage. An application was made by the plaintiff in the suit for the appointment of a Receiver which was dismissed by the trial Court. An appeal was preferred to this Court against that order and at one stage of t...
AsiruddIn Mondol and ors. Vs. Ram Sakhi Debya and ors.
Court: Kolkata
Decided on: Aug-20-1924
Reported in: 86Ind.Cas.775
1. This appeal (Miscellaneous Appeal No. 158 of 1923) and the connected Rule (Rule No. 167 of 1923) arise out of proceedings in execution of a decree under the following circumstances.2. The decree-holders obtained a decree for money against the judgment-debtor in the Court of the Munsif, Second Court, Bogra on the 11th May 1910. After several applications for execution, the decree-holders finally made an application for execution of the decree in the Court of the Second Munsif on the 11th May 1922, praying for attachment and sale of certain immoveable property situate within the jurisdiction of the Munsif, Third Court, as assigned by the District Judge under Section 13, Clause (2) of the Civil Courts Act. On the same day the Munsif, Second Court held that he had no jurisdiction to entertain the application and directed it to be returned to the decree-holder for presentation to the proper Court within seven days. It is stated that this order was passed in Chambers and was shown to the ...
Moulvi Abul Hasmat Ahamad Vs. Hrishikesh Das and ors.
Court: Kolkata
Decided on: Aug-20-1924
Reported in: 85Ind.Cas.742
1. This appeal arises out of execution proceedings in connexion with a mortgage-decree obtained by the respondent against the appellant and some others. It is necessary to narrate briefly the history of this litigation in order to appreciate the points which have been urged before us.2. The defendant No. 1 mortgaged several items of property on the 14th June 1915 for a loan of Rs. 2,15,000. After the mortgage he made a gift of the residential house (one of the items of properties mortgaged) to his son defendant No. 2 who is the appellant in this appeal. He also created several mirases in favour of defendants Nos. 3 to 8. The plaintiff brought a suit on his mortgage against the original mortgagor defendant No. 1 and the other defendants, as transferees from him since the mortgage. An application was made by the plaintiff in the suit for the appointment of a Receiver which was dismissed by the Trial Court. An appeal was preferred to this Court against that order and at one stage of the a...
Secretary of State Vs. Kali Narayan Roy Choudhury
Court: Kolkata
Decided on: Aug-19-1924
Reported in: AIR1925Cal273,85Ind.Cas.211
1. This is an appeal by the Secretary of State for India in Council against the decision of the Additional District Judge of Dacca, affirming the decision of the Subordinate Judge, 5th Court. Dacca. The suit arises out of certain resumption proceedings by which certain lands in the possession of the plaintiff was assessed to revenue. Both the Courts have held that these lands are not liable to such assessment and the plaintiff has been given a decree declaring his title to the land in suit. His title is declared in respect of some of these lands to be in taluki right, in respect of other lands to be by right of accretion. In the view we take it is not necessary to discuss at length the facts of the case.2. The main facts as found are these:- The plaintiff is the proprietor of Mouzahs Mastul and Bailjuri. At the time of the Permanent Settlement the lands in suit were asli lands and were assessed to revenue. Some time after the Permanent Settlement but before the Thak Survey the river Dh...
Subodh Chandra Roy Choudhuri Vs. King-emperor
Court: Kolkata
Decided on: Aug-19-1924
Reported in: AIR1925Cal278,85Ind.Cas.913
Walmsley, J.1. This Rule was obtained under Section 491 of the Code of Criminal Procedure.2. The circumstances are as follows:Subodh Chandra Ray Choudhuri, a servant of the Jodhpur State, was arrested by the Calcutta Police without a warrant on August 11th. He was produced before the Deputy Commissioner on August 13th when an application for bail was practically refused, for the sum demanded was prohibitive.3. It appears that the Calcutta Police received two telegrams on or about August 11th, the first, in addition to personal description said 'wanted for embezzlement.' The second, in addition to suggestions about possible movements, said 'embezzlement of money to the value of a couple of lakhs of rupees.' This was all the information which the Calcutta Police had when they arrested the man, and the search of his house yielded nothing. Both these telegrams were sent by 'Police', without further specification.4. Since the arrest, and in answer to a telegram from Calcutta, telegrams have...
Aniruddha Mana and ors. Vs. Emperor
Court: Kolkata
Decided on: Aug-19-1924
Reported in: AIR1925Cal913
Walmsley, J.1. The appellants are four brothers Anirudha Mana; Madchab Mana, Gopal Mana and Gobinda Mana. They were all found guilty under Section 147 and under Section 304 (second part) read with Section 34, Indian Penal Code and each of them was sentenced to undergo two years' rigorous imprisonment on the first count and ten years' rigorous imprisonment on the second count, the sentences to run concurrently.2. The story told for the prosecution was this. On 28th November the complainant Baikanta went to out paddy grown by him on a plot of land which his father had bought many years previously from the aunt of the appellants. He had with him, ten labourers. The appellants and others interfered and when he persisted in cutting the paddy, they assaulted him and the labourers. The result of the assault was that three of the labourers Jitu Das, Kailash Pradhan and Naba Jana received Injuries which proved fatal.3. The charges framed against the accused by the committing Magistrate were und...
Subodh Chandra Roy Chowdhry Vs. Emperor
Court: Kolkata
Decided on: Aug-19-1924
Reported in: (1925)ILR52Cal319
Walmsley, J.1. This Rule was obtained under Section 191 of the Code of Criminal Procedure.2. The circumstances are as follows: Subodh Chandra Roy Chowdhry, a servant of the Jodhpur State, was arrested by the Calcutta Police without a warrant on August 11th. He was produced before the Deputy Commissioner on August 13th, when an application for bail was practically refused, for the sum demanded was prohibitive.3. It appears that the Calcutta Police received two telegrams on or about August 11th. The first, in addition to personal description, said 'wanted for embezzlement.' The second, in addition to suggestions about possible movements, said 'embezzlement of money to the value of a couple of lakhs of rupees.' This was all the information which the Calcutta Police had when they arrested the man, and the search of his house yielded nothing. Both these telegrams were sent by 'Police' without further specification.4. Since the arrest, and in answer to a telegram from Calcutta, telegrams hav...
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