Kolkata Court February 1925 Judgments
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Nayan Tara Dasi Vs. Sambhu Nath Midhya
Court: Kolkata
Decided on: Feb-23-1925
Reported in: (1925)ILR52Cal662
Suhrawardy and Duval, JJ.1. This appeal arises out of an insolvency proceeding before the District Judge of Midnapore. The appellants are some of the claimants who complain that the learned District Judge has neither enquired into their claims nor passed proper orders under the law. It is not necessary to go into the claims set up by them as prima facie they are based on some documents produced by them. The Receiver appointed in the case submitted a report in which he stated that as the insolvent was in possession of the properties he thought that they belonged to him. The learned District Judge did not take any evidence on the question of title raised by the claimants though an affidavit was filed in support of the claim. After hearing the pleaders of the parties he passed the following order: 'Creditor No. 1 urges that as the investigation of the various claims made by persons who are nearly related to the insolvent wilt mean the trial of so many title suits, it would be preferable n...
Nayan Tara Dasi and ors. Vs. Sambhu Nath Midhya
Court: Kolkata
Decided on: Feb-23-1925
Reported in: AIR1925Cal932
1. This appeal arises out of insolvency proceeding before the District Judge of Midnapore. The appellants are some of the claimants who complain that She learned District Judge has neither enquired into their claims nor passed proper orders under the law. It Is not necessary to go into the claims set up by them as prima facie they are used on some documents produced by them. The Receiver appointed in the case submitted a report in which he stated that as the insolvent was in possession of the properties he thought that they belonged to him. The learned District Judge did not take any evidence on the question of title raised by the claim-ants though an affidavit was filed in support of the claim. After hearing the pleaders of the parties he passed the following order: 'Creditor No. 1 urges that as the investigation of the various claims made by persons who are nearly related to the insolvent) will mean the trial of so many title suits, it would be preferable not to disturb my predecesso...
Shaikh Taleb Ali Vs. Shaikh Abdul Razack and anr.
Court: Kolkata
Decided on: Feb-19-1925
Reported in: AIR1925Cal748
Suhrawardy, J.1. This appeal arises out of a suit for rent for the years 1326 -to 1328. The defendants denied the relationship of landlord and tenant between the plaintiffs and themselves and set up their own title. They succeeded in the first Court but the learned Additional District Judge of Midnapore decreed the plaintiffs' suit. The present appeal is by the defendants and four points have been urged by the learned Advocate appearing on their behalf.2. The property in suit, it appears, belonged to one Kirtibash Maity, who had in his keeping a woman of the name of Saraswati Devi. He executed a deed of gift of the property in suit in favour of his mistress in 1915. He left two children by Saraswati, a son Rampado and a daughter Haripriya. After that Saraswati died leaving these two children behind her, Haripriya having been married before her death. On the 16th October, 1920, the plaintiffs purchased the entire property from Rampado and on the 30th March, 1921, the defendants purchase...
Anderson Kirkwood Tennent Vs. Walter Mitchel
Court: Kolkata
Decided on: Feb-19-1925
Reported in: AIR1925Cal860
Sanderson, C.J.1. This is an appeal by the Defendant against the judgment of my learned brother Mr. Justice Buckland which was delivered on the 6th of January 1925, by which the learned Judge directed the Defendant's written statement to be struck out as embarrassing. Inasmuch as this appeal is in the nature of an interlocutory appeal, the hearing of it was expedited.2. The application was made by the Plaintiff under Order 6, Rule 16 of the first schedule of the Civil Procedure Code. That rule is as follows: ' The Court may, at any stage of the proceedings, order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the suit:' and it is upon the ground that the written statement would embarrass and delay the fair trial of the suit, that the order has been made.3. The suit was brought by the Plaintiff to recover the sum of Rs. 11,000 and it was alleged that that sum was advanced ...
Nandalal Roy Choudhury and anr. Vs. Mukundalal De
Court: Kolkata
Decided on: Feb-19-1925
Reported in: AIR1926Cal57,89Ind.Cas.24
Mukerji, J.1. This appeal arises out of a suit for accounts instituted by the plaintiffs against the defendant who, it is alleged, was their manager, Muktear and Pleader at various times. A preliminary decree was passed by the Subordinate Judge of Backarganj who gave in that decree certain directions to a Commissioner to be appointed in order to ascertain the liabilities of the defendant. Those directions were to a certain extent modified by the learned District Judge on an appeal preferred from the said preliminary decree by the plaintiffs. There was another suit instituted by the defendant against the plaintiffs for certain sums of money alleged to have been due to him. With that suit we are not concerned in the present appeal. The appellants' objections in this appeal are two in number. The first objection relates to the directions which were given by the learned District Judge in connection with issue No. 6 in the suit. The issue runs in these words 'Are the plaintiffs entitled to ...
In Re: Ibrahim and ors.
Court: Kolkata
Decided on: Feb-19-1925
Reported in: 88Ind.Cas.458
1. The seven appellants have been convicted of committing dacoity. The first three have been sentenced to seven years' rigorous imprisonment each, the fourth to three years' rigorous imprisonment, the last three to five years' rigorous imprisonment each.2. The case for the prosecution is that a dacoity was committed in a river in the night following the 8th of March, It was committed on, a boat in which a sum of about Rs. 11,000 was being taken from a place called Galachipa to Nalchiti and Jhalakati.3. The principal evidence against the appellants is that of an approver. This evidence has been corroborated by evidence as to the accused being seen together at different times and places before and after the dacoity and also as to other circumstances. But as the learned Sessions Judge has correctly pointed out in his heads of charge there is no evidence besides that of the approver to show that the appellants actually took part in the dacoity. So far as the evidence of the approver and th...
A.H. Turner Vs. King Emperor
Court: Kolkata
Decided on: Feb-18-1925
Reported in: AIR1925Cal673
1. This is an application under Clause (c) of Section 449, Criminal Procedure Code for leave to appeal against the conviction in a case tried by a jury in this High Court This is the second time that such an application has been made to this Court; since the power to appeal in such cases was introduced by the recent amendment; of the Code of Criminal Procedure. In the first case, that of T.O.S. Martin-dale v. King Emperor A.I.R. 1925 Cal. 14, the application for leave to appeal was heard by this Bench. It was then granted on an ex parte application. After the granting of leave to appeal the appeal itself was subsequently heard by another Bench and it was then held that the application for leave to appeal should be made on notice to the Crown. Further one of the Judges who heard that appeal was of the opinion that though a Divisional Bench had jurisdiction to entertain and dispose of the application nevertheless as a matter of convenience and expediency the application should have been ...
A. H. Turner Vs. Emperor
Court: Kolkata
Decided on: Feb-18-1925
Reported in: (1925)ILR52Cal636
Newbould and Ghose, JJ.1. This is an application under Clause (c) of Section 449 of the Criminal Procedure Code for leave to appeal against the conviction in a case tried by a jury in this High Court. This is the second time that such an application has been made to this Court since the power to appeal in such cases was introduced by the recent amendment of the Code of Criminal Procedure. In the first case, that of Marlindale v. King Emperor (1924) I. L. R. 52 Calc. 347., the application for leave to appeal was also heard by this Bench. It was then granted on an ex parte application. After the granting of leave to appeal, the appeal itself was subsequently heard by another Bench, and it was then held that the application for leave to appeal should be made on notice to the Crown. Farther, one of the Judges who heard that appeal was of the opinion that, though a Division Bench had jurisdiction to entertain and dispose of the application, nevertheless, as a matter of convenience and exped...
Brojo Nath Das Chaudhury and ors. Vs. Abdur Rahaman Mia and anr.
Court: Kolkata
Decided on: Feb-18-1925
Reported in: 89Ind.Cas.113
Ewart Greaves, J.1. This is an appeal by the plaintiffs against a decision of the Second, Subordinate Judge of Sylhet dated the 30th of March 1922 confirming a decision of the Munsif. The plaintiffs sued to eject the defendants from their homestead and certain agricultural land. The defendants had no occupany rights but held under a lease for one year commencing in 1314. After the expiration of one year the defendants held over under the terms of the tenancy until the year 1322. In the year 1322 the notice dated 14th Aswin 1322 was prepared by the plaintiffs and served on the defendants on the 17th of October. The defence taken by the' defendants was that they. were occupancy raiyats that no notice was served and that if it was served it was invalid. Both the Courts have found that the defendants had no occupancy rights and that the notice was served but the First Court held that the notice was insufficient and also that the nazarana of Rs. 160 which had been paid by the defendants to ...
Brojo Nath Das Choudhury and ors. Vs. Abdur Rahaman Mia and anr.
Court: Kolkata
Decided on: Feb-18-1925
Reported in: AIR1926Cal466
Greaves, J.1. This is an appeal by the plaintiff's against a decision of the Second Subordinate Judge of Sylhet dated the 30th of March 1922, confirming a decision of the Munsif. The plaintiffs sued to eject the defendants from their homestead and certain agricultural land. The defendants had no occupancy rights but held under a lease for one year commencing in 1814. After the expiration of one year the defendants held over under the terms of the tenancy until the year 1322. In the year 1322, the notice dated 14th Aswin 1322 was prepared by the plaintiffs and served on the defendants on the 17th of October. The defence taken by the defendants was that they were occupancy raiyats, that no notice was served and that if it was served it was invalid. Both the Courts have found that the defendants had no occupancy rights and that the notice was served but the first Court held that the notice was insufficient and also that the nazarana of Rs. 160 which had been paid by the defendants to the ...
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