Kolkata Court March 1925 Judgments
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Srimati Achola Sundari Debi Vs. Srimati Doman Sundari Debi and ors.
Court: Kolkata
Decided on: Mar-17-1925
Reported in: AIR1926Cal150,90Ind.Cas.774
Suhrawardy, J.1. This is an appeal by defendant No. 3 arising out of a mortgage suit brought by the plaintiff on a mortgage dated the 2nd Jaistha 1306 (1899) executed by defendant No. 1 and one Lakhan Chandra Dey since dead. The defendant No. 3 is a transferee of Lakhan's interest in the mortgaged properties. The plaintiff purchased the mortgage in 1919 and brought a suit on it for recovery of amount then due thereon by a sale of the mortgaged properties. The defendant No. 1 admitted the mortgage and his liability under it. The defendant No. 3 among other pleas raised the plea that the suit was barred by limitation. The plaintiff's case was that several payments were made by the debtors, the last being a payment of Rs. 30 in 1908. The First Court did not believe this payment and dismissed the plaintiff's suit as against all the defendants except defendant No. 1. On appeal the learned Subordinate Judge has found that the payment of Rs. 30 was proved and that the amount was paid an accou...
Dukhu Mia and ors. Vs. Jagdish Nath Roy Bahadui
Court: Kolkata
Decided on: Mar-17-1925
Reported in: AIR1926Cal359
Duval, J.1. These two appeals are brought by two tenants against an order of the Additional District Judge of Dinajpur in appeal upholding the respondent landlord's contention that he was entitled to get enhanced rent from these tenants under Section 30, Bengal Tenancy Act, the presumption arising under Section 50 having been rebutted. The landlord's case was that rent was not fixed and that the presumption under Section 50 did not arise as the rent varied at various times since the time of the Permanent Settlement. The Munsif found that the presumption of fixity of rent had not been rebutted as there had been no change in the rate of rent anyhow since 1849 and that jamawasilbaki papers of an earlier date were not conclusive to show that the jamas did not exist back to the time of the Permanent Settlement. The Munsif, therefore, disallowed the claim for enhancement and decreed the rent at the former rent. In appeal the learned Additional District Judge has mainly relied on the jamawasi...
Nabadwip Municipality Vs. Purna Chandra Mukerji
Court: Kolkata
Decided on: Mar-16-1925
Reported in: AIR1925Cal934
1. This is a Reference under Section 438, Cr.P.C., made by the Session Judge of Nadia recommending that two orders passed by the District Magistrate under Section 202 of the Bengal Municipal Act dated the 27th June and 20th October 1924, be set aside.2. The facts so far as they are necessary for the decision of this Reference are as follows: By his letter No. 182 dated 23 June 1924 the Vice-Chairman of the Nabadwip Municipality informed the District Magistrate of Nadia that on the 26th April the Commissioners passed a resolution regarding the raising of the northern portion of the Municipal Road named Dwarik Babu's Road. Babu Purna Chandra Mukerji, the Chairman of the Municipality, in opposition to this resolution erected a brick wall the very next morning right across the northern portion of the said road. On the 31st May the Commissioners passed a resolution that a notice under Section 202 of the Bengal Municipal Act might be issued on Babu Purna Chandra Mukerji requiring him to remo...
Nabadwip Municipality Vs. Purna Chandra Mukherji
Court: Kolkata
Decided on: Mar-16-1925
Reported in: (1925)ILR52Cal670
Newbould and Ghose, JJ.1. This is a reference under Section 438 of the Criminal Procedure Code made by the Sessions Judge of Nadia recommending that two orders passed by the District Magistrate under Section 202 of the Bengal Municipal Act, dated the 27th June and 20th October 1924, be set aside.2. The facts, so far as they are necessary for the decision of this reference, are as follows. By his letter, No. 182, dated the 23rd June 1924, the Vice-Chairman of the Nabadwip Municipality informed the District Magistrate of Nadia that on the 26th April the Commissioners passed a resolution regarding the raising of the northern portion of the Municipal road named Dwarik Babu's Road. Babu Purna Chandra Mukherji, the Chairman of the Municipality, in opposition to this resolution, erected a brick wall the very next morning right across the northern portion of the said road. On the 31st May the Commissioners passed a resolution that a notice under Section 202 of the Bengal Municipal Act might be...
Mohammed Kamil and ors. Vs. Haji Hedayetulla
Court: Kolkata
Decided on: Mar-16-1925
Reported in: 90Ind.Cas.492
Mukherji, J.1. This is an appeal preferred by the plaintiffs from a final decree passed by the District Judge of Birbhum in a suit for dissolution of partnership, for partition of partnership properties and for accounts. A preliminary decree was passed by the learned Judge directing accounts to be taken from the 11th October 1913 up to the 3rd August 1915, and declaring the shares of the plaintiffs and the defendants therein as being a half and half respectively. On appeal preferred by the plaintiffs a direction was inserted in the decree by this Court that the accounts were to be taken of the business also from the 3rd August 1915 to the date of the final decree and making all just allowance including fair remuneration to be allowed in favour of the defendant for managing the business and that the profits for that period will be divided in the same shares as mentioned before. The decree passed on appeal as aforesaid was carried on appeal to the Privy Council, but the said appeal was d...
NabIn Chandra Biswas Vs. Abdul Aziz and ors.
Court: Kolkata
Decided on: Mar-16-1925
Reported in: 90Ind.Cas.998
1. This appeal raises a question which has now been settled by authorities. The appellant obtained a decree against the respondents and attached certain properties described in three schedules. The appeal is confined to the finding of the lower Court with respect to Schedule III. The judgment-debtors claimed that the properties described in that Schedule could not be sold as they had non-transferable occupancy interest in them. The learned District Judge of the Court of Appeal below has given effect to this contention. This view is untenable. In the Full Bench case of Chandra Binode Kundu v. Sheikh Alla Bux 58 Ind. Cas. 353 : 48 C. 184 : 24 C.W.N. 818 : 31 C.L.J. 510, it was held that the transfer for value of the whole or part of an occupancy holding apart from custom or local usage is operative as against the raiyat whether it is voluntary or involuntary. The question involved in the Full Bench case was confined to the right of the landlord to bring a non-transferable occupancy holdi...
Chandra Kumar Shaha Choudhury and ors. Vs. Moulvi Mafizar Rahman Choud ...
Court: Kolkata
Decided on: Mar-16-1925
Reported in: 90Ind.Cas.832
Ewart Greaves, J.1. This is an appeal under Section 15 of the Letters Patent.2. The question that arises for our decision arises on a kabuliyat dated the 15th Pous 1247. Thereby the owner of the raiyati demised certain premises which are situated in the Town of Chittagong to the persons named in the kabuliyat in a dar-raiyati. The document provided for the lessees building a house for the purpose of a shop on the land and carrying on business and paying the rent therein named every year to the lessor. There was a further provision in the document that if the rent was not paid in any year the lessor would be entitled to recover khas possession of the land with arrears of rent and damages by suit. The document further provided that if the lessees did not carry on business on the land then they would give up the land to the lessor and that the lessees would not be entitled to give the land to any body else. The contentions before the Courts below and before Mr. Justice Newbould were on be...
Abinash Chandra Chowdhury Vs. Tarini Charan Chowdhury and ors.
Court: Kolkata
Decided on: Mar-16-1925
Reported in: AIR1926Cal782,95Ind.Cas.117
Mukerji, J.1. The events which have led up to the suit out of which these appeals arise have been narrated in detail in the judgment of the District Judge. The facts, so far as they are necessary to be stated for the purpose of these appeals and (sic)undisputed are these : One Nur Mohammed alias Nur Meah claiming to be a mutwali in respect of a wakf created by his father Dost Mohamed, granted an istemrari lease of an entire village called Bamangao to : one Abdul Aziz in the year 1891. In the same year and some two months later Abdul Aziz granted a lease of an 8 annas share of the village in kayemi maurasi jote, to the predecessors of the plaintiffs. In 1898 litigation arose for declaration of title, administration of the estate, and accounts, etc., in the shape of suite which were instituted by some of the heirs of Dost Mohamed against the said Nur Meah and others. In these suits Abdul Aziz was a party, but the predecessors of the plaintiffs were not. The relief claimed as against Abdu...
Mohammed Kamil and ors. Vs. Hedayetulla
Court: Kolkata
Decided on: Mar-16-1925
Reported in: AIR1926Cal380
Mukherji, J.1. This is an appeal preferred by the plaintiffs from a final decree passed by the District Judge of Birbhum in a suit for dissolution of partnership, for partition of partnership properties and for accounts. A preliminary decree was passed by the learned Judge directing accounts to be taken from the 11th October 1913 up to the 3rd August 1915, and declaring the shares of the plaintiffs and the defendants therein as being a half and half respectively. On appeal preferred by the plaintiffs a direction was inserted in the decree by this Court that the accounts were to be taken of the business also from the 3rd August 1915 to the date of the final decree and making all just allowance including fair remuneration to be allowed in favour of the defendant for managing the business and that the profits for that period will be divided in the same shares as mentioned before. The decree passed on appeal as aforesaid was carried on appeal to the Privy Council, but the said appeal was d...
Saroda Charan Mistri and anr. Vs. King-emperor
Court: Kolkata
Decided on: Mar-16-1925
Reported in: AIR1925Cal795,87Ind.Cas.606
Mukerji, J.1. It is difficult to comprehend the exact import of the order which the learned Sessions Judge has passed in this case. His summing up was perfectly fair one, and as far as one can say from a perusal of the heads of charge recorded by him, he seems to have summed up for an acquittal of the two appellants.2. The jury brought in a unanimous verdict of guilty under Section 302, Indian Penal Code in respect of Madhumala and under Section 328, Indian Penal Code in respect of Saroda Charan Mistri.3. The learned Judge states in his order that had he been trying the ease alone he should have been inclined to give the appellants the benefit of the doubt on the question as to whether the appellants knew that the drug they administered was poison but as the jury seemed to have unhesitatingly rejected the case for the defence on this point, he thought that he was not justified in pressing 'the slight doubts' that remained in his mind, to the extent of referring the case to this Court u...
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