Kolkata Court August 1925 Judgments
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Raj Chandra Haldar Vs. Mahim Chandra Mallick and ors.
Court: Kolkata
Decided on: Aug-04-1925
Reported in: AIR1926Cal549,91Ind.Cas.728
Ewart Greaves, J.1. This is an appeal by plaintiff No. 1 against a decision of the Subordinate Judge of Faridpur reversing a decision of the Munsif, First Court at Bhanga. The plaintiff and two other persons sued together for a declaration of the existence of a public right of passage for boats in the rainy season over a certain channel and they also claimed that there was aright in the villagers of certain villages to, pass this channel. In addition the plaintiff claimed an easement over the channel in question. The suit was not appropriately constituted for the declaration, of the public right of way for such a suit it would be necessary to frame the proceedings under the provisions of Section 91 of the C.P.C. Accordingly, it was necessary for the plaintiff if he desired to succeed under this head to allege and prove that he had suffered special damage as a member of the public by reason of the obstruction caused by the defendants in the right of passage for boats alleged in the plai...
Khurshed Meerza and anr. Vs. Syed FaizuddIn Ali and anr.
Court: Kolkata
Decided on: Aug-04-1925
Reported in: 92Ind.Cas.902
Hugh Walmsley, J.1. This appeal is directed against a decree which purports to have been passed under the provisions of the Religious Endowments Act (XX of 1863).2. In the City of Murshidabad there is a wakf estate known as Basant Ali Khan's endowment estate. Under the Act, the' management of this endowment is vested in a manager under the supervision of a Committee of three members. At the beginning of the present year the three members were Syed Faizuddin Ali, Syed Abdul Hussain and Mirza Yahia Sheraji. On January 23rd, however, Syed Abdul Hussain died, and a vacancy was created on the Committee. Under Section 10 of the Act it was the duty of the two remaining members to take steps to elect a new member within three months of the vacancy occurring. One of the members appears to have issued notice about an election, but on an application by some of the interested persons the learned Judge held that the notice must be issued by both members and that a notice by one alone was not valid....
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