Kolkata Court April 1926 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Naibulla Shaikh and ors. Vs. Emperor
Court: Kolkata
Decided on: Apr-23-1926
Reported in: AIR1926Cal996
Suhrawardy, J.1. The accused Naibulla and three others have been found unanimously by the jury guilty under Section 304 (Part II), I.P.C., and convicted and sentenced to 7 years' rigorous imprisonment each. The case for the prosecution is that the deceased Mona Mandal was called out of his house late at night by Naibulla and was subsequently assaulted by these four persons so violently that he died in consequence of it a few hours later The only evidence against the accused is the extra judicial statement of the deceased made before his death to several men who have been examined in the case. In that statement he said that he was called from his house about midnight by Naibulla and was assaulted by the four accused with fists and kicks. With regard to the motive there is not much of evidence against Naibulla; but it is suggested that the deceased had reprimanded his wife for giving a seer of rice to her mother who is the wife of Naibulla. There is no mention of this quarrel about rice ...
Jiban Naskar and anr. Vs. Muralidhar and anr.
Court: Kolkata
Decided on: Apr-22-1926
Reported in: AIR1927Cal48,97Ind.Cas.513
Cuming, J.1. In the suit out of which this appeal has arisen the plaintiffs sued to recover arrears of rent of certain jama, at a rental of Rs. 9-8-0 for the years 1324 to 1327 with damages. They also prayed for enhancement of rent on the grounds that there was an increase in area of the lands, that the existing rate of rent was below the prevailing rate and that there was a rise in the average local prices of staple food-crops. At the trial the plaintiffs only asked for enhancement on the ground of rise in the average local prices of staple food crops. The defence was that originally there were two jamas of Rs. 3-8-0 and Rs. 6 which were consolidated into one jama of Rs. 9-8-0, and these two jamas, out of which one jama was made had been in existence since before the time of the Permanent Settlement and, therefore, the rent was not liable to enhancement.2. The first Court held that the plaintiffs were entitled to rent for the period in suit at the rate of Rs. 9-8-0 with damages at 25 ...
Krishna Charan Sukladas and ors. Vs. Nitya Sundari Devi
Court: Kolkata
Decided on: Apr-22-1926
Reported in: AIR1926Cal1239,97Ind.Cas.412
Cuming, J.1. The facts of the case out of which this appeal has arisen are these: Defendants Nos. 1, 2 and 3 on the 12th. December, 1924, borrowed a sum of Rs. 407, from the plaintiff and hypothecated as security a parcel of land in which the defendants Nos. 1, 2 and 3 had a raiyati interest. The due date was fixed at four months from the date of borrowing and there was a stipulation that the interest should be paid at the rate of 2 1/2 per cent, per mensem. There was a clause that in the event of default the plaintiff will be able to realize her money by a suit, there was a clause that in lieu of interest the defendants put the mortgagee in possession. Further there was a stipulation, that the defendants would cultivate the land in barga on executing a kabuliyat in favour of the plaintiff for two years and would pay half the produce in lieu of interest and in default of payment of half the produce they would pay the plaintiff interest at the rate mentioned in the bond. On the same day...
Aswini Kumar Dutta and anr. Vs. Gobinda Chandra Chanda and ors.
Court: Kolkata
Decided on: Apr-21-1926
Reported in: AIR1927Cal16,97Ind.Cas.395
Page, J.1. This is not an easy case. The plaintiffs claim - khas possession of four gundas of land. Upon these four gundas of land were planted some betel trees. There can be no doubt that the-defendants were entitled by the leave and license of the plaintiffs to be upon the land for the purpose of gathering betel leaves; in other words the position of the parties was that the defendants were upon that land as licensees coupled with an interest to gather betel leaves until the plantation dried up.2. The plaintiffs set up first a contract by which the Defendant No. 2 agreed to go out of the land after three years. That agreement was negatived. The plaintiffs in the alternative alleged that by the custom of the country the defendants must leave the land when the plantation failed. There is no direct finding that such a custom existed, although in both the Courts evidence appears to have been directed and the controversy raged over the question whether there was such a custom and if so, w...
Jogesh Chandra Ash and anr. Vs. Entaz Ali and ors.
Court: Kolkata
Decided on: Apr-20-1926
Reported in: AIR1927Cal34,97Ind.Cas.625
Mukerji, J.1. The facts necessary to be set out for the purposes of these four appeals are as follows:There were four simple mortgages executed by-one Sheikh Ajahar in favour of one Mahananda Ash, - the first dated - October 1901, the second dated - August 1902 which was in respect of some only of the properties covered by the first mortgage, the third dated - October 1903, which was in respect of the same properties as were covered by the second, mortgage, and the fourth dated - April 1908, which, related to such of the properties as were included in the first mortgage but not in the second or the third. Decrees were obtained in respect of the said four mortgages. In those appeals we are not concerned with the decree on the fourth mortgage, which it may be mentioned, has not yet been put into execution. In execution of the decree on the first mortgage the decree-holder put up the mortgaged properties to sale stating that there was no ether incumbrances thereon, and purchased the said ...
Meghjee Mansing Vs. Kalooram Lachminarain
Court: Kolkata
Decided on: Apr-20-1926
Reported in: AIR1926Cal842,96Ind.Cas.182
Lancelot Sanderson, C.J.1. This is an appeal by the plaintiff against an order of my learned brother, Mr. Justice Buckland, made on the 11th December, 1925.2. The matter came before the learned Judge by means of a summons under Chap. XIIIA of the Killer of this Court on the Original Side. The learned Judge said that 'this application must fail for the reason that there is no affidavit of any one who swears positively to the facts of the case. I have but to repeat what I have said often before that it does not suffice to refer to the plaint and say that the statements contained in it are true. The application is dismissed with costs.'3. On the opening of the appeal, the learned Advocate for the defendant took the point that no appeal would lie from the order of the learned Judge on the ground that it was not a judgment within the meaning of Clause 15 of the Letters Patent of this Court.4. The order which the learned Judge made was in the form of a dismissal of the application for judgme...
Sukumari Devi Vs. Mungneeram Bhangar and Co.
Court: Kolkata
Decided on: Apr-20-1926
Reported in: AIR1926Cal889
Sanderson, C.J.1. (After stating facts the judgment proceeded.) It was argued on behalf of the appellant that Section 145 would not authorize the order which the learned Judge made in the case.2. I do not think it necessary to refer to any of the cases cited in this Court except one, which I will presently mention, because in my judgment the facts of this case are such as to differentiate it from any of the authorities cited.3. The position, in my judgment, is clear. The defendant agreed that a decree should be made against him for Rs. 1,37,000 with interest, and that it should be paid by instalments therein mentioned, that security should be furnished by the 1st January 1925 and that until such security was furnished, the 'present security' should remain, that is to say, the title-deeds which had been deposited in August 1924 by the defendant and his wife, the appellant, with the Registrar of this Court.3. The defendant further agreed that if he failed to pay three consecutive instalm...
Sukumari Debi Vs. Mugneeram Bhanger and Co.
Court: Kolkata
Decided on: Apr-20-1926
Reported in: 95Ind.Cas.908
Sanderson, C. J.1. This is an appeal by Sukumari Debi against a judgment of my learned brother Mr. Justice Buckland delivered on the 27th January 1926.2. There was a suit which was brought by Mugneeram Bhanger & Co., who carried on business as stock and share brokers, against the defendant, Guru Pada Haldar. The appellant Sukumari is the wife of the defendant. An adjournment of the trial of the suit was obtained on or about the 15th August 1924, upon condition that the defendant should give security by depositing with the Registrar documents of title of properties to the extent of one lac of rupees for securing the plaintiffs claim to that extent. The case was adjourned until after the vacation.3. It appears that the defendant and his wife deposited the title-deeds of certain properties with the Registrar. The properties are set out in the decree which was made by my learned brother on the 27th January 1926. The defendant was the owner of most of the properties, but the appellant, the ...
Birendra Kishore Manikya Bahadur Vs. Durga Sundari Chowdhurani and ors ...
Court: Kolkata
Decided on: Apr-19-1926
Reported in: AIR1927Cal136
Mukerji, J.1. These four appeals arise out of as many applications under S, 105 of the Bengal Tenancy Act for settlement of fair and equitable rent in respect of certain tenures which had been recorded in the finally published Record of Eights as bearing jamas which are enhanceable. The facts shortly stated are these:Pargana Dandra was held in two shares, viz., the 4-annas share and the 12-annas share. The 4-annas share was owned by one Mahomed Ali Chowdhury. Mahomed Ali Chowdhury was declared a rebel and his estate was confiscated by the Government in February 1793. There were in this estate before the escheat, 45 taluks, a nij taluk and some other lands. After the escheat the nij taluk was divided into 35 tapas. The Collector then made dowl settlement with the talukdars, and in the dowls that were taken only the rents were specified without specification of the area of land comprised in each taluk. For several years Government used to collect the rents by leasing out the zemindari in...
Salam Chand Kannyram Vs. Bhagwan Das Chilhania
Court: Kolkata
Decided on: Apr-19-1926
Reported in: AIR1926Cal1149
Cuming, J.1. The facts of the case out of which this Rule has arisen are these: The petitioner who obtained the Rule brought a suit on the Original Side of this Court against the opposite party for Rs. 52,582 odd on the 27th November 1922. On the 25th June 1923 he applied that certain properties of the opposite party might be attached before judgment. These properties were apparently in the district of Nadia though that is not stated in the petition where the facts are set out vary incompletely. The properties were duly attached on the 12th July 1923. The suit was decreed on the 18th February 1924. There was no appeal. Then on the same date, which again it is impossible to ascertain either from the petition or from the learned Counsel who has appeared for the petitioner, the decree was sent to the District Judge at Nadia for execution and the property was advertised for sale on the 8th February 1926. A claim was then filed in the executing Court on the 26th January 1926 by one Bhagwan ...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »