Kolkata Court December 1927 Judgments
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Swarnamanjuri Dassi Vs. Secy. of State
Court: Kolkata
Decided on: Dec-22-1927
Reported in: AIR1928Cal522
B.B. Ghosh, J.1. This is an appeal on behalf of claimant 1 under the Calcutta Improvement (appeal) Act, against the judgment of the Calcutta Improvement Tribunal modifying to some extent the award made by the Collector for the acquisition of certain premises in Lower Chitpora Road and Chhatawalla Galee in this town under the Calcutta Improvement Act. The appellant was the owner of the premises. She as administratrix of the estate granted a lease for 99 years to one Elias of these premises under an Indenture dated 1st March 1920. The lessee paid a selami of Rs. 5,000 for the lease on 22nd September 1919. The rent reserved was the net amount of Rs. 2000 per month. There was a stipulation in the lease that the lessee was to build structures on the demised premises at a cost of one lac of rupees within a certain period, and as security for the performance of that agreement he had to deposit Rs. 50,000 with some bank. Apparently this was done. Subsequently under the Calcutta Improvement Act...
In Re: Vernon Milward Bason
Court: Kolkata
Decided on: Dec-22-1927
Reported in: AIR1928Cal729
Rankin, C.J.1. In this ease the assessee, Mr. V.M. Bason, is a shareholder in three private companies limited by shares. In 1917 and after, it would appear that these companies had some arrangement for pooling their profits. The three companies were Samuel Pitze & Co., Ltd., Murray & Co., Ltd., and Devereux & Co., Ltd.2. On 6th November 1917 a resolution was passed by the directors of Samuel Fitze & Co. Ltd. to the effect that after a dividend of not less than 10 per cent, had been paid, out of the net pooled profits of the three companies on any year's working, a sum equal to one-third of the balance remaining of the said net pooled profits should be applied to the distribution of a bonus between the working directors, in India. The assessee, as a substantial shareholder in each of these three companies, objected to this proposal and claimed that the resolution was ultra vires and illegal. It would appear that in the companies' books entries were made on the basis of the resolution, b...
Madhu Molla Vs. Babonsa Karikar and ors.
Court: Kolkata
Decided on: Dec-22-1927
Reported in: AIR1928Cal565
Page, J.1. This appeal raises an interesting question with respect to the construction of Section 32, Registration Act (3 of 1877), now Section 32 of the Act 16 of 1908. The suit was brought by the plaintiffs for a declaration of their title to a share in certain lands comprised in two jamas, and for partition. As regards an eight annas share of the lands in suit, the plaintiffs traced their title through a kabala which was granted to their vendors by one Panchu. This kabala was executed in 1896 by Panchu, who died shortly after; and, on his death, was presented for registration by his widow Panchu left him surviving his widow, a brother, a sister, and a mother, and if this kabala was inadmissible as 'evidence of any transaction affecting the immovable property comprised therein,' (Section 32) it is common ground that each of these four persons as the heirs of Panchu would be entitled to a share of his estate. The kabala having been presented by the widow was registered. The contention...
In Re: Dibrugarh Dist Club Ltd.
Court: Kolkata
Decided on: Dec-22-1927
Reported in: AIR1928Cal577
Rankin, C.J.1. The assessee in this case is the Dibrugarh District Club, Limited, which is a company limited by shares incorporated under the Companies Act, 1882. I shall refer to it as 'the Company' and I shall not refer to it as 'the Club' for the reason that by the terms of its regulation the 'Club' is reserved for a different body. The main objects of the Company are to maintain and conduct a Club for the benefit of such persons as may become members of that Club. The Club's membership is unlimited in number and there are two classes of members-permanent and temporary. Save for certain persons who are by the rule of the Club entitled to become permanent members without ballot or entrance fee, all permanent members are elected by ballot. The voters at such ballot are the existing body of permanent members of the Club. The arrangement as to temporary members need not be set forth here. The general management of the Club is vested in a Committee of seven members of whom at least five ...
B.N. Elias Vs. Secy. of State
Court: Kolkata
Decided on: Dec-22-1927
Reported in: AIR1929Cal20,108Ind.Cas.251
B.B. Ghose, J.1. The appeal is by claimant 2 arising out of the acquisition which has been dealt with in the judgment immediately delivered in Swarnananjuri Dasi v. Secretary of State : AIR1928Cal522 . If it had been a question of apportionment between the parties, we should ordinarily have remanded this case also for consideration by the President. But having regard to the agreement between the parties in the lease of 1st March 1920 no question of apportionment arises, as claimant 1 would get the whole amount of compensation which has been awarded on account of the acquisition of the land. This case may, therefore, be decided on its own merits.2. The contention raised on behalf of this appellant is that he is entitled to an excess amount of money as compensation under the provisions of Sub-section (3), Section 23, Land Acquisition Act as amended by the Calcutta Improvement Act. Clause (b), which is specially referred to in the course of the argument runs thusIf it be shown that, befor...
Rama Nath Naskar and ors. Vs. Tarak Nath Banerjee and ors.
Court: Kolkata
Decided on: Dec-21-1927
Reported in: AIR1928Cal305
Mukerji, J.1. The decree of the lower appellate Court which has given rise to this appeal is divisible into two parts. The first of these parts is the decree for arrears of rent that has been awarded to the plaintiff. The second part of it relates to the question of enhancibility of the existing rent. The appeal to this Court is directed against the second part aforesaid and is confined to the relief which the plaintiffs claimed for enhancement of rent. The trial Court decreed the suit at the existing rate of rent with damages at 121/2 per cent. The prayer for enhancement of rent was dismissed by that Court. The lower appellate Court has confirmed the decree for arrears of rent with the modification that instead of 121/2 per cent as damages, damages have been awarded at 25 per cent. As regards the prayer for enhancement of rent the order that has been made by the lower appellate Court is that the decree of the trial Court is to be set aside and the case remanded for a fresh decision of...
Nibaran Chandra Sikdar Vs. Abdul Hakim and ors.
Court: Kolkata
Decided on: Dec-21-1927
Reported in: AIR1928Cal418
Mukerji, J.1. The suit which has given rise to this appeal was instituted by the plaintiff for declaration of title and recovery of khas possession of certain lands.2. The lands comprised of two plots, the southern portion of Cadastral Survey Plot No. 3315 and the whole of Cadastral Survey Plot No. 3316. The plaintiff's case was that the lands originally belonged to his father in ryoti right and comprised a holding held under one Nobo Chandra Saha, that the said Nobo Chandra Saha sold up the holding at a rent sale, and that one Ramesh Chandra Rakshit purchased it at the said sale and let it out to the plaintiff in dar-ryoti interest on 23rd April 1920, that the defendants dispossessed him in August 1920, upon which he instituted a suit under Section 9, Specific Relief Act, but was unsuccessful therein and hence the suit. The case of defendant 1 was that Cadastral Survey Plot No. 3315 was held by his father in dar-ryoti right under one Sarada Charan Sikdar who in 1917 also mortgaged his...
Kedar Nath Bose Vs. Gobinda Chandra Das and ors.
Court: Kolkata
Decided on: Dec-21-1927
Reported in: 108Ind.Cas.242
Zahhadur Rahim Zahid Suhrawardy, J.1. This Rule was issued under Section. 25 of the Provincial Small Cause Courts Act to revise the judgment of the Small Cause Court in a suit brought by the petitioner for recovery of price of two Karai trees which are admittedly timber trees cut and appropriated by the defend-ants. The plaintiff is the landlord and the defendants are tenants under him of a piece of land on which the disputed trees sued for, betal-nut and other fruit trees stood. The plaintiff's case is that the defendants took lease of the land from him about 30 years ago and that they had no right to appropriate the trees standing thereon. The defence was that the defendants were occupancy raiyats and that they had the right to the trees. They further alleged that their tenancy was very old, The learned Munsif presiding over the Small Cause Court has not found sufficient facts for the determination of the question raised. With regard to the origin of the tenancy he is of opinion that...
Ramesh Chandra Patranabis Vs. Birajasundari Gupta and ors.
Court: Kolkata
Decided on: Dec-20-1927
Reported in: AIR1928Cal349,108Ind.Cas.33
Suhrawardy, J.1. This second appeal arises in connexion with execution proceedings and is by the auction-par-chaser in execution of a decree for rent by the landlord against 65 tenants. The tenure was sold on 24th July 1922 in execution of the decree. On 21st August. 1922 two judgment-debtors, Manoranjan Dhar and judgment-debtor No. 55, filed an application to have the sale set aside. That application was dismissed on 4th, April 1923. The sale was then confirmed and symbolical possession delivered to the auction purchaser on 27th February 1924. On 27th March 1924 the respondent, judgment-debtor No 56, filed an application under Order 21, Rule 90 and under Section 47, Civil P.C. to have the sale set aside on the ground of irregularities and fraud. The Munsif in the execution Court overruled all the objections to the sale made by the respondent and dismissed her application. He found that the application was barred by limitation, that the sale processes were properly served and that thou...
In Re: K.C. Bannerjee, Official Receiver
Court: Kolkata
Decided on: Dec-20-1927
Reported in: AIR1928Cal402
Suhrawardy, J.1. This application in revision is by the Official Receiver of this Court against an order of the President of the Calcutta Improvement Tribunal by which the learned President refused to make over certain Government promissory notes held in his Court to the petitioner. In the circumstances of the 'case there is no opposite party and we had to hear this matter ex parte. We have given our earnest consideration to the facts of this case and to the observation made by the learned President in his judgment. The facts are that a portion of the premises No. 28, Giri Babu's Lane, in Calcutta belonging to the debutter estate of certain idols was acquired under the Land Acquisition Act and the compensation thereof was deposited with the Calcutta Improvement Tribunal under Section 31 of the Act. Thereafter some of the she baits of the said idols instituted a suit in the original side of this Court against certain persons for a certain declaration which will be more particularly ment...
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