Kolkata Court June 1927 Judgments
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Secretary of State Vs. Amulya Charan Banerjee and ors.
Court: Kolkata
Decided on: Jun-17-1927
Reported in: AIR1927Cal874
Roy, J.1. This appeal is by the Secretary of State for India and against the decision of the Special Land Acquisition Judge of the 24-Pergannas in reference made to him under Section 18, Land Acquisition Act, 1894, The land in question is a small plot of land 10 cattas 10 chataks and 16 square feet in area situate near the Kalighat Temple. It may be mentioned that though there was a controversy in the Court below as to the actual area, it is not now disputed that the area is as stated above. The acquisition was made at the instance of the Calcutta Corporation. The Collector awarded to the owners for the land and the structures on it a sum of Rs. 81,675. This was based on the annual assessment of Rs. 3,267 borne on the assessment register of the Corporation The claimants demanded Rs. 1,27,000 (Rs. 20,000 for the structures and the balance for the land, the value being estimated at Rs. 10,000 per catta). The learned Judge has made an award of Rs. 1,09,000. He valued the structures at Rs....
Sanjua Urao Vs. MatadIn Agarwalla and ors.
Court: Kolkata
Decided on: Jun-16-1927
Reported in: AIR1928Cal322
1. This appeal has arisen from a suit which was instituted for recovery of khas possession. The plaintiffs were the holders of a jote in the Western Duars, under which there was chukani tenancy held by one Chakli Bewa, under whom the defendants allege they were darchukanidars. The chukani was sold for arrears of rent and was purchased by the plaintiffs who served a notice on the defendant under Section 167, Ben. Ten. Act for annulling the encumbrance and thereafter commenced this action. The defence was that the defendants had occupancy rights in the lands and so were protected from eviction.2. The suit has been decreed by both the Courts below. One of the defendants has appealed.3. The appellant's contention, to put it quite shortly, is that the Courts below have misconceived the terms of the notification by which the Bengal Tenancy Act was extended to the Western Duars, and, upon an erroneous view thereof, have not tried to find out the incidents of the defendant's darchukani tenancy...
Muhammad Yakub Miah Majumdar Vs. Hamid Ali and anr.
Court: Kolkata
Decided on: Jun-16-1927
Reported in: AIR1927Cal884
Page, J.1. This is an appeal from an order of the learned Subordinate Judge of Cachar, allowing an objection to an application by the appellant for leave to issue execution by sailing certain property belonging to the judgment-debtors. On the 16th September 1915, the respondents mortgaged the property in suit to the appellant under a registered deed of mortgage upon the following terms. The principal sum secured by the mortgage was Rs. 800and the right, title and interest to and possession, of the mortgaged propertypassed under the deed of mortgage to the appellant. The mortgagor was to have three years within which to pay off the principal sum and redeem the mortgaged property. There was no provision for the payment of interest, but it is apparent from the terms of the mortgage-deed that the appellants were to enjoy and possess the land in lieu of interest, By a kabuliyat executed on the same data, which recited the deed of mortgage and that the mortgagors were desirous of cultivating...
BepIn Chandra Das and ors. Vs. Menajaddi and ors.
Court: Kolkata
Decided on: Jun-16-1927
Reported in: AIR1927Cal865
Mukerji, J.1. This appeal arises out of a suit which was instituted by the plaintiff for setting aside a decree and a sale held in execution thereof on the ground of fraud. The suit has been decreed by both the Courts below. The defendants 1 to 3 have preferred this appeal. The plaintiff's case was that he held a jama under the 4 annas share in a certain taluk for which he was to deliver 11 katis of paddy as rent per year, that defendants 1 to 3, who were the plaintiff's landlords, instituted a suit for rent being suit No. 1883 of 1918 alleging that the plaintiff's jama, together with two other jamas in which the plaintiff was not interested constituted one jama of which the plaintiff and defendants 4 to 9 were tenants, and in collusion with defendants 4 to 9 obtained an exparte decree, fraudulently suppressing the summons that had been issued on the plaintiff and not having the plaintiff properly represented in the said suit and thus having fraudulently obtained decree by adducing per...
Gobinda Chandra Mukherjee Vs. Banka Behari Das
Court: Kolkata
Decided on: Jun-16-1927
Reported in: AIR1927Cal888
Graham, J.1. This is an appeal from an order of the District Judge of the Assam Valley Districts, dated the 28th November 1925 dismissing an application for restoration of an appeal. The plaintiff-appellant brought a suit for recovery of a sum of money as the price of certain medicines. The trial Court gave a partial decree. There was then an appeal by the plaintiff to the District Judge and that appeal was registered and the usual notices were issued. Various orders were passed thereafter and on the 13th November 1925, an order was passed fixing the following day, the 14th November 1925, for the hearing of the appeal and it was directed that the appellant's pleader should be informed. On the 14th November the appellant's pleader was absent and his assistant, another pleader named B.C. Baroah, stated that he had no instructions. Thereupon the learned District Judge dismissed the appeal for non-prosecution. An application was then made by the appellant for restoration of the appeal. On ...
Sm. Gnana Dayini Debi Vs. Sm. Gunamoni Dasi and ors.
Court: Kolkata
Decided on: Jun-16-1927
Reported in: AIR1927Cal914
Mitter, J.1. This appeal arises out of a suit brought by the respondents against the appellant for arrears of rent. The plaintiffs-respondents claim rent at the rate of Rs. 133-4 annas odd and cesses at Rs. 15-13 annas odd per year. The rent suit was for the years 1324 to 1327 B.S. The defence of the defendant, now appellant, was that a part of the claim was barred by limitation as the defendant deposited rent for 1324 to Aswin kist 1326 B.S. in Court under Section 61, Bengal Tenancy Act, and the notices of the deposits were served on the plaintiff more than six months before the suit was filed and that consequently the claim for 1324 to Aswin kist 1326 B.S. was barred by the special limitation prescribed by Article 2 Clause A, Schedule 3, Bengal Tenancy Act, and that the claim for the cesses was excessive.2. The Court of first instance gave effect to the plea of special limitation and dismissed plaintiffs' claim for the period 1324 to Aswin kist 1326 B.S. and gave a decree for the sub...
Kumar Birendra Nath Roy Bahadur Vs. Tarini Kanta Roy and anr.
Court: Kolkata
Decided on: Jun-15-1927
Reported in: AIR1928Cal191
Page, J.1. This is an appeal from an order of the learned Subordinate Judge of Rajshahi allowing the opposite party's objection to certain properties being attached in execution of a decree, and ordering the properties to be released from attachment. Defendants 1 and 2 mortgaged some properties including the property in suit to defendant 6 on 19th May 1912, On 26th January 1914 the appellant purchased the properties set out in schedule Ka in execution of a money decree against defendants 1 and 2. A mortgage suit was then brought by the mortgagee to enforce his mortgage and some other property belonging to the mortgagors and subject to the mortgage was sold in execution of the mortgage decree. The appellant as the auction-purchaser of part of the property mortgaged comprised in schedule Ka, was anxious to save the property still unsold from being put up to auction in execution of the mortgage decree, and on 19th September 1916 deposited in Court the full amount remaining due under the m...
Victor JustIn Walter Vs. Marie Josephine Walter
Court: Kolkata
Decided on: Jun-15-1927
Reported in: AIR1928Cal600
Mukherji, J.1. The appellant, Victor Justin Walter, is the husband of the respondent 1, Marie Josephine Walter. They are European British subjects within the meaning of the Guardians and Wards Act 8 of 1890, and are Roman Catholics by religion. They were married in 1921 and the child, Leon Walter, born on 27th September 1923, is the only issue of that marriage.2. On 16th June 1926, respondent 1 applied to be appointed guardian of the person of the child under circumstances which have been set out in detail in the order from which this appeal has been preferred. This application was opposed by the appellant. The Second Additional District Judge, by an order dated 17th January 1927, allowed the application of respondent 1 with costs and also made an order on the appellant to pay a sum of Rs. 100 a month to respondent 1 for the maintenance of the child. Hence this appeal.3. The marriage, it seems, has not been quite a happy one. The appellant is a purser in the employ of the British India...
Lal Mohan (Saha) Poddar Vs. King-emperor
Court: Kolkata
Decided on: Jun-15-1927
Reported in: AIR1927Cal724
1. This rule must be made absolute and for the following reasons : It appears that the petitioner before us is a member of a family who carry on an ancestral business in the district of Dacca as cloth merchants and moneylenders. The firm in question were asked by the income-tax authorities to submit a return of their income for purposes of assessment of income-tax. A return was filed, but thereafter a notice was served on the firm under the provisions of Section 23(2), Indian Income tax Act, 1922, requiring the production of certain account books for the 1329 and 1330 B.S. The petitioner before us as stated above is a member of the firm but he is also a legal practitioner at Narainganj. It appears that the petitioner on two-days, namely, the 8th September 1925 and the 25bh November 1925, produced certain books belonging to the firm in question before the additional income tax officer. It is said that he attended before the additional income tax officer for the purpose of explaining the...
Monmatha Nath Ghose Vs. Mt. Luchmi Debi and ors.
Court: Kolkata
Decided on: Jun-14-1927
Reported in: AIR1928Cal60
Page, J.1. This is an appeal from an order of the learned Additional District Judge of Alipur, reversing an order of the Subordinate Judge of Alipur whereby the learned Additional District Judge set aside a sale under Order 21, Rule 92, and also held that the application for execution was barred under Section 47, Civil P. C. As regards the application under Order 21, Rule 90 it appears that the applicant was the widow of the judgment-debtor, and the learned Judge held that there was a deliberate and fraudulent suppression of the notices required by law on the part of the decree holder, and that by reason of such suppression the applicant had sustained substantial injury. Upon these findings the learned Judge set aside the sale under Order 21, Rule 92. The case for the appellant has been presented to us in an exhaustive manner by Mr. Roy Chowdhury, and in respect of the order passed under Rule 92 the learned advocate has contended that inasmuch as the application was not made within 30 ...
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