Kolkata Court July 1927 Judgments
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RaichuddIn and ors. Vs. Mt. Waiz Bibi and ors.
Court: Kolkata
Decided on: Jul-13-1927
Reported in: AIR1928Cal49
Cuming, J.1 This appeal arises out of a suit for a declaration of the plaintiff's raiyati title and for recovery of possession of the lands described in the schedules to the plaint. The case of the plaintiff was that the lands had been gifted to her by her mother Hadya Bibi by means of a hebanama. The case of the defendant was a denial of the plaintiff's title.2. The first Court decreed the plaintiff's suit in a modified form. The plaintiff's title in kayami mukarrari right to plot (ka) measuring 12 1/2 gundas and to the disputed land described in Schedule 2 was declared and she was to get ejmali possession of these lands with the defendants. Defendants 1 (ka), 1 (kha) and 1 (gha) appealed to the District Court and there was also an appeal by the plaintiff. The District Court ordered the decree of the first Court to be modified to this extent: that the decree should be for exclusive possession of the lands of Schedule 2 of the plaint; and in the other lands the decree made by the first...
Brojo Lal Saha Banikya Vs. Budh Nath-pyari Lal Das
Court: Kolkata
Decided on: Jul-13-1927
Reported in: AIR1928Cal148
B.B. Ghose, J.1. This appeal arises out of a suit brought against the defendant by the firm in the name and style of Budh Nath Peari Lal Das for recovery of Rs. 21,562 2-0 alleged to have been lent to the defendant for which a promissory note was given by the defendant in favour of Pyari Lal Pas, dated 21st January 1921. The defendant raised various pleas in his defence, but the question with which we are mainly concerned in this appeal is whether the suit has been properly brought by the plaintiff firm or, in other words, whether the plaintiff has the right to sue for the debt. Other defences were raised in the Court below, but' Sir Provash, appearing for the defendant who is the appellant before us, has candidly stated to us that, upon the materials on the record, it would be difficult for him to attack the judgment of the Subordinate Judge on the other facts found by him against the defendant. The Subordinate Judge made a decree in favour of the plaintiff mainly upon this ground:The...
Sajjad Ahamad Choudhuri and anr. Vs. Trailakya Nath Choudhuri and ors.
Court: Kolkata
Decided on: Jul-13-1927
Reported in: AIR1928Cal479
Mitter, J.1. This is an appeal from a judgment and decree of the Subordinate Judge of Murshidabad dated 12th September 1924 which reversed a judgment and decree of the Munsif of Jangipur dated 29th March 1923.2. The appellants brought a suit against the respondents for recovery of arrears of rent, cess and damages for the years 1325 to 1328 B.S. at the rate of Rs. 18-5-9 per year. The main defence of the respondents was that there should be entire suspension of rent as the appellants dispossessed the respondents from 5 bighas 8 cottas of land and that the holding in respect of which the rent suit was brought consisted of 25 bighas odd and was held at a rental of Rs. 15-6-11 gandas. The defence also alleged that there should, in any event, be proportionate reduction of rent.3. The Munsif decreed the suit in part. He allowed the claim for 1325 B.S. at the rate of Rs. 15-6-11 gandas and that of the other years at the rate of Rs. 18-59 in addition to cess and damages at the rate of 12 1/2 ...
ishwari Prasad Sharma and anr. Vs. King-emperor
Court: Kolkata
Decided on: Jul-13-1927
Reported in: AIR1927Cal747
C.C. Ghose, J.1. The petitioners before us are two in number, (1) Iswari Prashad Sharma who is the editor of a weekly newspaper published in the Debnagri character in Calcutta called 'Hindi Punch'; and (2) Mukund Lall Burman who is the printer thereof. They have been convicted by the learned Chief Presidency Magistrate of Calcutta under Section 153A, I.P.C., and sentenced as follows : the first petitioner has been sentenced to suffer rigorous imprisonment for a period of six months and the second petitioner to suffer rigorous imprisonment for four months.2. The subject-matter of the charge against the two petitioners is the publication of an article in the form of a drama called Balidan (sacrifice) at page 109 in the issue of the newspaper in question dated the 27th January 1927. The immediate occasion, as far as one can gather from the English translation of the article which has been placed before us, for the publication of the drama in question was the murder of the late Swami Shrad...
Bharat Chandra Pal Vs. Gouranga Chandra Pal and anr.
Court: Kolkata
Decided on: Jul-13-1927
Reported in: AIR1927Cal885
Cammiade, J.1. The facts of the present case are as follows : The plaintiff, who is the respondent before this Court, sued one Shuramani and another on a bond in the year 1916 and he obtained an order for attachment before judgment of a raiyati holding belonging to Shuramani. The order which was recorded by the learned Munsif in that case was as follows:On the application of the plaintiff, supported by an affidavit, I am satisfied that the defendants are about to transfer their properties with a view to defraud the plaintiff. It is, therefore, ordered that notice be issued upon the defendants to show cause within seven days from the service thereof why they should not furnish security for money. In the meantime I also order conditional attachment of the immovable properties mentioned in the plaintiff's application.2. The order was issued to the peon in form No. 5 of Appendix F, directing the peon, in case securities were not given, to attach the properties. Nothing further was done. Su...
iswari Prashad Sharma and anr. Vs. Emperor
Court: Kolkata
Decided on: Jul-13-1927
Reported in: 105Ind.Cas.225
1. The petitioners before us are two in number, (1) Iswari Prashad Sharma who is the editor of a weekly newspaper published in the Debnagri character in Calcutta called 'Hindi Punch', and (2) Mukuod Lal Burman who is the printer thereof. They have been convicted by the learned Chief Presidency Magistrate of Calcutta under Section 153A, Indian Penal Code and sentenced a3 follows: the first petitioner has bean sentenced to suffer rigorous imprisonment for a period of six months and the second petitioner to suffer rigorous imprisonment for four months.2. The subject-matter of the charge against the two petitioners is the publication of an article in the form of a drama called balidan (sacrifice) at page 1003 in the issue of the newspaper in question dated the 27th January; 1927. The immediate occasion, as far as one can, gather from the English translation of the article which has been placed before us, for the publication of the drama in question was the murder of the late Swami Shardhan...
Guimoni Dasi Vs. Tarini Charan Porel
Court: Kolkata
Decided on: Jul-12-1927
Reported in: AIR1927Cal887
Cammiade, J.1. This appeal arises out of a suit for declaration of the plaintiff's title to certain lands and for recovery of possession. During the pendency of the suit, a composition was arrived at between the parties in criminal proceedings pending between them, relating apparently, to the same lands. The parties agreed to refer the matter in dispute to the arbitration of the zemindar. When the zamindar gave his award, the defendant, in whose favour the award was made, filed it in Court and prayed that a decree be passed in accordance therewith. The plaintiff refused to abide by the award, making various allegations against the zemindar. The learned Munsif who tried the suit held that the award was an adjustment of the matters in dispute within the meaning of Rule 3, Order 23, Civil P.C., and he passed a decree in accordance with this award.2. On appeal this decision was reversed on the ground that the above finding on the question of law was erroneous. The learned Subordinate Judge...
Tarapada Ghose Vs. Bagala Sundari Basu and anr.
Court: Kolkata
Decided on: Jul-12-1927
Reported in: AIR1928Cal143
Suhrawardy, J.1. This rule has been obtained by the plaintiff against an order of the Subordinate Judge of 24-Parganas,. dated 12th April 1927, permitting the wife of the defendant to conduct the defence on his behalf under the following circumstances: The defendant Protap Chandra Basu was the cashier and collecting agent for a number of years working under the plaintiff. The plaintiff's case is that on one morning he found the defendant absconding with the key of the iron safe in his charge. A criminal case was brought against him, but he is still absconding. The present suit has been instituted for accounts against Protap Chandra Basu and the plaintiff also applied for attachment before judgment of certain sums of meney. Thereafter the opposite party No. 2, Bagala Sundari Dasi, applied for permission to conduct the case on behalf of her husband on the ground that her husband was either murdered by the plaintiff or was being kept in solitary confinement at the plaintiff's instance. Th...
G.i.P. Ry. Co. Vs. Chakravarti, Sons and Co. and ors.
Court: Kolkata
Decided on: Jul-11-1927
Reported in: AIR1928Cal170
Rankin, C.J.1. This is the defendants' appeal in a suit brought by consignees of of goods which were dispatched by the defendants' railway from the Victoria Terminus in Bombay to Kushtea a station on the E.B. Railway. Two consignments of yarn are involved in the case. These goods had been sent out from. England and were consigned from Bombay to Kushtea without being repacked. It appears that the yarn was contained in wooden cases and these wooden cases had gunny coverings as to which there is certain evidence that the coverings were old and torn. On the arrival of the goods, at Kushtea, it was found that, as regards, the first consignment, certain of the goods were damaged and that, as regards the second consignment, certain of the goods-were damaged and certain parts of the contents had been lost.2. The firm of Mr. P.N. Mehta & Co. were sending these goods to the plaintiffs. P.N. Mehta & Co. had a manager or managing director Mr. Parekh. It is quite clear that when the carters brought...
John Carapiet Galstaun Vs. Diana Sarkies
Court: Kolkata
Decided on: Jul-11-1927
Reported in: AIR1928Cal177
Costello, J.1. This originating summons is transferred to the list of suits for hearing. Order for mutual discovery within a fortnight. Inspection thereafter. The matter to appear on the Warning List C a month hence. The issues for determination are to be settled at the hearing.2. Leave given to call evidence other than that of the deponents and to reserve the question of jurisdiction....
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