Kolkata Court November 1928 Judgments
Hason Ali and ors. Vs. Gurudas Kapali and ors.
Court: Kolkata
Decided on: Nov-29-1928
Reported in: AIR1929Cal188
Mallik, J.1. This appeal arises out of a suit for recovery of money on a mortgage bond. Both the Courts below decreed the suit in full. Defendants 2, 4 ka, 4 kha, 4 gha, 4 uma have appealed to this Court.2. There were two points taken before us on behalf of the appellants. First of all it was said that the decree was not sustainable inasmuch as the mortgage bond had not been proved in accordance with law. It appears that at the time of the trial of the suit three of the attesting witnesses were alive and it appears also that the plaintiff called one of these three witnesses and when this witness resiled the plaintiff proceeded to prove the document by other evidence. It was contended before us that as there were other attesting witnesses alive at the time it was incumbent on the plaintiff to try them before he was allowed to prove execution of the document by other evidence. I do not think there is much substance in the contention. As observed before the plaintiff did actually call one...
Tag this Judgment!Nafar Chandra Pal Chowdhury Vs. Jatindra Nath Das and ors.
Court: Kolkata
Decided on: Nov-29-1928
Reported in: AIR1929Cal206
Mitter, J.1. This is an appeal by the plaintiffs landlords and arises out of a suit for arrears of rent on utbandi basis. The defence of the tenants in substance was that some of the lands were patit or khicha or asha lands during the period in suit, that no rent was payable for patit lands and that the rate of rent for khieha lands was 8 annas and for asha lands 6 pies per bigha. The Court of first instance held that the plaintiffs had failed to establish that defendants were liable to pay rent for lands kept patit. The lower appellate Court agreed with the Munsiff.2. A second appeal has been taken to this Court by the plaintiffs landlords and the main contention before me has been that even if it were held that some lands remained patit or khicha or asha during the years under claim the plaintiffs are yet entitled to full rate in respect of those lands inasmuch as the tenants have acquired a right of occupancy therein. It is to be noticed that this grounds on which the plaintiffs sou...
Tag this Judgment!Sati Prosad Garga and ors. Vs. Gobinda Chandra Shee
Court: Kolkata
Decided on: Nov-28-1928
Reported in: AIR1929Cal325
Cuming, J.1. In the suit out of which this appeal arises the plaintiff sued for possession of some eight bighas of land which was specified as settlement dags 823, 918, 919 and 700 and further for a perpetual injunction restraining the defendants from interfering with the plaintiff's possession after a declaration that the entry in the Record-of-Rights is erroneous, ultra vires and not binding on the plaintiff.2. The plaintiff's case is briefly this: That the lands in dispute so far as dags 823, 918 and 919 are concerned were taken settlement of by some five persons so long ago as July 1830. One of these five persons was one Gaya Narayan Shee, the grandfather of the plaintiff ; that the plaintiff inherited the land in suit which formed part of the demised land as heir of his grandfather, and that he and his predecessors in-interest had been in possession all along. With regard to the dag 700 he states that he purchased it from Madhab Kandar in 1316 and had been in possession of the sam...
Tag this Judgment!Sati Prasad Garga and ors. Vs. Gobinda Chandra Shee
Court: Kolkata
Decided on: Nov-28-1928
Reported in: 121Ind.Cas.673
Cuming, J.1. In the suit out of which this appeal arises, the plaintiff sued for possession of some 8 bighas of land which was specified as settlement dags Nos. 823, 918, 919 and 700 and further for a perpetual injunctionrestraining the defendants from interfering with the plaintiff's possession after a declaration that the entry in the Record of Rights is erroneous ultra virus, and not binding on the plaintiff.2. The plaintiff's case is briefly this--that the lands in dispute so far as dags Nos. 823, 518 and 919 are concerned were taken settlement of by some 5 persons so long ago as July, 1850. One of these five persons was one Gaya Narayan Shee, the grandfather of the plaintiff : that the plaintiff inherited the land in suit which formed part of the demised land as heir of his grandfather, and that he and his predecessors-in-interest had been in possession all along. With regard to the dag No. 700, he states that he purchased it from Madhab Kandar in 1316 and had been inposeejgion of...
Tag this Judgment!Amulya Charan Sur Vs. Coral Engineering Works Ltd.
Court: Kolkata
Decided on: Nov-27-1928
Reported in: AIR1929Cal155
Rankin, J.1. This is a case in which a company was registered under the Indian Companies Act and it appears that the plaintiff supplied certain goods to the company. Certain sums became due from the company and the company found it inconvenient to pay in full. Accordingly what happened was that the plaintiff got the bill made out showing how the accounts stood. Certain payments had been made and certain sums were due on a given date, namely 23rd August 1924. There was a debt which was at one time Rs. 372 which had been reduced to Rs. 35-12-0 and there was another, namely, a sum of Rs. 48 of which nothing was paid at all. The document sets out this sum of Rs. 83-12-0 described in this way: ' The above amount Rs. 83-12-0 Eighty three and annas twelve stands as nett dues this day.' Below this there is a one anna stamp upon which the date is put 25th August 1924. By the side of this stamp it is written ' Correct.' Then in a rubber stamp the words ' The Coral Engineering Works Ltd.' and ' d...
Tag this Judgment!Harendra Narayan Chaki Vs. Secretary, Bar Association
Court: Kolkata
Decided on: Nov-27-1928
Reported in: AIR1929Cal196
Suhrawardy, J.1. This rule is directed against an order of the District Judge of Mymensingh declaring the petitioner Harendra Narayan Chaki, a tout under Section 3, Legal Practitioners Act. The point taken on his behalf and seriously pressed by Mr. Talukdar is that there is no evidence and that according to the definition of 'tout' as given in Section 3, the petitioner procures, in consideration of any remuneration, moving from any legal practitioner, the employment of the legal practitioner in any legal business ; or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business.2. The matter has come before us in revision and we have to see if the order of the Court below is unsupportable there being such absence of evidence as to induce us to hold that the order was passed without jurisdiction or with material irregularity.3...
Tag this Judgment!Amulya Charan Sur Vs. the Coral Engineering Works, Ltd.
Court: Kolkata
Decided on: Nov-27-1928
Reported in: 115Ind.Cas.177
George Claus Rankin, C.J.1. This is a case in which a Company was registered under the Indian Companies Act and it appears that the plaintiff supplied certain goods to the Company. Certain sums became due from the Company and the Company found it inconvenient to pay in full. Accordingly what happened was that the plaintiff got the bill made out showing how the accounts stood. Certain payments had been made and certain sums were due on a given date, namely, the 23rd August, 1924. There was a debt which was at one time Rs. 372 which had been reduced to R3. 35-12 and there was another, namely, a sum of Rs. 48 of which nothing was paid at all. The document sets out this sum of Rs. 83-12 described in this way: 'The above amount Rs. 83-12 (eighty-three and annas twelve) stands as nett dues this day.' Below this there is an one anna stamp upon which the date is put 25th August, 1924. By the side of this stamp it is written 'Correct.' Then in rubber stamp the words 'The Coral Engineering Works...
Tag this Judgment!Panchu Gopal Shaw Vs. Emperor
Court: Kolkata
Decided on: Nov-07-1928
Reported in: AIR1929Cal99
Costello, J.1. This was a rule obtained on behalf of one Panchu Gopal Shaw who is said to be the husband of one Sakuntala who is a female child under the age of 16 years. I use the expression 'female child' advisedly because the question that calls for decision in this case depends upon the right interpretation of the word 'girl' as used in Section 4, Calcutta Suppression of Immoral Traffic Act, 1923 which is Bengal Act 13 of that year.2. The matter arises in this way. The learned Magistrate of the Juvenile Court, Calcutta on 11th August of this year made an order that Sakuntala should be detained for six years and her sister Urmila should be detained for ten years in the Greave's Home. These periods were based upon the facts that in the case of Sakuntala her age was 12 years and in the case of Urmila some two years less. The Magistrate is obviously desirous that these two children should remain in the home until they attain the age of 18 years. The Magistrate made the order because, a...
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