Kolkata Court May 1928 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.
Ram Chandra Saha and ors. Vs. Lakshmi Kanta Saha and ors.
Court: Kolkata
Decided on: May-15-1928
Reported in: 111Ind.Cas.19
C.C. Ghose, J.1. In these appeals the defendants Nos. 1, 2 and 3 are the appellants before this Court. The plaintiffs in the two suits out of which these sppeals have arisen and the defendant No. 1 are co-sharers in respect of the lands in suit. These lands were formerly in the occupation of certain tenants. The latter abandoned their holdings and repudiated their tenancies. It is alleged that, during the Battlement operations in the District where the lands are situate, the defendant No. 1 got his name recorded as purchaser of the holdings. The Record of Rights was finally published on the 20th October, 1919. The plaintiffs contend that the holdings being non-transferable without the consent of the landlords, the defendant No. 1 acquired no rights whatsoever as against the plaintiffs, and in the events that have happened the plaintiffs are entitled to joint khas possession of the lands in accordance with their shares. The two other defendants are other co-sharer landlords of the holdi...
Siva Prosad Saw and anr. Vs. Bhadramoni Dassi
Court: Kolkata
Decided on: May-14-1928
Reported in: AIR1929Cal93,114Ind.Cas.139
1. This appeal has arisen out of a suit for recovery of possession of certain properties on establishment of the plaintiff's title thereto and for certain other reliefs. The properties in suit comprised a large number of cadastral survey plots of which one only, namely, cadastral survey plot No. 521, need be specially mentioned in view of the contentions that have been urged in connexion with the appeal. The trial Court decreed the suit in part declaring the plaintiff's title to-plot No. 521 and directed that the plaintiff would recover possession of the said plot from the defendants on payment of Rs. 100 to the latter as compensation An appeal was preferred by the plaintiff, and a cross-appeal by the defendants; from the decision of the trial Judge. The learned Additional District Judge has decreed the plaintiff's appeal and dismissed the cross-appeal, thereby decreeing the plaintiffs' suit in full. The defendants have thereupon preferred this second appeal.2. It is necessary to state...
Tunga Bidya Devi and ors. Vs. Panna Sashi Devi and ors.
Court: Kolkata
Decided on: May-11-1928
Reported in: AIR1928Cal556,117Ind.Cas.676
1. This is an appeal by the plaintiffs against the decree of dismissal of their suit which was for recovery of arrears of maintenance under the terms of a compromise that had been entered into between the predecessor of the defendants and a certain Mahatap Mukherjee. This Mahatap Mukherjee had two wives and one of them claimed the whole of a certain property under a gift. There was a suit in which Mahatap sought to set aside the alleged gift. The suit was compromised and in the compromise it was agreed that a certain sum should be paid annually by the first wife and her successor to Mahatap and after him to the other wife, if she survived him, and to her heirs and successors. Mahatap died and was succeeded by the second wife who enjoyed the maintenance; and when she died she made a will, appointing the plaintiffs as executors and also making one of them the beneficiary under the will. The plaintiffs have therefore sued to recover the arrears of maintenance. The learned Court of appeal ...
Rakhal Chandra Chakladar and ors. Vs. Baikuntha Nath Barai and ors.
Court: Kolkata
Decided on: May-11-1928
Reported in: AIR1928Cal874,117Ind.Cas.687
1. The only question that has been canvassed in this case is with regard to the validity of the tender of rent made by the defendants. The plaintiffs brought a suit for rent on the basis of a kabuliat executed before the Bengal Tenancy Act came into force in which interest on arrears of rent was stipulated at one anna per rupee per month. The plaintiffs claimed interest at half anna per rupee and damages and costs. The only defence with which we are now concerned is that the rent was sent to the plaintiffs by money orders which were refused and, therefore, they are not entitled to claim interest. The trial Court held that the tenders were not good and allowed the plaintiffs' claim in full and half-costs. Defendants 3 and 4 appealed and the learned Subordinate Judge was of opinion that the tenders were good and. effective and dismissed the plaintiffs' claim for interest, allowing him a decree for the rent and cesses claimed.3. The plaintiffs have appealed and it is contended on their be...
Superintendent and Remembrancer of Legal Affairs Vs. Srish Chandra Ray ...
Court: Kolkata
Decided on: May-10-1928
Reported in: AIR1928Cal653
1. No. 299. In this case what happened is this: The opposite party No. 1 was tried before the Additional Sessions Judge of Tippera and a jury under Section 302, I.P.C. for having murdered his wife. The case for the defence was that the opposite party No. 1 at the time he committed the act in question was of unsound mind and therefore incapable of knowing what he was doing or that it was wrong or illegal. The jury returned a unanimous verdict of not guilty. In answer to a question put by the learned Sessions Judge to the jury, the foreman stated that the jury were of opinion that the opposite party No. 1 had killed his wife but that he was insane and incapable of knowing what he was doing. The learned Judge agreeing with the verdict of the jury acquitted the accused by his order dated 11th January 1928. He was of opinion that at the date of the aforesaid order, that is, 11th January 1928, the opposite party No. 1 was same and he accordingly directed that he should be kept in the safe cu...
The Official Trustee of Bengal Vs. Gobardhan Guchait and ors.
Court: Kolkata
Decided on: May-10-1928
Reported in: 118Ind.Cas.357
B.B. Ghose, J.1. These two appeals arise out of two suits. One (Appeal No. 2034 of 1925) was brought by the respondents for declaration of their right to certain lands as shebaits and also for a declaration that the Record of Rights is null and void. The other Appeal No 2035 of 1925 arose out of a suit brought by the appellants as plaintiffs for recovery of rent with regard to those very lands. Both the suits were tried together and the learned Judge modified the judgment and decree of the Subordinate Judge. The result was that he decreed the suit of the respondents and dismissed the rent suit of the appellants in the other appeal.2. The substantial point argued before us by the learned Advocate for the appellants is that the title suit was under-valued. He took the plea before the Munsif. The learned Munsif, however, refused to take evidence on the ground that the plaintiffs were entitled to put their own valuation to the suit and as they had valued it at Rs. 100 the Court had nothing...
Adam Ali and anr. Vs. Chandu Molla and ors.
Court: Kolkata
Decided on: May-09-1928
Reported in: AIR1928Cal876,117Ind.Cas.696
B.B. Ghose, J.1. This is an appeal on behalf of the plaintiffs in an action in ejectment on the ground that defendant I has purchased a portion of a non transferable occupancy holding which originally belonged to one Azimuddin Bepari as appertaining to estate No. 8376. The Subordinate Judge has found that the original jote of Azimuddin consisted of six plots of land. Out of these, three plots were sold by Azimuddin in 1908 to one Kinu Mundle. These three plots were again purchased by defendant 1 in 1913. The plaintiffs had one ganda share in the taluk No. 8376. There was a partition of the taluk among the cosharers under the Estates Partition Act; and the portion of the holding consisting of the three plots which defendant 1 had purchased was allotted to the share of the plaintiffs by virtue of the partition. The plaintiffs brought this suit in November 1922 on the allegation that defendant 1 was a trespasser on the land and that they were entitled to eject him on that ground. The Muns...
Fedu Sheikh and ors. Vs. Emperor
Court: Kolkata
Decided on: May-09-1928
Reported in: 117Ind.Cas.862
1. In this case the petitioners were charged under Sections 147 and 366 of the Indian Penal Code. As regards the charge under Section 366 it ran as follows:That you on or about the night of the 12th day of June, 1927, at Dasora Ambori Village kidnapped Tola Bibi, a woman with intent that she may be compelled to marry against her will or may be forced to illicit intercourse and thereby committed an offence punishable under Section 366 of the Indian Penal Code....2. The learned trial Judge directed the Jury that the portion of Section 366 relating to the intention of compelling the girl to marry against her will did not apply in the present case and without amending the charge under Section 147, Indian Penal Code left to the Jury the case with regard to that charge, and with regard to the question of guardianship the learned trial Judge did not charge the Jury at all but towards the end of the charge he told the Jury as follows:3. 'If she is 14 or below 16 and if you believe the evidence...
Nuddea Mills Co., Ltd. Vs. Sidheswar Chatterjee and ors.
Court: Kolkata
Decided on: May-08-1928
Reported in: AIR1929Cal33
1. This appeal arises out of a suit brought by the plaintiff-respondent against the appellant company and the Naihati Municipality for a declaration of the plaintiff's right of way over a certain public road called Radhaballav Road and for other consequential reliefs. The plaintiff's case is that long ago a temple was built and dedicated by one of his ancestors on Radhaballav Road, a little away from another public road called Ferry Fund Road connected by Radhaballav Road. The plaintiff further claimed easement of necessity over the road. He sought for a further declaration that the act of the Municipality in closing up the road was ultra vires and also for a permanent injunction restraining the defendants from interfering with his right of way over the road to reach the temple and for a direction on the appellants to remove obstructions put by them across the road. The facts are that there was a road called Radhaballav Road leading from Perry Fund Road westward to the Hooghly; there w...
Pramatha Nath Das Bairagi Vs. Champa Dasi
Court: Kolkata
Decided on: May-07-1928
Reported in: AIR1929Cal473,118Ind.Cas.353
Mitter, J.1. This is plaintiff's appeal and arises out of a suit in ejectment. Plaintiff's case is that the defendant holds under him the disputed land as a thika tenant at an annual rental of Rs 5-15-0 and that notice to quit was duly served upon him asking the defendant to vacate by the end of the Bengali year 1330 and that, as the defendant had not vacated the disputed land, the present suit was instituted. The defence of the defendant is that the land in suit is the land which he holds in permanent tenancy and at a fixed rental. He also raised the contention with regard to the validity and sufficiency of the notice. The Court of first instance held that the tenancy of the defendant was a precarious tenancy and as the notice was a six months' notice expiring by the end of the tenancy it was quite sufficient. The Munsif, accordingly, granted a decree to the plaintiff for khas possession of the land described in the plaint. An appeal was taken by the defendant to the Court of the Subo...
- ‹ Prev
- 1
- 2
- 3
- 5
- Next ›
- Last »