Kolkata Court December 1930 Judgments
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Kalidas Rakshit Vs. Keshablal Majumdar
Court: Kolkata
Decided on: Dec-16-1930
Reported in: AIR1931Cal788
C.C. Ghose, J. 1. This appeal, subject to what is stated below, must be dismissed. Before we go into the facts, giving rise to this appeal, it might be convenient to dispose of one small point at the outset. The suit, out of which this appeal has arisen, was one for ascertainment of mesne profits. How the claim for mesne profits arose will be detailed below. It appears that, as against defendant 5, who represents the well-known Syedpur Trust Estate of the Khulna Collectorate,' after the decree had been had in the primary Court, the matter in dispute between the plaintiffs and defendant 5 was settled. That being so, the present appellant has no-cause of action of any description against respondent 10, who was defendant 5 in. the trial Court. The appeal against respondent 10 will therefore stand dismissed with costs.2. It appears that some time in 1902, the predecessor of the present plaintiffs instituted an action for recovery of possession of certain lands and for some mesne profits. T...
Purna Chandra Saha Vs. Hyder Ali Patari and ors.
Court: Kolkata
Decided on: Dec-15-1930
Reported in: AIR1932Cal88
1. I have the honour to submit for the decision of the Hon'ble High Court under Order 46, Rule 1, Civil P.C., the following points which have arisen on the hearing of Bent Suit No. 419 of 1930 of this Court: Purna Chandra Saha v. Hydar Ali Patari.2. In this suit the plaintiff seeks to recover rent as a fractional landlord in respect of a permanent mukarari tenure at the rate of Rs. 8-1-0 per year in his share for the years 1333 to 1336, cesses thereon at six pies in the rupee and interest on the arrears at the rate of three per cent per mensem. The total claim amounts to Rs. 45-9-0 only. The evidence makes out the claim. The only point that raises difficulty is whether the plaintiff can recover interest at the rate of three per cent per mensem. The plaintiff's claim of interest at this rate is based upon a stipulation in the kabuliyat (Ex. l) executed by the defendants' predecessor on 21st Chait, 1284 B.S. But whether this contract can be given effect to in view of the provision of Sec...
Mafat Lal Gogal Bhai Vs. B.B. and C.i. Ry. Co. Ltd. and anr.
Court: Kolkata
Decided on: Dec-15-1930
Reported in: AIR1931Cal489
1. The question involved in this appeal is what is the precise meaning and effect of a risk-note, being risk-note 'A,' signed in circumstances detailed below. It appears that one package of 54 bales of piece goods was consigned by one Monilal Barilal to the plaintiff under Invoice No. 12, dated 14th September 1923. A further package of 58 bales of piece goods was consigned by the same consignor to the plaintiff under Invoice No. 14 on 21st September 1923. Both the consignments were from Nadiad Station on B. B. & C. I. Ry., to Sealdah on the E.B. Ry. They were carried in a through wagon which reached Sealdah on 6th or 7th October 1923. On arrival of the consignment, it was found that 12 bales out of the consignment of 54 bales and 25 bales out of the consignment of 58 bales had been damaged. Thereupon the plaintiff took delivery of the non-damaged bales only. After a survey had been made of the damaged bales, the plaintiff took delivery of the damaged bales and then gave the usual notic...
Bikramkishore Manikya Vs. Ali Ahmad
Court: Kolkata
Decided on: Dec-15-1930
Reported in: AIR1931Cal734
Rankin, C.J.1. In these cases, an application has been made by the solicitors, who acted in England for some of the respondents, in certain Privy Council appeals, which were dismissed. The appellants brought a great many appeals and those involved the same points and were determined by the same judgment. In this Court, the appellants wanted one sot of security, as it is called, to be accepted for all. the appeals. The order made was that Rs. 4,000 should be put in the first appeal and Rs. 2,000 in respect of all other appeals; but it is quite clear that the Rs. 6,000 was to be the security that was to cover all the appeals. What has happened is that the respondents were apparently not able to put their lawyers in funds to pay the hill of costs which this firm of solicitors had taxed before the Privy Council amounting to 480 7s. 5d. Accordingly, the solicitors apply to this Court that the Rs. 6,000 security deposited here be paid out to them in satisfaction of the sum of 480 7s. 5d. Thi...
Mafat Lal Gogal Bhai Vs. the Bombay Baroda and Central India Railway C ...
Court: Kolkata
Decided on: Dec-15-1930
Reported in: 131Ind.Cas.31
1. The question involved in this appeal is what is the precise meaning and effect of a Risk Note, being Risk Note 'A', signed in circumstances detailed below. It appears that one package of 54 bales of piece-goods was consigned by one Monilal Barilal to the plaintiff under Invoice No. 12 dated 14th September, 1923. A further package of 58 bales of piece-goods was consigned by the same consignor to the plaintiff under invoice No. 14 on the 21st September, 1923. Both the consignments were from Nadiad Station on the B.B. and C.I. Railway to Sealdah on the E.B. Railway. They were carried in a through wagons which reached Sealdah on the 6th or 7th October, 1923. On arrival of the consignment, it was found that 12 bales out of the consignment of 54 bales and 25 bales out of the consignment of 58 bales had been damaged. Thereupon the plaintiff took delivery of the non-damaged bales only. After a survey had been made of the damaged bales, the plaintiff took delivery of the damaged bales and th...
Maijuddi Hazi Vs. Moulvi Tofailaddi
Court: Kolkata
Decided on: Dec-12-1930
Reported in: AIR1932Cal20
1. The alleged lunatic in this case is one Dengar Sheikh. The respondent, one Moulvi Tofailaddi, a paternal cousin of the second degree (his grandfather and Dengar Sheikh's grandfather having been two brothers) applied on 26th May 1928 in the Court of the District Judge of Faridpur for an order for his own appointment as guardian and manager of the person and properties of Dengar Sheikh and for an order for sale of a portion of his properties for his maintenance, on the allegation that the said Dengar Sheikh was a lunatic. The application was a verified one. He named in the application the two daughters of Dengar Sheikh as his relations, and notices were served on them. The District Judge, on 25th September 1928 ordered a commission to issue on the Munsif, first Court, Madaripur, for inquiry and report as to the mental condition and capacity of the. alleged lunatic. The appellant, a cousin brother of Dengar Sheikh (being his father's sister's eon), and another daughter of Dengar Sheikh...
Satkarhi Bhattacharya Vs. Hazarilal Khanna
Court: Kolkata
Decided on: Dec-12-1930
Reported in: AIR1932Cal44
Mitter, J.1. This is a suit for the construction of the will of Kananbala Debi, who was sister of the plaintiff, and who died on 5th November 1918, for a declaration that the plaintiff is entitled to the whole of the estate of his deceased sister subject to the pecuniary legacies mentioned in the said will, for recovery of possession of premises No. 12, Maniktola Lane, Calcutta, and 157-A (157), Masjidbarhi Street, Calcutta, and for an account of the said estate on the basis of wilful neglect and default.2. On the question of the construction of the will, the real contention on behalf of the plaintiff is that Clause 5 of the will is void and inoperative, as there is no valid bequest for charitable purposes. The defendants contend, on the other hand, that, on the construction of the will, it should be held that there is a valid gift to charity.3. The suit came on for hearing before my learned brother Buckland, J., on 6th May 1930, but my learned brother adjourned the hearing of the matt...
Rabindra Nath Chakravarthi Vs. Jnanendra, Mohan Bhaduri and ors.
Court: Kolkata
Decided on: Dec-11-1930
Reported in: AIR1932Cal9
1. This is an appeal by a decree-bolder from an order upholding the judgment-debtors' objection under Section 47, Civil P.C., and dismissing the application for execution. The Court below has held that; the decree sought to be executed was passed without jurisdiction and was therefore a nullity.2. Disputes having arisen over the provisions of a will left by one Rajendra Lal Goswami, which was proved on 19th December 1917, there was an arbitration . held by the late Mr. B. Chakravarti under the Arbitration Act, and Mr. Chakravarti made his award on 29th July 1918. On the award being filed there were two petitions filed by the parties before the Court, the original side of the High Court, containing certain terms of settlement amongst themselves, in accordance with which the parties wanted the award to be varied. The learned Judge sitting on the original side thereupon made a decree in which it was declared that ' the said award as modified by the terms of settlement ought to be carried ...
Kumar Gocool Chandra Law and anr. Vs. Matilal Ghose and ors.
Court: Kolkata
Decided on: Dec-11-1930
Reported in: AIR1931Cal553
1. The facts giving rise to these appeals, shortly stated, are as follows : Raja Krishna Das Law was the owner of certain properties in the district of Jessore. There were settlement proceedings some time ago and a Record-of-Bights was prepared. Thereafter there were cases under S3. 105 and 105-A, Ben. Ten. Act, at the instance of the landlord the result of which was that certain lands were held to be trial or rent-paying. The date of the decision in Sections 105 and 105-A cases is 13th August 1921. Under Section 107, Ben. Ten. Act, the decision in the said cases had the force and effect of a decree of a civil Court in a suit between the parties subject however to the provisions of Section 108 and Section 115 C, Ben. Ten. Act. Raja Kristodas Law died on 16th November 1921 but it appears that the fact of his death was not known to the settlement authorities. A proceeding under Section 108 was drawn up by the Settlement Officer for revising the orders under Section 105 and 105-A, Ben. Te...
Rajlakshi Dassi Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Dec-11-1930
Reported in: AIR1931Cal557
1. The facts involved in these appeals shortly stated are as follows: The properties described in the schedules to the plaints in the suits out of which these appeals have arisen belonged to one Raj Ballav Sil. They are all situate within the jurisdiction of the Corporation of Calcutta. Raj Ballav died and his son Jogendra inherited the properties. Jogendra died leaving him surviving his widow Katyani and a daughter named Rajlakshi Dasi. After Jogendra's death the widow Katyani succeeded her husband and was in possession of the properties. She made default in paying the municipal rates and taxes due in respect of the said properties. The Corporation of Calcutta thereupon instituted the present suits for recovery of the arrears of races and taxes. Katyani died after the institution of the suits. Her daughter Rajlakshi has been substituted in her place on the record.2. She contends that she is now in possession of the premises as reversioner to the estate of her father and not as heiress...
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