Kolkata Court February 1930 Judgments
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Ramanath Karmakar Vs. Sheikh Asanulla
Court: Kolkata
Decided on: Feb-11-1930
Reported in: AIR1931Cal42
Mukerji, J.1. The appellant as plaintiff sued the respondent as defendant on a mortgage and having obtained a decree ex parte, purchased the mortgaged property in execution thereof, and upon confirmation of the sale, obtained delivery of possession on 20th October 1918. The respondent then instituted a suit for declaration of title to the property so purchased, assailing the ex parte mortgage decree as vitiated by fraud. He obtained an ex parte decree and recovered possession of the property in May 1926. The ex parte mortgage decree which the appellant had obtained having thus been set aside, the original mortgage suit was restored and retried and was again decreed, this time on contest, on 1st March 1928. In the course of this retrial the respondent prayed for an account being taken of the profits enjoyed by the appellant during his possession of the property from 20th October 1918 to the date in May 1926 when the respondent had regained possession. The Court left the question of the ...
Sm. Asalata Roy Vs. Society for the Protection of Children of India
Court: Kolkata
Decided on: Feb-10-1930
Reported in: AIR1930Cal397
Guha, J.1. The facts leading up to and relevant for the purposes of this appeal may be briefly stated. On 13th March 1928, Srimati Ashalata Roy made an application to the Court of the District Judge, 24-Parganas, for being appointed guardian of the person and property of her minor brother Stub Ram Nandi. The minor on his own statement made on 6th December 1928 is now over 14 years of age. Notice of the application was in due course served on the relatives named in the application and consent was given to the appointment of the applicant as guardian by the four maternal uncles of the minor. The father's sister of the minor who was also served with the notice of the application filed a petition of objection, on which the application for guardianship was amended, by the inclusion of the moveable property belonging to the minor, and from the order recorded in the order-sheet on 4th July 1928 it appears that the petition of objection was not pressed further. There is, however, on the record...
(Haji) Vali Mohomed Ayoob Vs. Shamdeo Gopiram
Court: Kolkata
Decided on: Feb-10-1930
Reported in: AIR1930Cal774
C.C. Ghose, J.1. The only question which arises in this appeal is whether an arbitration clause to be found in a contract between the Japan Cotton Trading Go. Ltd., and Messrs. Shamdeo Gopiram was imported into the contract under which the plaintiff in the case bought the goods referred to in the plaint from the defendants Messrs. Shamdeo Gopiram.2. On or about 7th September 1927, the plaintiff purchased from the defendants 100 bales of grey cotton yarn at the rate of Rs. 5 per bundle. The plaintiff alleged that it was a verbal contract and that the defendants in breach of the contract failed and neglected to deliver the goods. The defendants alleged that it was a written contract and was duly entered in the sowda book of the defendants and that the plaintiff had signed the same. They also stated, that they were ready and willing to deliver the goods to the plaintiffs at all material times.3. The sowda entry referred to above was in these terms:100 gold to Haji Wali Mahomed Ayub, throu...
Syed Sadeq Reza Vs. Nawab Asaf Kader Syed
Court: Kolkata
Decided on: Feb-10-1930
Reported in: AIR1931Cal268
1. This rule was obtained at the instance of the defendant in a suit pending in the Court of the Subordinate Judge at Maldah. The plaintiff opposite party brought a suit for cancellation of an ijara lease on several grounds, for the determination of the lease by a notice to quit and for mesne profits. The suit was brought on 11th April 1929. On 20th June 1929 the defendant filed his written statement and issues were framed on 6th July 1929. On 15th August 1929 the plaintiff applied for amendment of the plaint on the ground that by mistake he had left out certain portion of the claim, namely the claim for cesses, and that he might be given a decree for rent. That amendment was allowed and the plaintiff's claim was raised by about Rs. 1,000. On the next date of hearing, that is on 9th September 1929, the plaintiff applied to withdraw his claim for ejectment on the ground that there was a formal defect in the notice to quit which he had served on the defendant. The learned Judge was of op...
In Re: Horst Guderian
Court: Kolkata
Decided on: Feb-10-1930
Reported in: AIR1931Cal474
Rankin, C.J.1. In this matrimonial suit by the husband, the learned Judge on the original side at the first instance gave a decree assessing the damages payable by the co-respondent at Rs. 12,500. That was on 3rd April 1928. The form of the order was to the effect that the petitioner was entitled to the sum of Rs. 12,500 as damages from the said co-respondent andIt is further ordered and decreed that the correspondent do within three weeks from the data hereof pay into Court to the credit of this suit the said sum of Rs. 12,500 to be held until the further order of this Court.2. The co-respondent did not, in fact, pay into Court, pursuant to that order, the sum of Rs. 12,500. On the contrary, he applied to the Court of appeal, on 17th May 1928, and asked for a stay of execution. By the order of 17th May 1928, he was given a stay of execution and the terms of that order have been insisted upon by Mr. B. K. Ghosh and Mr. A. K. Boy as important for the purpose of the question immediately ...
Haji Vali Mahomed Ayoob Vs. Shamdeo Gopiram
Court: Kolkata
Decided on: Feb-10-1930
Reported in: 128Ind.Cas.333
Charu Chunder Ghose, J.1. The only question which arises in this appeal is whether an arbitration clause to be found in a contract between the Japan Cotton Trading Company, Ltd, and Messrs. Shamdeo Gopiram was imported into the contract under which the plaintiff in this case bought the goods referred to in the plaint from the defendants--Messrs. Shamdeo Gopiram.2. On or about the 7th September, 1927, the plaintiff purchased from the defendants 100 bales of grey cotton yarn at the rate of Rs. 5 per bundle. The plaintiff alleged that it was a verbal contract and that the defendants in breach of the contract failed and neglected to deliver the goods. The defendants alleged that it was a written contract and was duly entered in the Sowda Book of the defendants and that the plaintiff had signed the same. They also stated that they were ready and willing to deliver the goods to the plaintiffs at all material times.3. The Sowda entry referred to above was in these terms: ''100 sold to Haji Wa...
Bala Baksh Bhararia and anr. Vs. AmiruddIn Mian and ors.
Court: Kolkata
Decided on: Feb-07-1930
Reported in: AIR1930Cal700
1. The facts of this case are that the petitioner brought a suit on a mortgage bond against the opposite party. The suit was decreed ex parte. Thereafter opposite parties 2 and 3 applied to the trial Court to have the ex parte decree set aside. That application succeeded and the decree passed against all the defendants was set aside. This rule was obtained on the ground that the trial Court was wrong in setting aside the entire decree including that portion of it which was passed against opposite party 1.2. It appears that the mortgage bond on which the suit was based was executed by opposite party 1 for himself and on behalf of his minor brother Samiruddin who is now dead and through whom opposite parties 2 and 3 claim. The suit was brought on the basis of the bond against the defendant opposite party 1 as well as against the heirs of Samiruddin defendants 2 and 3. The decree prayed for was a joint decree against all the defendants and the decree passed in the suit was against all the...
Jnananjan Niyogi Vs. Emperor
Court: Kolkata
Decided on: Feb-06-1930
Reported in: AIR1930Cal363
Pearson, J.1. The accused Jnananjan Niyogi has been charged under Section 124-A, I.P.C., in regard to a speech made by him on 16th June last at Hazra Park, Bhowanipur. He has been convicted and sentenced to rigorous imprisonment for one year, and against that he now appeals.2. As stated by the learned Magistrate the evidence shows that the meeting lasted from about 6-30 to 9p.m., that about 4000 persons attended composed mostly of young men and students, and about 100 volunteers dressed in a khaki uniform also attended. The occasion was a gathering in memory of the late Mr. C.R. Das.3. The speaker begins by reminding his audience of the faith that Mr. Das had had in the nation, and his belief in its future, his desire to build up its strength; that the people of this country would be able to bring about a revolution on the face of the earth; that possessed with a new idea the Bengalis would be able to create that revolution. At first, he goes on, no one would accept himbut the force of...
Ananga Mohan Roy Choudhury Vs. Khaje Habibulla
Court: Kolkata
Decided on: Feb-06-1930
Reported in: AIR1931Cal673
Mitter, J. 1. These two appeals arise out of two suits brought by the plaintiff against the tenants under a patni in which the plaintiff claims to hold an eight annas share. To the suits Nawab Habibulla and others have been added as parties defendants as they are said to have purchased the eight annas interest in the patni of the other cosharers. It appears that the defendants Habibulla and others are the proprietors of an estate under which there was a patni which was held by one Abinash Chandra to the extent of eight annas share and Kiron Bala to the extent of the other eight annas. Abinash died leaving a will by which Kumudini is said to have obtained absolute interest in the patni. Abinash left behind him a son Abani and a grandson Ananga who is the plaintiff in these two suits. Kumudini dedicated eight annas of the property by a will to an idol Mahadeb which was installed by her and appointed the plaintiff-appellant as the shebait of. the deity. Nawab Habibulla and others brought ...
Jessop and Co. Ltd. Vs. District Board of Monghyr
Court: Kolkata
Decided on: Feb-05-1930
Reported in: AIR1931Cal423
Buckland, J.1. This is a suit brought by Messrs. Jessop & Co. Ltd., against the District Board of Monghyr and Ramadin Chaudhuri, a contractor, carrying on business at Monghyr, to recover the sum of Rs. 2,233 4-0 as the price of goods sold and delivered.2. The defendant, Ramadin Chaudhuri, is dead. His heirs have not been made parties to the proceedings, and relief is only claimed against the District Board of Monghyr.3. The goods in respect of which the claim is made are 100 barrels of cement, referred to in para. 1 of the plaint, and the iron beams, referred to in para. 2 of. the plaint. The iron referred to in para. 1 of the plaint was not supplied. Curiously enough, the bill submitted for payment for the goods supplied did not include this iron, and the amount claimed in the suit, which I am informed has been taken from the bill, does not require alteration by reason of the abandonment of that part of the claim.4. The District Board of Monghyr deny liability. They deny that the good...
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