Kolkata Court March 1930 Judgments
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imperial Bank of India Vs. Bengal National Bank Ltd.
Court: Kolkata
Decided on: Mar-18-1930
Reported in: AIR1931Cal223
Rankin, C.J. 1. The Imperial Bank of India appeals from an order dated 26th August 1929 made by my learned brother Buckland, J., upon an application for directions made by the liquidators in the winding up of the Bengal National Bank Ltd. In May 1923 the Imperial Bank advanced to the Bengal National Bank Rs. 10,00,001) upon the security of a debenture dated 4th May 1923 which purported to charge, the whole undertaking, proper ties, assets and interests, present and future, including the 'uncalled capital, of the borrowing bank for the repayment of the loan with interest. In July of the same year, the Imperial Bank made a further loan of Rs. 10,00,000 upon the security of a debenture dated 4th August 1923 which also created a charge upon the whole of the undertaking, properties, assets and interests, present an 1 future, including the uncalled capital of the borrowing bank. These debentures were duly registered under the Companies Act with the Registrar of Joint Stock Companies, but nei...
Nagi Mamud Pramanik and ors. Vs. Ahammad Idris Khan and ors.
Court: Kolkata
Decided on: Mar-18-1930
Reported in: AIR1931Cal303
Mitter, J.1. These are 20 appeals and arise out of as many applications brought by the respondent landlords under Section 105, Ben. Ten. Act, for settlement of fair and equitable rent. It appears that in the Record-of-Rights the defendants-appellants in each of these proceedings. were recorded as occupancy raiyats. The landlords consequently instituted these proceedings under Section105 for settlement of fair and equitable rent in respect of each of these tenancies and asked for enhancement of rent on the ground of rise of price of staple food crops under Section 30 (b), Ben. Ten. Act. It appears that in each of these tenancies-separate kabuliyats had been executed in favour of the landlords by the tenants. But the kabuliyats are in respect of lands which form the undivided share of the entire lands which are held under three-sets of cosharers of which the landlords who instituted these proceedings are one and have got only a third share in each of these holdings; the remaining landlor...
Chainta Dasya Vs. Bhalku Das
Court: Kolkata
Decided on: Mar-17-1930
Reported in: AIR1930Cal591
Graham, J.1. This is an appeal by the plaintiff from a decision of the Subordinate Judge of Jalpaiguri reversing a decision of the Munsif, 2nd Court, Jalpaiguri, and arises out of a suit brought by the plaintiff to set aside a kabala on the ground that it was obtained by fraud, misrepresentation and undue influence. The plaintiff was a tenant of the defendant and her case was that she was tricked into executing a document which aha believed to be a mortgage bond on a representation made by the defendant that he had got a decree against her for Rs. 500 and that upon that pretext the document was executed by her. It proved however eventually to be a kabala whereby she disposed of her entire properties including her homestead. The defence was that the kabala in question was executed for good consideration which consisted of : (1) a debt of Rs. 117 due in respect of two bonds; (2) a debt for arrears of rent and (3) a sum of Rs. 112 odd in cash. The trial Court upon a consideration of the e...
Kedar Nath Sanyal and ors. Vs. Naresh Chandra Ghosh and ors.
Court: Kolkata
Decided on: Mar-17-1930
Reported in: AIR1931Cal29
Suhrawardy, J.1. This appeal by the defendant arises out of a suit for declaration of title and for permanent injunction restraining the defendant from taking possession of certain lands allotted to him under proceedings taken under the Estates Partition Act of 1897 B. C. The facts are that Touzi. No. 4342 Mauza Jabra which was under partition by the Collector of Dacca comprises two chaks, Banda Tan Chak and Banda Dop Chak. The plaintiff had four annas odd share in the mauza. He purchased a four annas share of a former proprietor in the Banda Dop Chak. Before the partition was carried out he laid claim to the four annas share in the Banda Dop Chak. The Deputy Collector in charge of the partition found that as a matter of fact the plaintiff had an eight annas odd share as recorded in the settlement record which also showed plaintiff's possession to the extent of eight annas odd share of the Dop Chak. But as he found that in the D Register in the Collectorate, which I understand is the L...
Mt. Kshirodamoyi Dasi and anr. Vs. Kashi Lal Seal and ors.
Court: Kolkata
Decided on: Mar-17-1930
Reported in: AIR1931Cal129a
Rankin, C.J.1. In this case, the plaintiffs bring their suit upon a personal covenant of indemnity contained in an instrument being a dead of patta executed by one Hira Lal Seal and others on 5th Pous 1268 B. S. It appears that certain persons of the name of Sett and certain persons of the name of Seal had each a holding paying revenue to Government and by the deed which is now before us, the Seals gave a lease of their holding to the predecessor of the plaintiffs for a period of 99 years. As part of the same transaction, the plaintiffs' predecessor gave a lease to the Seals on the same terms. The areas were about equal and the yearly rent was in each case Rs. 16. This rent was never actually paid so far as one can discover but was set off one against the other. It turns out that in 1906, the Seals appear to have ceased to be entered in the Collectorate as the holders of this revenue-paying property and, in their place, one Biswas was recorded as the proprietor and it seems that he def...
Chinta Dasya Vs. Bhalku Das
Court: Kolkata
Decided on: Mar-17-1930
Reported in: 128Ind.Cas.108
Graham, J.1. This is an appeal by the plaintiff from a decision of the Subordinate Judge of Jalpaiguri reversing a decision of the Munsif, Second Court, Jalpaiguri and arises out of a suit brought by the plaintiff to set aside a kobala on the ground that it was obtained by fraud, misrepresentation, and undue influence. The plaintiff was a tenant of the defendant and her case was that she was tricked into executing a document which she believed to be a mortgage-bond on a representation made by the defendant that he had got a decree against her for Rs. 500 and that upon that pretext the document was executed by her. It proved, however, eventually to be a kobala whereby she disposed of her entire properties including her homestead. The defence was that the kobala in question was executed for good consideration which consisted of (1) a debt of Rs. 117 due in respect of two bonds; (2) a debt for arrears of rent and (3) a sum of Rs. 112 odd in cash. The trial Court upon a consideration of th...
Emperor Vs. Chintamoni Shahu
Court: Kolkata
Decided on: Mar-17-1930
Reported in: AIR1930Cal379a
1. This is a reference under Section 307, Criminal P.C., by the Additional Sessions Judge of Hooghly in a case where the accused was acquitted by the unanimous verdict of the jury upon charges under Section 302 and Section 392 read with Section 397, I.P.C., in connexion with the death of Gyanodamoyee Dassi.2. According to the evidence for the prosecution one Kali Charan Ghose had a house at Moheshpur where he resided along with his mother Gyanodamoyee, the deceased, and the accused Chintamani who was their servant. The house consisted of two rooms and verandah; in one room Kali used, to sleep, in the other his mother. There was also a corrugated iron cowshed, in part of which the accused used to sleep and a thatched cowshed and cookshed. On 24th April 1929, Kali with a neighbour Dulal Ghose went to the house of one Sarat Ghose in another village for a marriage ceremony and stayed the night, leaving his mother and the accused at home. On the following day Kali went to his father-in-law'...
Esahaque Miah and anr. Vs. Dulah Miah Patwari
Court: Kolkata
Decided on: Mar-12-1930
Reported in: AIR1931Cal87,129Ind.Cas.855
Graham, J.1. This is an appeal by defendants 1 and 6 from a decision of the First Additional Subordinate Judge of Noakhali, confirming a decision of the Munsiff, Second Court, of Lakhipur and arises out of a suit brought by the plaintiff, now respondent, for a declaration of his raiyati right to certain lands included in Khatian No. 471 of Chur Mohana and for khas possession of the same after service of notice under Section 49, Ben. Ten. Act. Under that raiyati there was an osat-raiyati, or under-raiyati, in the name of Fazler Rahaman the predecessor of the defendants at an annual rental of Rs. 41-4. The plaintiff's ease was that he had determined the said under-raiyati by a notice to quit served upon Fazler Rahaman on 30th April 1921. Fazler Rahaman died in Bhadra 1329 B. S. (1922). According to the plaintiff the osat-raiyati right is not heritable, no occupancy right can be acquired therein and the defendants have no interest in the land. Neither Fazler Rahaman nor his heirs were at ...
Benod Kumar Roy Chowdhury and ors. Vs. Ganga Charan Mestari and ors.
Court: Kolkata
Decided on: Mar-11-1930
Reported in: AIR1930Cal595
1. This appeal arises out of a suit brought by the plaintiff landlord for enhancement of rent under Sections 30(b) and 52, Ben. Ten. Act. The tenancy covered by khatian 34 mouzah Debidaskuthi consists of nine entire plots and an undivided 10 annas eight pies' share of another plot, the five annas four pies' share of which appertains to a different khatian. Both the Courts below have held that the tenancy in the present case is not a holding and therefore its rent cannot be enhanced either under Section 30(b) or Section 52, Ben. Ten. Act. It is conceded before us that the view of the Courts below in 30 far as it relates to Section 30(b), cannot be assailed inasmuch as that section speaks of a holding; and a holding as defined in the Act before its recent amendment did not include an undivided share in a plot. But it is argued that Section 52 does not necessarily refer to a holding and that the rent of a tenancy even if it consists of an undivided share of a plot may be brought under tha...
Rasulan Bibi Vs. Rahamatulla Khan
Court: Kolkata
Decided on: Mar-11-1930
Reported in: AIR1931Cal59
Costello, J.1. This is an application-made under Section 115, Civil P.C., with reference to an order made by the learned District Judge of the 24-Pargannas. The matter before the Court was an application by a Mahomedan lady, Rasulan Bibi, for the removal of her former-husband Rahamatulla Khan from the guardianship of their minor daughter who is said to be about four years of age. It appears that Rahamatulla had divorced his wife Rasulan Bibi under the Mahomedan law because she was carrying an intrigue with some other man and was apparently desirous of getting married with him; and it is suggested that there was some arrangement between the husband and the wife whereby the husband agreed to divorce his wife on her giving up any right she might have with regard to dowry; and as a part of the arrangement it was also agreed by the wife that there should be a consent order appointing the husband as guardian of this little girl. In conformity with that arrangement there was an order by con-s...
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