Kolkata Court June 1930 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.
Nagendra Nath Bose Vs. Mon Mohan Singha Roy and ors.
Court: Kolkata
Decided on: Jun-13-1930
Reported in: AIR1931Cal100,129Ind.Cas.849
Graham, J.1. This rule was issued to show cause why an order of the District Judge of Hooghly dismissing an appeal arising out of certain rent execution proceedings should not be set aside, or such other order made as might be deemed fitting.2. The facts are shortly these: The plaintiffs decree-holders, opposite parties in this rule, instituted a suit for rent against the judgment-debtors opposite parties and the petitioner, who is the receiver of their estate, making the pro forma defendants decree-holders parties with them therein and claiming the sum of Rs. 1,306-15-0. The suit having been decreed the plaintiffs decree-holders executed the decree, the defaulting tenure was put up to sale on 20th November 1928, and one Satish Chandra Singha Chaudhury, the present opposite party 4, purchased the same for Rs. 1,600. Thereupon the petitioner applied to have the sale set aside, but his case was dismissed for default.3. Against that order he preferred an appeal to the District Judge who d...
Sm. Manorama Dasi and anr. Vs. Dhirendra Nath Busu and ors.
Court: Kolkata
Decided on: Jun-13-1930
Reported in: AIR1931Cal329
Graham, J.1. This appeal is by the plaintiffs from a decision of the Subordinate Judge, Second Court, Hooghly, reversing a decision of the Munsif, First Court, Hooghly, and arises out of a suit brought by the appellants for recovery of possession of certain properties upon dectaration of their title thereto as she-baits of a certain deity, and further for a declaration that defendant 1, now respondent, had acquired no right as shebait.2. The properties in question formerly belonged to one Kadambini Dasi, who by an arpannama, or trust deed dated 15th Aghrayan 1316 B. S. (1st December 1909) dedicated the same to her father's family deity Rajrajeswar Thakur, at the same time appointing herself as shebait for the duration of her lifetime. There was a provision in the deed that on her death her father's agnate, Sashi Bhusan Nag, or failing him some other cosharer, who might be living should succeed as shebait.3. Kadambini died in Chaitra 1325 B. S. (1919), and thereupon defendant 1 took pos...
In Re: Gopalchandra Singha
Court: Kolkata
Decided on: Jun-13-1930
Reported in: AIR1931Cal523
Williams, J.1. With regard to counsel's fees, I do not propose to interfere with the decision of the Taxing Officer upon the question what amount of fees should be allowed to leading counsel, having regard to the size and importance of the case. He has come to the conclusion that the fee which he has allowed is a proper fee, having regard to these circumstances. The fees allowed to the other side were on the basis of the scale between attorney and client and therefore are no criterion.2. But with regard to the fees allowed to junior counsel, they have not been allowed upon the basis of the two-thirds rule, which is customary in England. I am told that there is no such recognized rule of proportion in this country, but that it is customary for the Taxing Officer, as I understand it, to assess the market value of junior counsel engaged in the case.3. Upon what basis he proceeds to make this assessment I am not informed, and I am at a loss to imagine, but, in my opinion, it is a most unde...
Girish Chandra Dutt and ors. Vs. Girish Chandra Mali and anr.
Court: Kolkata
Decided on: Jun-12-1930
Reported in: AIR1932Cal6
Mitter, J.1. This is an appeal by the plaintiffs and arises out of a suit in ejectment. The plaintiffs case is that the defendants are under-raiyats and that the notice under Section 49, Bengal Tenancy Act had been served on them and that as in spite of this notice they did not vacate the land the present suit had to be instituted. The defence to the suit falls under two heads, namely, (1) that the plaintiffs are not proprietors in respect of this land and (2) that the defendants have acquired a right of occupancy by custom and as such are not liable to be ejected. The first defence did not prevail with the Court of first instance and with regard to the other part of the defence it was held that the defendants had not acquired a right of occupancy by custom and were liable to ejectment. The result was that the suit was decreed with costs, the plaintiffs raiyati right in the disputed land was declared and it was directed that the plaintiffs do recover khas possession thereof by evicting...
F.A. Shihan and ors. Vs. Abdul Alim Abed and ors.
Court: Kolkata
Decided on: Jun-12-1930
Reported in: AIR1930Cal787
Rankin, C.J.1. In 1876 Shaikh Jummon Mistry, by a registered deed or towliatnama, made wakf of certain properties specified in the schedule thereto and laid down the rules and objects of the wakf. He stated that he had built a mosque on certain land and he dedicated other land for the purpose of a public burial ground. The main object of the wakf was the maintenance and. preservation of the mosque and burial ground and the income to arise from the dedicated properties was estimated at Rs. 1,360 per annum. The deed contains provisions for an annual expenditure upon certain specified objects-directly charitable of a sum of Rs. 285 apart from the allowance given to the mutwallis of the wakf. By the deed Jummon Mistry appointed himself and his second wife, Sm. Sundan Bibi, to be the first mutwallis and an allowance was provided for himself of Rs. 30 per month and for his wife of Rs. 40 per month. The deed further provided that after Jummon's death his son Umar Ali was not to be mutwalli bu...
Jagadish Nath Roy Vs. Nafar Chandra Paramanik and ors.
Court: Kolkata
Decided on: Jun-12-1930
Reported in: AIR1931Cal427
Mukerji, J. 1. This appeal has been preferred by a decree-holder from an order passed by the District Judge of Dinajpur affirming on appeal an order of the Munsif, by which an execution case was dismissed on the objection of the judgment-debtors.2. A suit for declaration of title and recovery of khas possession was dismissed by the trial Court. On appeal, this decision was reversed and a decree was passed by which it was ordered as follows:Plaintiffs' title be declared and plaintiffs do get khas possession of the land Defendants do remove the structures within two months From this date; in default they shall be removed in execution of this decree....Plaintiffs do get costs of both the Courts with Interest at 6 pt c. per annum.3. This appellate decree was passed on 5th October 1923. The defendants thereupon preferred a second appeal to this Court. While this second appeal was pending the decree-holder on 1st, August 1924 applied for execution. In, the prayer column of the tabular statem...
AfiruddIn and ors. Vs. Joy Chandra Naha and ors.
Court: Kolkata
Decided on: Jun-11-1930
Reported in: AIR1930Cal703,129Ind.Cas.108
Guha, J.1. This appeal which arises out of a suit to enforce a mortgage bond brought by the plaintiff, must, in our judgment, succeed on one ground, namely, the ground of limitation. The plaintiff based his cause of action in the suit, on the stipulation contained in a document executed on 10th Magh 1316 B.S., corresponding to 23rd January 1910. In that document there was a stipulation to the effect that the mortgage money was to be repaid in Falgoon 1321 B.S. It appears however that in Baisakh 1320 B.S., i.e., in April 1914, the plaintiff was dispossessed from the mortgaged property. So far as the plaint is concerned both the due date according to the mortgage bond, viz., Falgoon 1321 and the dispossession of the plaintiff in 1320, have been mentioned. The question is having regard to the accrual of the cause of action for the present suit in Baisakh 1320 by the dispossession of the plaintiff, could it be said that limitation was saved by the stipulation contained in the mortgage bond...
Nafar Chandra Pal Choudhury Vs. Bhiku Sheikh and ors.
Court: Kolkata
Decided on: Jun-11-1930
Reported in: AIR1931Cal550
Guha, J.1. S.A. No. 1551 of 1928. This appeal has arisen out of a proceeding under Section 180-A, Ben. Ten. Act, started by the tenants for the fixing of uniform annual money rent in respect of utbandi lands: the proceed-];;;. so started related to a number of tenancies described with reference to khatians as specified in the finally published Record-of-Rights prepared under Chap. 10 , Ben. Ten. Act, and as the Assistant Settlement Officer before whom the application under Section 180-A was made puts it, in his judgment, the tenants wanted to have their utbandi lands converted into jamai at uniform annual money rents. The claim of the tenants was opposed by the landlord, on various grounds. It may be mentioned that the condition and incidents of the tenancies as mentioned in the settlement records are that every year rent is realised for land under cultivation excluding the patit (fallow) land. It appears from the judgment of the Assistant Settlement Officer in this case that the landl...
Commercial Union Assurance Co. Vs. Binjraj Johurmull and ors.
Court: Kolkata
Decided on: Jun-07-1930
Reported in: AIR1931Cal285
Rankin, C.J.1. In this case, the plaintiffs sue the defendant company upon a policy of insurance taken out on 3rd November 1924. The policy of insurance is in the form of a marine voyage policy [but it really has reference to goods to be sent by post from Calcutta to other [places; in particular, it has reference to gold and silver to be sent from Calcutta to other places. The system was that, after posting the parcel containing gold or silver as the case might be and after obtaining a receipt from the post office, the receipt was to be taken to the company's office together with the policy and a declaration was to be made and endorsed on the back of the policy so as to show that a particular venture or transit was being covered by the insurance. The endorsement of the policy dated 13th November 1924 states that the insurance covered an item from Calcutta to Sambalpur, post office receipt No. C-421, amount Rs. 1,200 on gold. By the, terms of the policy, it was to be aregistered insured...
Rafatulla Pramanik Vs. Rajek Sardar and anr.
Court: Kolkata
Decided on: Jun-05-1930
Reported in: AIR1930Cal646
Jack, J.1. In both these cases rules were issued to show cause why the order under Section 106, Criminal P.C., should not be set aside. It is urged for the petitioner that since the conviction was only under Section 379, I.P.C., in both the cases the orders under Section 106 are improper inasmuch as an offence under Section 479 does not involve any breach of the peace. There are a number of rulings as regards what amounts to an offence involving a breach of the peace as referred to in Section 106, Criminal P.C. I do not think it necessary to go into details of these cases. It appears to me that the trend of these rulings shows that unless the offence is one which necessarily involves a breach of the peace there must be an express finding by the Court that the offence did in fact involve as breach of the peace and I find that in both these cases there is such a finding.2. In Case No. 448 the appellate Court found that the accused formed an unlawful assembly no doubt as the number was 50...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »