Kolkata Court July 1930 Judgments
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Haripada Maity Vs. Annada Prosad Haldar and ors.
Court: Kolkata
Decided on: Jul-07-1930
Reported in: AIR1930Cal750,129Ind.Cas.97
Costello, J.1. In this case the suit was brought by the plaintiffs to recover a sum of money said to be due on a mortgage bond dated 3rd Pous 1322 B.S. alleged to have been executed by defendant 1. The bond was said to be given as security for repayment of the sum of Rs. 498 and there was an agreement to repay that loan in six yearly instalments of Rs. 83 in Falgoon every year from 1323 to 1328 and in default of payment of any one instalment interest was to run on the entire amount at half an anna per rupee per month. The plaintiffs' case was that the defendants had paid nothing at all on the bond. Defendants 2 and 3 are said to be subsequent transferees and the remaining defendants were brought into the suit as having an interest in a prior mortgage. The suit was contested by defendants 1 and 3 and the defences which they raised were to the effect that the bond had not been duly executed and attested and alternatively that defendant 1, that is to say the mortgagor, was not of sound mi...
Jitendra Nath Roy Vs. Abdul Hakim
Court: Kolkata
Decided on: Jul-07-1930
Reported in: AIR1931Cal248
Costello, J.1. In this case the plaintiff Abdul Hakim brought a suit against the defendants Jitendra Nath Roy and others claiming a declaration of his title to the lauds which are the subject-matter of the suit and for the recovery of possession of those lands after cancellation of certain under-tenures held by the defendants. The plaintiff also claimed recovery of possession of the lands held by them. Put quite shortly the plaintiff's case was that he had purchased the patni under which the lands were held at an auction sale held under the provisions of the Bengal Patni Taluk Regulation (8 of 1819). The plaintiff alleged that the under-tenures held by the defendants were put an end to as a result of the sale of the lands to him. The matter was originally tried in the Court of the Subordinate Judge of Faridpur. In the course of his judgment the learned Subordinate Judge observed:The defendants have failed to prove that these disputed jotes were created before the patni,and ho found tha...
Debendra Nath Sadhukhan and ors. Vs. Radhakissen Chamaria and anr.
Court: Kolkata
Decided on: Jul-03-1930
Reported in: AIR1931Cal520
Guha, J.1. We are invited in this rule to set aside the orders passed by the learned Subordinate Judge of Howrah, on 4th April and 9th May 1930, in Misc. Case No. 18 of 1929, arising out of Title Execution Case No. 91 of 1928. The effect of these two orders appears to be this: that the valuation stated by the decree-holders on the one hand, and that made by the judgment-debtors' Engineer on the other, of the properties to be sold in execution of a, decree, have been stated in the proclamation of sale, drawn up under Order 21, Rule 66, Civil P.C., without an enquiry by the Court, as to the valuation of the properties. As it has been Repeatedly held in this Court, it is desirable that an enquiry should be made by the Court executing a decree, for the purpose of arriving at a fairly accurate valuation of the property to be sold in (execution, and to state the value so determined in the sale proclamation. It cannot however be laid down as a general proposition that it must be done in every...
Nabagopal Sarkar Bahadur Vs. Mrs. Sarala Bala Mitter
Court: Kolkata
Decided on: Jul-03-1930
Reported in: AIR1933Cal574
Mukerji, J.1. This appeal has been preferred from the decision of the Additional District Judge, 24-Parganas, granting probate of the will of one Mrs. Bipin Bala Sarkar. She is alleged to have executed a will on 5th July 1922 and got it registered on 17th September 1923. She died on 6th March 1925. Mrs. Sarala Bala Mitter, the executrix named in the will and to whom the entire bequest was made, applied for probate. Notices were issued on the testatrix's husband Rai Bahadur Nobo Gopal Sircar, her brother Dr. S.K. Bose, and her sister Mrs Kiran Bala Chaudhury. The husband and the sister contested the proceedings, and in this appeal the former alone is the appellant. To deal with the questions which have arisen in this appeal a short history of the life of the testatrix will not be out of place. (After giving a long detailed account of her life and describing as to how she came in contact and lived with the executrix, the judgment proceeded). As regards the execution and attestation of th...
Cyril C. Baker Vs. Emperor
Court: Kolkata
Decided on: Jul-02-1930
Reported in: AIR1930Cal668,129Ind.Cas.184
1. This is an appeal against the order of the learned Chief Presidency Magistrate convicting the appellant, Cyril C. Baker, of an offence under Section 9, Opium Act (1 of 1878) and sentencing him to six months' rigorous imprisonment and to pay a fine of Rupees 1,000 or in default of payment thereof to a further term of three months' rigorous imprisonment.2. The facts are shortly as follows: the appellant is, or was, at the time of the alleged occurrence, Assistant Wireless Operator of the B.I.S.N. Co's 'S.S. Edavana,' which was due to leave on the night of 23rd January or morning of 24th January last for Rangoon and the Straits. On the evening of'23rd January at about 7 p.m. a party of Customs Preventive Officers went on board the ship and searched the appellant's cabin, which was an ordinary 2nd class cabin on the lower deck having in it two berths and a settee. The accused accompanied the officers from the top deck and opened the door of the cabin with a key which he produced either ...
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