Kolkata Court April 1931 Judgments
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(Kumar) Pashupati Nath Maliah and anr. Vs. Bank of Behar
Court: Kolkata
Decided on: Apr-27-1931
Reported in: AIR1932Cal141,136Ind.Cas.465
Suhrawardy, J.1. This rule is directed against an order of the Subordinate lodge of Burdwan, by which he has directed that in the sale proclamation to be issued for sale of the property in dispute, valuations given by the decree-holder and the judgment debtor be both inserted. The judgment-debtor objects that the Court should have inquired into the value of the property and should have given it in the sale proclamation. The property, we are told, consists of 3 bighas of land with a bungalow standing on it near the Burdwan railway station. The decree-holder valued it at Rs. 2,000, whereas the judgment-debtor said that it was worth Rs. 40,000. The learned Subordinate Judge has directed both the valuations to be inserted in the sale proclamation on the ground that an elaborate investigation should be necessary in order to ascertain its value roughly by an engineer, and the evidence on both sides should be taken as to the price of the land. We think that in the circumstances of the case th...
Commissioner of Income-tax Vs. M. Shaw Wallace and Co.
Court: Kolkata
Decided on: Apr-27-1931
Reported in: AIR1932Cal587
Rankin, C.J.1. This is an application by the Commissioner of Income-tax, Bengal, for a certificate that the case is a fit one to be taken on appeal to His Majesty in Council under Section 66 (a), Income-tax Act, which involves the same considerations as are involved in Clause (c), Section 109, Civil P.C. The sum of money at stake upon which the tax is claimed is very large and I am satisfied that the question as to whether income-tax is claimable on this money is a very important question both from the point of view of the assessees and from the point of view of the treasury. Prima facie I should have no difficulty in saying that this case is exactly of the typo which is contemplated by Clause (c), Section 109, Civil P.C. and which comes under Clause (2), Section 66 (a), Income-tax Act. It is said however that in this case the application for a certificate has been brought out of time.2. The facts are that the judgment was pronounced on 13th January 1931 and that the application for th...
Nawab Ali Vs. Hanuman Jute Mill
Court: Kolkata
Decided on: Apr-27-1931
Reported in: AIR1933Cal513
Mitter, J.1. This is an appeal from a decision of Mr. Lethbridge, Commissioner Workmen's Compensation, Bengal, refusing compensation to the appellant. The appellant who was the applicant for compensation was a viceman of the Fitter Roving Department employed by the respondent in the Mills in the month of Kartick 1335 B.S.; and in that month he received personal injury by accident which he alleges arose out of and in the course of his employment. The case put forward by the applicant was that the cause of the injury was the petitioner's tightening one slack ring in a wheel in the Roving Department No. 1. The applicant sustained several injuries which are noticed in para. 2 of his petition. The result of the injuries was that three fingers of the applicant had to be amputated in the Howrah General Hospital. The applicant accordingly claimed that he was entitled to receive as compensation a lump sum of Rs. 500 as the applicant, over and above the injuries spoken of had been suffering, fro...
Trustees for the Improvement of Calcutta Vs. Mt. Meherunnessa Khatun a ...
Court: Kolkata
Decided on: Apr-24-1931
Reported in: AIR1932Cal178,137Ind.Cas.628
1. This is an appeal by the plaintiffs, the trustees for the Improvement of Calcutta from a decree dismissing their suit for recovery of money due under a deed of rent charge by enforcing' the charge by the sale of the mortgage premises.2. Shortly put, the facts alleged on behalf of the plaintiffs were the following: Premises No. 12/1 Durga Road were notified for acquisition as being required for the execution of Scheme No. 8 of the trust, and on that the defendant who was the owner of the said premises applied for exemption of a portion thereof from acquisition under the provisions of Section 78, Calcutta Improvement Act. This application was refused by the trustees. subsequently, an agreement was entered into under which, the portion in respect of which the defendant had no objection was to be acquired by the trustees on payment to her of Rs. 1,130, the acquisition of the portion in respect of which exemption was asked for was abandoned on condition that the defendant paid the trust ...
Ram Charan Tripathi and ors. Vs. Madan Mohan Jana and ors.
Court: Kolkata
Decided on: Apr-23-1931
Reported in: AIR1932Cal195,136Ind.Cas.601
Rankin, C.J.1. In this case, the plaintiffs brought a suit upon the basis that in 1909, defendant 1 gave a lease to their father of some 99 bighas of land in the Sunderbuns and that in 1917, after the plaintiffs' father had died, defendant 1 dispossessed the plaintiffs from this land so far as regards 50 bighas of it and in 1920 leased out the same again to defendant 2. The suit was brought in 1927 and it has engaged the attention of several Courts; but the actual position at which it has now arrived is that it has been found upon a local inquiry that a quantity of land which was taken possession of by defendant 2 in 1920 did belong to the land let out to the plaintiffs' father.2. When the matter came before the learned Subordinate Judge on the last occasion, the main point for his determination was whether the suit on that footing was barred by the special limitation provided by the schedule to the Bengal Tenancy Act. That question depends upon whether or not the plaintiffs are raiyat...
(Maharaja Sir) Manindra Chandra Nandi Vs. Sudir Krishna Banerjee and o ...
Court: Kolkata
Decided on: Apr-22-1931
Reported in: AIR1932Cal182,136Ind.Cas.893
1. The plaintiff is the appellant in this appeal. The allegations on which his suit was founded were the following: That the husband of defendant 1 left a will appointing her and some other persons as executors, giving her permission to adopt and providing that she would remain in management of the properties until the adopted son came to be of 21 years of age; that defendant 1 obtained probate of the will and acted as executrix; that defendant 1 took defendant 2 in adoption, and the latter had instituted a suit against defendant 1 in which defendant 3 had been appointed administrator pendente lite; that defendant 1 as such executrix borrowed money on hand-notes (seven in number) for paying the Government revenue due on the estate but never repaid the same. It was further alleged in the plaint that the loans were taken for legal necessities and that the estate was benefited thereby. In the suit as originally laid defendant 1 was impleaded in her capacity as executrix, and it was prayed...
Hemendra Nath Roy Chowdhury and anr. Vs. Prokash Chandra Ghosh and ors ...
Court: Kolkata
Decided on: Apr-22-1931
Reported in: AIR1932Cal189,137Ind.Cas.98
1. These four appeals arise out of certain orders which were passed by the Subordinate Judge, 3rd Court, 24 Pargannas in four Rent execution cases. By these orders the Subordinate Judge purported to appoint a receiver in respect of a defaulting tenure, a patni mahal, for realization of the decrees for rent which the landlords had obtained against the tenure holders. The decretal amounts of these four decrees, together with those of two other decrees which the landlords have also obtained in respect of the same tenure are said to come up to an aggregate of about a lakh of rupees. It is said that there is also another rent suit in respect of the same tenure pending between the parties for a claim of over a lakh of rupees. In these circumstances when dates had already been fixed in two out of the four execution cases for sale of the defaulting tenure--attachment and sale proclamation having been simultaneously issued, and applications for execution had been filed in the other two the decr...
Hari Das Basu Vs. National Insurance Company, Ltd.
Court: Kolkata
Decided on: Apr-22-1931
Reported in: AIR1932Cal213,136Ind.Cas.533
Suhrawardy, J.1. One Sasi Bhusan Bhattacharya living within the jurisdiction of the Munsif of Bolpur in the District of Birhbtum insured his life with the defendant company for Rs. 2,000 by Policy-No. 7218. He borrowed some money from the plaintiff who obtained a decree for the amount against his legal representatives after his death, and put it in execution in the Court of the Munsif at Bolpur who had passed the decree. In execution of the decree, the policy or more correctly speaking the amount due under the policy was first attached by the Munsif of Bolpur under Order 21, Rule 46, Civil P. C, and subsequently sold by him and purchased by the plaintiff. Not having obtained satisfaction from the defendant, the plaintiff brought the present suit to recover the amount to which he said he was entitled by his purchase of the debt as aforesaid. The plea of the defendant company was that the Bolpur Court had no jurisdiction to sell the debt due under the policy and, so the purchase by the p...
Sailesh Chandra Lahiri Vs. Nehal Chand Marwari
Court: Kolkata
Decided on: Apr-22-1931
Reported in: AIR1932Cal462,137Ind.Cas.812
Panckridge, J.1. This reference which has been made to this Court under Section 438, Criminal P.C., by the learned Sessions Judge of Nadia, raises a point of some importance and interest. The accused Nehal Chand Marwari was convicted by the Deputy Magistrate of Krishnagar for offering resistance and obstruction to an authorized person inspecting or examining food believed to be adulterated and thereby committing an offence under Section 21 read with Section 12 (2), Bengal Food Adulteration Act (Act 6 of 1919). He was also convicted of an offence punishable under Section 186, I. P. C, namely, voluntarily obstructing a public servant in the discharge of his public functions.2. The facts are that the accused person was in possession of certain tins of mustard oil. A Sanitary Inspector of the Municipality seized the tins on the ground that their contents were adulterated. It is alleged, and the trying Court has found, that the accused offered resistance to and obstructed the seizure.3. The...
Amiya Kumar Bhattacharjee Vs. Emperor
Court: Kolkata
Decided on: Apr-22-1931
Reported in: AIR1931Cal641
Panckridge, J.1. This is a rule obtained by the accused who has been convicted under Section 12, Act 25 of 1867 and sentenced to pay a fine of Rs. 25 or in default to undergo 15 days simple imprisonment. The Magistrate has found that on the room, occupied by the accused, being searched certain leaflets were discovered by the police, that other copies of such leaflets were being distributed on the streets and daring inquiries in connexion with such distribution the accused was arrested. The Magistrate has, on the evidence, come to the conclusion that the accused has been distributing the leaflets. On that finding he has convicted the accused under Section 12, Act 25 of 1867, which lays down thatwhoever shall print or publish any book or paper otherwise than in conformity with the rule contained in Section 3 of the Act shall, on conviction before a Magistrate be punished by fine not exceeding Rs. 2,000, or by simple imprisonment for a term not exceeding six months, or by both.2. It is ur...
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