Kolkata Court May 1931 Judgments
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A.K. Tops Vs. Karnani Industrial Bank, Ltd.
Court: Kolkata
Decided on: May-14-1931
Reported in: AIR1932Cal441
Ameer Ali, J.1. This is an application under Section 115, Civil P.C.2. The short facts appear to be as follows.3. There was a lease by the Karnani Industrial Bank, Limited, of premises No. 45, Park Street, to a firm of chemists Chandler & Co. Chandler & Co.'s rent fell into arrears and on 25th March 1931, the landlord distrained.4. On 27th March 1931 the lady who is the respondent to this application, Mrs. A. K. Tops, applied to the Small Cause Court for release of the goods distrained upon. That application was under Section 60, Small Cause Courts Act and in her petition Mrs. Tops stated that she was pro-pared to pay the arrears of rent. How precisely that application was dealt with is not clear but apparently, Mrs. Tops did not pay the rent in arrear and there was an order by the Judge, before whom the application was made on 30th March for sale of the goods distrained upon. That is the whole order. It does not purport to deal with the question of title.5. On or about 1st April 1931,...
Mohitosh Dutta Vs. Rai Satish Chandra Chaudhuri and anr.
Court: Kolkata
Decided on: May-13-1931
Reported in: AIR1932Cal203
Rankin, C.J.1. This case raises some interesting questions. It is a case where the judgment-debtor had suffered a money decree and it seems that in September 1927 an application to adjudicate him an insolvent under the Provincial Insolvency Act was presented to the appropriate Court. Before any order was made, the decree-holder on 13th February 1928 applied for execution. On l2th April sale of certain property was held and on a day in May that sale was confirmed. On 8th May the insolvency Court appointed an interim receiver, that is to say, a receiver in whom nothing vests but who has the powers of a receiver under the Civil Procedure Code. On 10th May this interim receiver applied to set aside the sale. He appears to have made a case under Order 21, Rule 90, Civil P. C, but he also made a case to the effect that, as there were proceedings in insolvency, the sale should be set aside. I pause here to observe that he was too late on any-possible view to take advantage of Section 52, Prov...
Pitambar Laik Vs. Mati Lal Laik and ors.
Court: Kolkata
Decided on: May-12-1931
Reported in: AIR1932Cal77
Graham, J.1. This appeal by the plaintiff arises out of a suit for ejectment of the principal defendants, now respondents, from certain lands on declaration of the plaintiff's title thereto. There was also a prayer for mesne profits in respect of the years 1327 to 1329 B. S.2. Plaintiff's case was that the lands in suit belong to him in mourasi panchaki and ghatwali right by virtue of a grant made to his remote ancestor Sobharam Laik by the Raja of Khatra, that thereafter his predecessors were in possession of the said lands in such right long before the time of the Bast Indian Company, their interest being a permanent heritable interest; that sub-leases of the land were granted, and that eventually the lands came into the possession of the plaintiff. After the acquisition of Bengal by the British the ghatwaili right vested in the Government, and since then the plaintiff's ancestors and plaintiff himself had been paying panchaki rent to the zamindar, and had been performing ghatwali du...
Sher Singh Vs. Jitendranath Sen
Court: Kolkata
Decided on: May-12-1931
Reported in: AIR1931Cal607
S.K. Ghose, J.1. This matter came to us in revision once before and was disposed of by this Court's judgment dated 19th August 1930 in Miscellaneous Case No. 111 of 1930 (with Revision Case No. 576 of 1930). The case had had a somewhat chequered career and it will be necessary to recall the facts. I wish to acknowledge the assistance which learned Counsel on both 'sides have given us in elucidating the material facts. The opposite party, J. N. Sen, is the local agent of the Central Bank of India at Asansole. One Lachminarain was a client of the bank. The petitioner Sher Sing, and one Bhag Sing, who has taken some part in the dispute, were friends of Lachminarain, but they have no connexion with the bank. On 28th March 1929 Lachminarain applied in writing to J. N. Sen for two ticket numbers in the Calcutta Turf Club Derby sweep and his account was debited with the price of those two tickets at Rs. 10-8 each. Apparently acting on behalf of the client of the bank, J. N. Sen obtained a num...
Haidar Ali Khondkar Vs. Muhammad ShajiuddIn Kazi and ors.
Court: Kolkata
Decided on: May-08-1931
Reported in: AIR1932Cal34
1. The only question arising for consideration in this appeal by the defendant in a suit for enforcement of a mortgage security, is whether the suit was liable to dismissal on the ground of defect of parties, upon the findings arrived at by the Court below, the sisters of plaintiffs 1 to 3, and the sisters and mother of plaintiff 4 were necessary parties: both the lower Courts however agreed in holding that the suit could not fail as a whole, for defect of parties. It was contended for the appellant that the decision of the Courts below was not sustainable in law, inasmuch as all the persons interested in the mortgage money had not been made parties to the suit, and that the suit base on a, mortgage which was one and indivisible, should have been discussed altogether: that the plaintiffs were not entitled to a decree in the form made in their favour by the Courts below.2. The contention advanced on behalf of the appellant is that the mortgage being one and indivisible, it could not be ...
Chandramani Maity Vs. BipIn Behari Sasmal and ors.
Court: Kolkata
Decided on: May-08-1931
Reported in: AIR1932Cal206,136Ind.Cas.543
1. One Radha Krishna Maity died in 1926 leaving a will of which probate was applied for by the opposite party. His widow Chandramani Maity produced a codicil by which the original executor appointed under the will was removed and she became legatee for Rs. 10,000 due to the deceased on account of his life policy. Both the will and the codicil were the subject of the suit before the lower Court and the learned District Judge granted probate of the will, and refused probate of the codicil which he found not to be genuine. Against that decision the present appeal was preferred by Chandramani and during the pendency of the appeal she made a gift of the legacy she was to receive under the codicil to the two sets of applicants before us. She died on 21st January last and the present applications are made, one by one. Sachindra Nath Maiti, a grandson of Radha Krishna Maiti, and Amala Dassi, his daughter and. the other by one Anilbaran Maity, another grandson of Radha Krishna by another son, f...
Jotindra Mohan Mitter Vs. Probodh Kumar Dutt
Court: Kolkata
Decided on: May-08-1931
Reported in: AIR1932Cal249
Rankin, C.J.1. The plaintiff and the defendant are owners of adjoining premises which originally belonged to certain people called Dutt, but which were partitioned in 1892; the plaintiff's premises being lot B in the return of the Commissioner of partition and the defendants premises being lot Rule The defendant's premises are known as No. 24 Kasi Dutt Street. The defendant purchased them at a Registrar's sale on 7th July 1928. Soon afterwards at all events by October, he commenced to make certain improvements in connexion with these premises. These improvements have brought him into collision with the plaintiff who makes throe complaints.2. The first complaint is that the defendant was making wrongful alterations to the common passage leading northwards to Ramjan Ostagar Lane. On this point the learned Judge found for the plaintiff and before us the question of common passage has been settled by agreement. Our decree in this appeal will direct by consent that the learned Judge's order...
Bhondar Vs. Emperor
Court: Kolkata
Decided on: May-06-1931
Reported in: AIR1931Cal601
Lort-Williams, J.1. The accused in this case was charged with rape upon a girl, nine years old. He himself is stated to be about fifteen though there is no definite evidence upon the point. He was tried by the Additional Sessions Judge, Hooghly, at Howrah and a jury who brought in an unanimous verdict of acquittal saying that they gave him the benefit of the doubt.2. The prosecution case is that the girl Panchu Bala Dasi was the wife of Rajani Khanra, who was about eighteen years old and that she had been married to him four years before at the age of five. They had never lived together as man and wife. The girl lived with her father and mother and the husband and wife used to visit each other in their parent's houses from time to time. At the time when this crime was alleged to have been committed the husband was away from his home and the father and mother of the girl also were away temporarily leaving her alone in the house.3. She says that the accused Bhondar came up and asked her ...
Gour Sundar Majumdar Vs. Krishna Kamini Chaudhurani
Court: Kolkata
Decided on: May-04-1931
Reported in: AIR1932Cal41
1. These two appeals are directed against the concurrent decisions of the Courts below arrived at in two-suits for assessment of fair and equitable rent and for recovery of damages for use and occupation of lands for the period from 1331 to 1333 B. S., as also for other reliefs. The defence of the contesting; defendant, defendant 1 in the suit, was that there was no relationship of landlord and tenant between him and the plaintiff in the suit: that the lands in respect of which assessment of fair rent was asked for, were held by him as kaimi mukarari jama under the pro forma defendant 2 in the suits. It was also pleaded in defence that the suits as laid were not maintainable inasmuch as all the cosharer landlords had not instituted the suits as plaintiffs.2. It would appear from the finally published Record of Eights that the plaintiff was landlord of the contesting defendant in the suits in respect of the lands mentioned in the plaint: the defendant being a tenure-holder. The entries ...
Hari Charan De Vs. Sherali Talukdar
Court: Kolkata
Decided on: May-04-1931
Reported in: AIR1932Cal60,136Ind.Cas.475
1. In this case the Magistrate made an order under Section 145, Criminal P. C, in favour of the first party. He acted upon the police report dated 14th January 1930, which stated that a certain char had formed in the bed of the Rajapur river and that this had been cultivated by the first party without objection, but that in June 1929, members of the second party tried to cultivate the char, and that there was a likelihood of a breach of the peace but for police interference. He went on to say that he had formed the opinion that the first party was rightly in possession and thatthe cultivating season is near at hand and there is every chance of a breach of the peace over the possession of the said char land;and he asked that proceedings under Section 145, Criminal P. C, should be drawn up. That being the position, the matter came before the Sessions Judge of Bakarganj and he has made a reference to this Court. In his letter of reference he recommends that the order may be set aside as b...
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