Kolkata Court June 1932 Judgments
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Hridoy Ranjan Sen Vs. Mymensingh Municipality
Court: Kolkata
Decided on: Jun-30-1932
Reported in: AIR1933Cal78
1. This is an appeal by the plaintiff, who is a Deputy Magistrate and was posted in Mymensingh during the period in suit, against the order of dismissal of his suit for recovery of Rs. 168 (being the amount which according to him he had to pay to the Mymensingh Municipality illegally and inequitably') the amount of tax realised from him at the rate of Rs. 9 per quarter during the first two quarters of the year 1920-21 and at the rate of Rs. 15 per quarter during the last two quarters of the same year and all the four quarters of each of the two following years. Both the Courts below have concurrently found against the plaintiff and dismissed the suit.2. The facts are that the plaintiff was a Deputy Magistrate living in the town of Mymensingh and originally drawing Rs. 300 a month. His salary was subsequently raised to Rs. 500 a month. He was assessed originally at the rate of Rs. 9 per quarter, that is, one per cent. on the annual income and from October 1920 he was assessed at Rs. 15 ...
Chartered Bank of India Vs. Imperial Bank of India
Court: Kolkata
Decided on: Jun-29-1932
Reported in: AIR1933Cal366
Lort-Williams, J.1. The firm of Kerr Tarruck & Co., prior to the month of October 1927, used to carry on business in Calcutta as importers and dealers. Their shippers used to draw bills of exchange on them for the price of the goods shipped. The plaintiffs used to finance the shippers by discounting these bills, or by issuing other bills in exchange, and took, as security the bills of lading and other documents relating to the goods, and the shippers from time to time executed letters of request and hypothecation in favour of the plaintiffs. These bills of exchange were called advance bills as distinguished from other bills of exchange which were handed to the plaintiffs by the shippers for collection only. By the terms of the letters of request and hypothecation, it was agreed inter alia, that the plaintiffs should accept the shippers' bills of exchange drawn upon their indentors (in this case Messrs. Kerr Tarruck & Co.) accompanied by bills of lading, invoices and marine insurance po...
Parthasarathi Ray-auction-purchaser Vs. Ahindra Nath Ray and ors.
Court: Kolkata
Decided on: Jun-29-1932
Reported in: AIR1935Cal89
1. This appeal is directed against the decision of the learned District Judge of Midnapore, dated 3rd July 1930, allowing an application for setting aside a sale. The decision arrived at by the learned District Judge was passed in an appeal from an order made by the Munsif of Garbetha, on 29th April 1929, dismissing the application for setting aside a sale. The trial Court on the materials before it, held that the application so far as it purported to be one under Section 173(3), Ben. Ten. Act, was barred by limitation. According to the Munsif, the applicants for setting aside the sale could not be allowed to avail themselves of the provisions contained in Section 18, Limitation Act, because the decree-holder was not a party to the fraud alleged in the application for setting aside the sale. As indicated above, the learned Judge in the Court of appeal below has differed from the decision arrived at by the trial Court. According to the learned District Judge, the applicants were in a po...
Chartered Bank of India, Australia and China Vs. Imperial Bank of Indi ...
Court: Kolkata
Decided on: Jun-29-1932
Reported in: 149Ind.Cas.903
Williams, J.1. The firm of Kerr Tarruck & Co. prior to the month of October 1927, used to carry on business in Calcutta as importers and dealers. Their shippers used to draw bills of exchange on them for the price of the goods shipped. The plaintiffs used to finance the shippers by discounting these bills or by issuing other bills in exchange and took as security the bills of lading and other documents relating to the goods and the shippers from time to time executed letters of request and hypothecation in favour of the plaintiffs. These bills of exchange were called advance bills as distinguished from other bills of exchange which were handed to the plaintiffs by the shippers for collection only. By the terms of the letters of request and hypothecation it was agreed inter alia that the plaintiffs should accept the shippers bills of exchange drawn upon their indentore (in this case Messrs. Kerr Tarruck & Co.) accompanied by bills of lading, invoices, and marine insurance polices purpor...
In Re: Keshablal Dhar
Court: Kolkata
Decided on: Jun-28-1932
Reported in: AIR1933Cal386
Ameer Ali, J.1. This is an application by the Official Assignee of Calcutta for directions. The directions asked for are not specified in the prayer to the petition. The matter arises in this way: Keshablal Dhar was adjudicated on 9th April 1923. Beereshwar Ghosh, the creditor, appearing on this present application, lodged his proof on 11th July 1923. Nothing apparently was done in the insolvency. On 23rd April 1928 the Official Assignee applied for and obtained an order for annulment on the ground that the insolvent had not applied for his discharge, the application being under Section 41, Presidency Towns Insolvency Act. The order was made with the direction that the money to the credit of the estate in the hands of the Official Assignee be kept pending the further order of the Court. I have not got the order before me, but that gives the sense of the direction. The sum to the credit of the estate was a sum of Rs. 903, and that is the sum which is now in question. The insolvent appli...
Dinajpur Trading and Banking Co. Ltd. Vs. Probhash Chandra Sen and ors ...
Court: Kolkata
Decided on: Jun-27-1932
Reported in: AIR1933Cal151
Guha, J.1. This appeal is directed against an order passed by the learned District Judge of the 24-Parganas, on 9th August 1930, exercising jurisdiction under the Provincial Insolvency Act 1920. The facts of the case giving rise to the appeal may be briefly stated: On an application of two creditors, Manmatho Nath Purkait and Sudhir Chandra Purkait filed on 26th November 1929, an order of adjudication was passed by the learned District Judge, In the application by the creditors it was stated that acts of insolvency had been committed by Mahendra Chandra Sen and Sria Chandra Chaki carrying on a business in paddy as a partnership firm, and in the list of properties mentioned in the application it was stated that the firm styled Mahendra Chandra Sen and Sris Chandra Chaki owned one rice mill standing on about 8 or 9 bighas of lease-hold land on Bura Sibtala Road, Sahapore in the district of 24-Parganas. It appears that on 24th February 1930, one Nalini Mohan Rai Chaudhuri put in a petitio...
Bhagwandas Madanlal Vs. NabIn Chandra Choudhury
Court: Kolkata
Decided on: Jun-24-1932
Reported in: AIR1933Cal337
Guha, J.1. The decree-holder, appellant in this appeal, obtained a decree against the firm Kailas Chandra Sashi Bhusan Roy on 13th August 1929. The application for execution of the decree so passed in favour of the decree-holder was made on 15th November 1930. On 19th December 1930, the judgment-debtor Sashi Bhusan Roy was brought under arrest. Sashi Bhusan Roy and he filed a petition of objection under Section 47, Civil P.C.2. It appears from the order recorded in the order sheet of the Execution case on 19th December 1930, that the judgment-debtor Sashi Bhusan Roy was released on his furnishing security 'to the extent of the dues, for surrendering himself to Court if this Section 47 petition fails.' The security was in due course furnished, and on 20th December 1930, the security bond filed by the respondent in this appeal, Nabin Chandra Chowdhuri, was accepted, and the judgment-debtor Sashi Bhusan Roy was released. The application under Section 47 of the Code came to be dismissed by...
Surendra Chandra Roy and ors. Vs. Showdamini Roy
Court: Kolkata
Decided on: Jun-17-1932
Reported in: AIR1933Cal238
Guha, J.1. The plaintiff-opposite party in this rule instituted a suit for partition on 3rd September 1930, in the Second Court of the Subordinate Judge, Sylhet. The court-fee paid on the plaint in the suit was Rs. 10 only. On the objection of the defendants, the petitioners in this Court, on the question of court-fee payable on the plaint as filed in Court, based on the fact that the plaintiff was out of possession of the properties sought to be partitioned, it was held that the plaintiff was to pay ad valorem court-fees on her plaint. Time was granted to the plaintiff for putting in deficit court-fees; and on the last date fixed for payment of court-fees, the 27th July 1931, an application was made by the plaintiff to allow her to proceed with the suit as a pauper. In the application made on 27th July 1930, the plaintiff prayed for the amendment of the plaint as presented in Court, in view of the Subordinate Judge's decision that she was not in possession of the share of the property...
Jnanendrakumar Ray and ors. Vs. Dileepkumar Ray and ors.
Court: Kolkata
Decided on: Jun-17-1932
Reported in: AIR1933Cal391
Guha, J.1. This appeal is directed against decision of the learned District Judge, 24 Parganas, passed on appeal in suit for rent and cesses in which a claim for damages was also made. The plaintiffs in the suit claimed rent for the years 1325 to 1328 B.S., on the footing that the annual rent payable by the tenant defendant was Rs. 728-4-7i gandas, and this was on the allegation that the tenant was holding as part of his tenure an area of land for which he was not paying rent. The definite allegation made was that the defendant was in possession of 1,398 odd bighas of land while he was paying Rs. 533-5-6 gandas as rent for only 1,000 bighas. The original rent payable in respect of the tenure, it may be mentioned, was Rs. 326-5-7 gandas for an area of 576 odd bighas land. The Courts below have agreed in passing decrees in favour of the plaintiffs for arrears of rent at the rate mentioned by the plaintiffs, negativing the defence of the tenant defendant, which mainly related to this, tha...
Rajani Kanta Ghosh and ors. Vs. Sourendra Nath Mitter and ors.
Court: Kolkata
Decided on: Jun-17-1932
Reported in: AIR1934Cal421
Rankin, C.J.1. This appeal is brought by certain defendants in a suit for enforcement of a mortgage dated 10th August 1908. The mortgage was for a small sum of Rs. 3,800. It would appear that it contained a provision for interest at two per cent, per mensem compound interest with monthly rests. The suit was brought on 15th March 1920 by which time notwithstanding that a small sum of Rs. 2,045 had been paid to the mortgagee no less than Rs. 45,819 was due according to the mortgage-bond. It appears that the suit was decreed ex parte in September 1920. The defendants however appear to have established that service upon them was not correct and after no less than six-years, namely on 16th August 1926, the ex parte decree was set aside and the suit was restored. On 27th February 1929 the learned Subordinate Judge passed a preliminary decree. He passed a preliminary decree for six-sevenths only of the amount due on the bond but the amount notwithstanding had by this time grown to the extraor...
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