Kolkata Court June 1932 Judgments
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Altapali Khan Vs. Uzirali Khan and ors.
Court: Kolkata
Decided on: Jun-02-1932
Reported in: AIR1933Cal381
Costello, J.1. This is an appeal from a decision of the Additional Subordinate Judge of Chittagong, dated 19th September 1929, whereby he reversed the decision of the Munsif, 3rd Court, Patiya, dated 5th September 1927. The suit, out of which this matter arises, was instituted on 20th December 1926, and the plaintiffs were claiming to redeem certain lands, originally held by their predecessor in kayemi raiyati right. The plaintiffs claimed to redeem those lands upon the allegation that they were mortgaged by the plaintiff's predecessor-in-title to one Ashkar Ali on 23rd Jaistha 1260 M.E., corresponding to 5th June 1898. The defendant asserted that he had been continuously in occupation of the lands in question from the date just mentioned up to the time of the institution of the suit on 20th December 1926. The real defence to the plaintiffs' claim was that the document dated 23rd Jaistha 1260, was in law not a mortgage but was a deed of sale by which the lands therein referred to were ...
In Re: Janasakti of Sylhet and ors.
Court: Kolkata
Decided on: Jun-02-1932
Reported in: 138Ind.Cas.849
Panckridge, J.1. This is an application by one Bidhuranjan Chakravarti, the publisher of the 'Janasakti' a Bengali Weekly Newspaper published in Sylhet, asking the court to set aside an order made by the Government of Assam on February 26th 1932, directing him to deposit a sum of Rs. 1,000 as security.2. Under Section 7(3) of the Indian Press (Emergency Powers) Act 1931 (Act XXIII of 1931) whenever it appears to the Local Government that a newspaper, in respect of which security under the provisions of the Act has not been required, contains any words, signs or visible representations of the nature describai in Section 4, Sub-section (1), the Local Government may require the publisher to deposit security.3. Under Section 23(1) the publisher may apply to the High Court to set aside the order, and the High Court shall decide if the newspaper, in lespect of which the order was made, did or did not contain any words, signs or visible representations of the nature described in Section 4 sub...
(Syed) ZainuddIn HossaIn and ors. Vs. (Moulvi) Muhammad Abdur Rahim an ...
Court: Kolkata
Decided on: Jun-01-1932
Reported in: AIR1933Cal102,140Ind.Cas.799
1. The relationship of the parties who figure in this case will appear from the following genealogical tree:MOHAMED ISMAIL__________________________________|__________________________________| | | | |Mohamed Israil Mohammad Mohammed Fatema Bibi Azimunnessa(predeceased his Ibrahim Abdur Rahim (pro forma Bibi m, Syedfather) plaintiff). defendant 5). Tajammal| HosseinMohamed Gous |_______________________________________|__________________________|_______________________________| | | |Syed Zainuddin Syed Sharfuddin Mt. Fakherunnessa Mt. Zohra KhatunHossein Hossein Bibi (pro forma(defendant 1). (defendant 2). (defendant 3). defendant 4).2. The plaintiff's case shortly put was the following: that his father Mohammed Ismail, who owned considerable properties in and near about Calcutta built a mosque at No. 21, Ismail Street, and dedicated it as a place of worship for the Mahomedan public; and for the upkeep of the same he also, by a deed of wakfnama dated 17th January 1864 dedicated, amongst ...
Gorachand Barhal and ors. Vs. Mohitkrishna Kundu and ors.
Court: Kolkata
Decided on: Jun-01-1932
Reported in: AIR1933Cal270
1. This appeal is against the decision of the lower Court as to the amount of cesses payable by the respondents. The material facts are that the latter hold a tenure under the plaintiff-appellants, the area of which was found, on measurement, in the year 1893, to be 2,102 bighas. The rent of this tenure was fixed at Rs. 1,511 in accordance with the terms of the contract between the parties; and, in the valuation-roll prepared under the Cess Act, the annual value of the tenure is entered as Rs. 3,913, and the rental as Rs. 1,511.2. In 1911, the defendants, respondents here, sued for abatement of rent on the footing that a large area of the tenure had diluviated. The suit was carried to the Privy Council, and in 1922 a decree was passed under which the rent was reduced to Rs. 1,256-10-8-1/4. Plaintiffs have now claimed arrears of rent and cesses for the years 1329 to 1332 B.S. at this rate of Rs. 1,256 odd, but allowed a deduction under Section 41, Clause (2), Cess Act, on the basis of t...
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