Court : Kolkata
Reported in : AIR1933Cal429
Ameer Ali, J.1. I dismiss the application. Defendant 1 is the executor of the estate of his father, Ambikacharan De, who died on 2nd July 1925, leaving considerable property. He left him surviving defendant 1, Narendrakrishna De, a grandson and a grand-daughter; who by her next friend, her mother, the wife of defendant 1, is the applicant. In his will, the testator mentioned his debts. He also gave the present applicant a legacy of Rs. 8,000 to be spent for her marriage. Defendant 1 was residuary legatee, and also named as executor, in the alternative. He obtained probate in 1926, and according to the allegations in the petition, he has dissipated the property, with the result that even this sum of Rs. 8,000 cannot be found to satisfy the legacy of the applicant. Among other alienations made by the executor, which are set out in para. 8 of the petition, is the transaction, now challenged, viz., a mortgage, made in January 1927, of No. 11/1, Goabagan Street, Calcutta, for Rs. 30,000 in ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal464
Mukerji, J.1. Defendant 1 against whom a decree for confirmation of possession after declaration of plaintiff's title to an 8 annas share of a certain jama has been made by the Courts below, has preferred the appeal. The facts of the case are not at all complicated. They are, in so far as it is necessary to be stated here, the following: The jama belonged originally to two persons of the names of Nritya Bewa and Feli Bewa. They held it in equal shares. Feli Bewa's sons are the two plaintiffs in the suit, one of whom is Krishna Barai and the other is a minor of the name of Debi Charan Barai. Nritya Bewa had a son who died leaving a widow named Damayanti Bewa who is defendant 2 in the suit. Nritya Bewa's interest devolved on defendant 2 and Feli Bewa's on the plaintiffs. Feli Bewa and defendant 2 jointly executed a usufructuary mortgage in respect of the entire jama in favour of defendant 1. It is also said that subsequent to the execution of this usufructuary mortgage defendant 2 sold h...
Tag this Judgment!Court : Kolkata
Reported in : [1933]1ITR12(Cal)
LORD HANWORTH, M.R. - This appeal fails. [His Lordship stated the facts, and continued :] The question before us, which was neatly put by counsel in his argument when he opened this case, is this : Is the decision in what we have known as Rhymney Iron and Coal Co. v. Fowler, decided in 1896, a decision that still stands good ?It is suggested that as time has gone on there has been a recognition that trading costs must be looked at from a broader point of view than they were thirty-six years ago; that it has been decided, for instance, the Thomas v. Richard Evans and Co., that the expense of insuring for the purpose of meeting the contributions that have to be paid under the Workmens Compensation Act is now a deductible expense. In that case I said the payments which were there made were for the purpose of insurance and for nothing else. When one has come to see that that is so, these sums which are pad for insurance, deductible from the profits and gains because it is part of the syste...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal477
1. The plaintiff's case shortly put was as follows: By a lease dated 4th Agrahaon 1320 (20th November 1913) the plaintiff settled a chur named Chur Udaipur, consisting of about 392 bighas of land, for a period of ten years with one Asiruddi Hazi and one Kazem Munshi, for purposes of cultivation. The jote was sold in execution of a decree for arrears of rent for the period 1324 to 1327 B.S., and purchased by one Syeduddin, son of Asiruddi Hazi on 24th October 1922. Syeduddin thus came into possession and continued to be so for the unexpired portion of the lease. The term of the lease expired in Kartic 1330, when Asiruddi gave up possession, so that the chur reverted to the khas possession of the plaintiff. The plaintiff then caused proclamation for settlement of the chur to be made by beat of drum and by affixing notices at various places, got the chur surveyed and chittas and khatians prepared and then settled it with the pro forma defendants, such settlements being made during the per...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal495a,145Ind.Cas.185
Guha, J.1. This appeal is directed against an order passed by the learned District Judge of, in a proceeding under the Provincial Insolvency Act. It appears that two persons Satish Chandra Das and Subodh Chandra Das were adjudicated insolvents. Long before the order of adjudication was made, the debtors filed in Court, on 30th August 1928, a composition scheme, stating the terms of agreement with the creditors arrived at by them, and praying that the composition scheme might be given effect to after the order of adjudication is passed. The scheme was ordered to be kept with the record and put up on the date fixed for hearing. The order of adjudication was passed on 20th September 1928, but no attention was given to the composition scheme by any of the parties concerned, and no step was taken in regard to the same. The proceeding before the Court followed in the manner provided by law, on appointment of receivers in insolvency, without any reference to the composition scheme by any part...
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal134
Mukerji, J.1. The suit was instituted by the plaintiff for ejectment of the defendant on declaration of his own title and for mesne profits. It was instituted on the allegation that the defendant was a trespasser. For greater safety how-ever the plaintiff had chosen to serve a notice on the defendant giving him time till the 31st Chait 1335 to vacate. This he did because of an entry in the settlement record-of-rights in which it had been stated that the defendant was a Korfa tenant with occupancy right. Defendant pleaded that he held the suit lands in Korfa right at a jama of rupees 9-12-6 under the plaintiff and that he had acquired a right of occupancy to the jote by custom. The trial Court overruled both the pleas taken in defence and decreed the suit. On appeal preferred by the defendant the District Judge upheld the decision of the trial Court. As regards the question of notice, the argument that has been advanced before me is that the suit was instituted before the expiry of the ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal5
Mallik, J.1. The three appellants Miajan Biswas, Afser alias Afseruddin Molla and Samsil alias Samseluddin Molla with two other men Mokshea Shaikh and Ismail Shaikh were put on their trial under Sections 366, 458, 147 and 148, I.P.C. The trial was held by a jury. The jury unanimously found Mokshea Shaikh and Ismail Shaikh not guilty but Afser and Miajan guilty under Sections 147, 148, 366 and 458, I.P.C., and Samsil guilty under Sections 147, 366 and 458, I.P.C. The learned Judge accepted this verdict of the jury and sentenced Miajan and Afser to rigorous imprisonment for five years each under Sections 366 and 458, I.P. C, no separate sentence being passed under Sections 147 and 148 and the direction being that the sentences under Sections 366 and 458 were to run concurrently. The learned Judge sentenced Samsil to five years' rigorous imprisonment under each, of the Sections 366 and 458(the sentences to run concurrently) no separate sentence being passed under Section 147, I.P.C. The f...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal139
1. This rule has been issued upon the Chief Presidency Magistrate of Calcutta to show cause why the conviction and sentence imposed upon the petitioner should not be set aside on the ground that the learned Magistrate ought to have held that the article in question is an attack upon the capitalists without reference to the Europeans and that the prosecution does not disclose an offence under Section 153-A, I.P.C. The charge in this case is that by the publication of an article entitled 'Samrajya bader khara' or Sword of Imperialism' the accused attempted to promote feelings of enmity or hatred between different classes of His Majesty's subjects to wit, the Europeans and the Indians and thereby committed an offence punishable under Section 153-A. We have perused the article which is the basis of the charge, namely, the article published by the petitioner in the paper called 'Sarbahara' of which he is the Editor, entitled 'Samrajya bader khara,' and we find that while there are criticism...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal411
Mukerji, J.1. The plaintiffs' case was that they, as heirs of their father Bangshiram, were entitled to recover possession from the defendants of certain lands. Defendant 1 is the son of one Chandrakala, who is a daughter of Bangshiram and is defendant 5. Defendant 5 was married to one Golak, who had a brother Neel. Plaintiffs' case was that Golak and Neel were the former owners of the land and that they sold the land to Bangshiram in 1286 B.S. and that they were dispossessed by the defendants (SIC)1334 B.S.2. The defence was that, under an arrangement between Bangshiram on the one hand and Golak and Neel on the other, the latter two remained in possession in spite of the sale to the former; that, in 1225, Bangshiram sold the land to defendant 5 and the latter thus came into possession after Golak's death. The Courts below have allowed the plaintiffs a decree. They were of opinion that when the land was in the possession of Golak and Neel, and so of defendant 5 at the time of Bangshira...
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal85,147Ind.Cas.828
Mallik, J.1. The three appellants Rami-julla alias Romiz, Husan Ali alias Husan, Idrisulla and another man Abbas by name were put on their trial on charges Under Sections 366 and 376, I. P. C. The trial was held with the aid of a jury. The jury unanimously found Abbas not guilty under either of the two charges. They unanimously found all the three appellants not guilty Under Section 376, but by a majority of 4 to 1 found them guilty Under Section 366, I.P.C. The learned Judge accepting this verdict sentenced the three appellants to rigorous imprisonment for 4 years and 3 months. The facts of the case for the prosecution were briefly these: On the night of 13th April 1931 at about 2 dandas of the night Latifa Bibi who is an unmarried daughter of the complainant Nasri, a young girl of about 14, went out to answer a call of nature accompanied by her mother, the wife of Nasri. The three appellants with the other persons came and dragged Latifa Bibi away and when Nasri on hearing the cries ...
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