Court : Kolkata
Reported in : AIR1933Cal651
Guha, J.1. The only question arising or consideration in this appeal is whether the restriction of the rights of creditors as contemplated by Section 51, Provincial Insolvency Act was applicable in favour of the appellant Akshoy Kumar Chatterjea, representing the firm of Messrs. D.N. Chatterjee and Co., who as a creditor, has applied for the adjudication of one Atul Kristo Nath as an insolvent. The facts leading up to the order made by the learned District Judge of Hooghly on 28th January 1932 against which this appeal is directed, may be briefly referred to, so far as they are relevant for the purpose of the appeal before us. The appellant applied to the Court for an order of adjudication on 26th February 1929. On the admission of the petition for adjudication and the appointment of a receiver in insolvency there was an application by the appellant, on 12th August 1929, for staying sale in Money Execution Case No. 94 of 1929 of the Second Subordinate Judge's Court at Hooghly. This was...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal417
Rankin, C.J.1. This is an appeal from an order made by my learned brother Ameer Ali, J., whereby he dismissed a creditor's petition for, the adjudication of the two respondents as insolvents under the Presidency Towns Insolvency Act. The petition was brought on 4th March of the present year and the learned Judge proceeded upon the ground that, in his opinion, it was not made out by the creditor that the debtors were not in a position to pay their debts. It is quite true that one of the reasons for which the Court is enabled to dismiss a creditor's petition is the reason given in Section 13, Presidency Towns Insolvency Act, which says that:the Court shall dismiss the petition if the debtor appears and satisfies the Court that he is able to pay his debts.2. It will be seen that the burden of proof is entirely on the debtor. In the present case the question appears to be what is meant by saying that the debtor has to prove that he is able to pay his debts. The case made by the respondents...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal65
Panckridge, J.1. In this case the accused has been convicted of an offence punishable under Section 408, I.P.C., and sentenced to undergo rigorous imprisonment for six weeks and to pay a fine of Rs. 1,000 and in default, to undergo further imprisonment for six months. The learned Magistrate further ordered that the whole of the money, if realized should be paid to the complainant as compensation.2. The case for the prosecution is that the accused was a servant of the complainant and was left in charge of a business belonging to the complainant in Calcutta known as the Punjab Watch Company. The complainant fell ill and went to Amritsar of which place he is a resident. On his return, he found that the accused had removed all the stock in trade of the shop and converted it to his own use. The defence suggested by the accused was that he was not a servant of the complainant but a partner in this business called the Punjab Watch Company. The complainant gave evidence that the accused was hi...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal170
Buckland, J.1. The plaintiff in this suit claims to recover the sum of Rupees 20,000 together with interest and costs under a policy of insurance against loss by fire being No. 1260486 issued by the defendant company on 26th November 1927 in respect of building No. 57, Abbotabad Cantonment, which was destroyed on 20th November 1928. The policy, as stated, was issued on 26th November 1927 and insured the plaintiff in the sum of Rs. 20,000 against fire in respect of the building owned by him at Abbotabad for one year from 3rd November 1927 to 3rd November 1928, upon which date the policy is stated to be renewable. On 20th November 1928 the premises insured were completely destroyed by fire, but on the 18th the plaintiff had posted to the defendant company a cheque for Rs. 85 on account of the renewal premium. Actually the amount of the renewal premium was Rs. 100, but he was allowed a discount amounting to Rs. 15 by reason of which the company, on receipt of the cheque on 26th November 1...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal475
Mukerji, J.1. The plaintiffs who have been unsuccessful in both the Courts below in a suit which they had instituted for recovery of possession from the defendants on the ground that the latter had abandoned a raiyati holding which they held under the plaintiffs have preferred this appeal. So far as the findings of the two Courts below are concerned they are very clear and specific and if there was no error of procedure or irregularity in the proceedings the findings could not possibly have been interfered with in second appeal. Unfortunately, however owing to an erroneops procedure that was adopted the plaintiffs appear to have been put to a position of very great difficulty and that has occasioned an amount of prejudice to them which cannot possibly be overlooked. A question arose as to whether certain huts standing on the land had been recently constructed or were in existence from long time before. For the purpose of having this matter inquired into, the Munsif issued a commission ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal760
C.C. Ghose, J.1. In this case the learned Additional Sessions Judge of Dacca, disagreeing with the verdict of the jury who found the accused not guilty of the charges framed against them under Sections 117 and 302, I. P. C., has made a reference to this Court under the provisions of Section 307, Criminal P. C.2. The facts are as follows : On the night of 28th/29th July 1931, after information had been received from D. I. B., Dacca, that seditious leaflets were likely to be posted on several places that night, police patrols were instructed to be on the look out for anyone doing this. After patrolling for some time, about 2 a.m., two constables in plain clothes were proceeding northwards along a western road when they saw ahead of them three persons doing something outside the gate of the public library. The three then went, northwards; and the constables, on reaching the gate of the library, saw there a tacently posted leaflet printed in English and headed 'Blood calls for Blood.' At a...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal388
Rankin, C.J.1. This is a wife's appeal from the judgment and decree of the learned Judge on the original side, who has dismissed her petition for dissolution of marriage. It appears that the parties were married on 26th April 1920. There is issue of the marriage, one son Derek, born on 13th March 1924. In 1921 the wife began proceedings for judicial separation in this Court which proceedings were discontinued. On 24th November 1930, the parties entered into a separation deed, upon the terms of which the main matter for decision arises. On 13th July 1931, the wife brought another suit against the husband, which she withdrew. On 3rd September 1931, she brought the present petition. In the first instance, four issues were settled. One was whether the petition was barred by reason of the previous proceedings. The second was whether the petitioner was entitled to refer to acts of cruelty alleged in the previous proceedings. Neither of these issues appear to be effective, nor indeed is there...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal559,145Ind.Cas.446
Guha, J.1. These rules are directed against an order passed by the Subordinate Judge, First Court, 24-Parganas, on 30th January, 1932, in Title Suit Nos. 84 and 164 of 1930, holding that the additional issues 14 to 20 raised in suit No. 84, and the additional issue raised in Suit No. 164 which is in the same terms as issue 15 in Suit No. 84, described as 'issues of law' may be tried first, and also that the suits 'may be disposed of on the issues of law only.'2. The history of the litigation has been set out in very great detail in the application to this Court on which these rules were granted, as also in the affidavits filed by the parties in this Court. The suits out of which these rules have arisen relate to the title of the petitioner as claimed by him to the Bijni Raj in Assam, and to a certain item of property belonging to the Raj which is in Bengal. In view of the passing of an enactment known as the Bijai Succession Act, 1931, (Assam Act 2 of 1931), which received the assent o...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal785
Mukerji, J.1. The only question in this appeal relates to the validity of a hebanama which is alleged to have been executed by one Sanjia in favour of his daughter Jharimai Bibi. The trial Court found that though there are some circumstances throwing an amount of suspicion on the transaction on the ground that the donor was not a person of sound or sufficiently strong mind and was also unduly influenced, those circumstances are not enough to pronounce against its validity. It held however that it had not been proved that there was any delivery of possession accompanying the gift, and on that ground it held that the alleged heba was invalid. The District Judge agreed with the trial Court so far as the first of the two findings aforesaid, but as regards the second finding he differed from the trial Court observing as follows:Having regard to the fact that even after the hebanama Sanjia was living with his daughter, and that his act and management, which are admitted, can be construed, in...
Tag this Judgment!Court : Kolkata
Reported in : 140Ind.Cas.787
1. In this case the learned Additional Sessions Judge of Dacca, disagreeing with the verdict of the Jury who found the accused not guilty of the charges framed against them under Section 117 and 302, Indian Penal Code, has made a reference to this Court under the provisions of Section 307, Criminal Procedure Code.2. The facts are as follows: On the night of 28th-29th July, 1-31, after information had been received from D.I.B., Dacca, that seditious leaflets were likely to be posted on serveral places tha1 night, Police partols were instructed to be on the lookout for any one doing this. After patrolling for some time about 2 A.M., two constables in plain clothes were proceeding northwards along a western road when they saw ahead of them three passing doing something outside the gate of the Public Library. The three then went northwards; and the constables, on reaching the gate of the library, saw, there a recently posted leaflet printed in English and headed 'Blood calls for Blood'. At...
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