Kolkata Court January 1933 Judgments
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Maharaja Bir Bikram Kishore Vs. Munshi Tafazzal, HusseIn and ors.
Court: Kolkata
Decided on: Jan-13-1933
Reported in: AIR1933Cal632
Mitter, J1. This appeal and the forty revision cases arise out of an order of the Subordinate Judge of Noakhali, dated 16th January 1931, by which he directed a remand for re-hearing of the suits in which this appeal and these revision cases arise. It appears that His Highness the Maharaja of Hill Tipperah instituted the forty-one suits in which this appeal and these revision cases arise in the Court of the Munsif at Feni for recovery of arrears of cesses for four years covering the period from 1332 to 1335 B.S. His case is that the defendant or defendants in each of these suits are the owners of niskar lands within the ambit of his zamindari and they used to pay cesses to the Collector of Tipperah but since 1913 these Niskar lands having been affiliated to his zamindari under the provisions of the Cess Act the Maharaja had been paying cesses to the Collector and realizing cesses from the defendants. The cesses were subjected to a re-valuation after an interval of ten years and the Mah...
Manir Sheikh and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-13-1933
Reported in: AIR1933Cal638,145Ind.Cas.889
Costello, J.1. In this case the three appellants, Manir Sheikh, Syedali and Abbasali, were charged, the first two under Section 302 and the third under Section 302 read with Section 109, I.P.C. All the three were found guilty by the jury and were sentenced to transportation for life. Mr. Biswas on behalf of these appellants has attacked the summing of the learned Additional Sessions Judge of Mymensingh in several particulars, but the chief ground for criticism is in reference to the evidence given by a witness named Safiruddin Fakir. This case for the prosecution, put very shortly, is this: The deceased man, Kasem Fakir, and his brother Yasin were returning home from Katakhalihat on 30th June 1931. Kasem was walking ahead of his brother and when he reached a bund by the Kalibajail river, Yasin heard a cry from Kasem. He then ran towards him and saw the accused, Syedali, strike Kasem with a sulpi. Subsequently Manir gave certain blows with a dao on the neck of the deceased, Kasem, and t...
Rafat Sheikh and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-13-1933
Reported in: AIR1933Cal640,145Ind.Cas.861
Costello, J.1. In this case six persons were put upon their trial before the learned Assistant Sessions Judge of Pabna on charges under Section 30/4 read with Section 34, I.P.C., Section 304= read with Section 149 and Section 147 of that Code. Appellant, Rafat Sheikh, was convicted by the jury under Section 304, read with Section 34, and on that charge he was sentenced to seven years' rigorous imprisonment; appellant 2, Sonaulla, was convicted under Section 304 read with Section 34 and on that charge was sentenced to five years' rigorous imprisonment; appellant 3, Bhasa Sheikh, was convicted under Section 304 read with Section 149 and sentenced upon that charge to four years' rigorous imprisonment and appellants 4 and 5, Kefat Sheikh and Mianullah Sheikh, were convicted under Section 304 read with Section 149 and upon that charge sentenced to three years' rigorous imprisionment. Accused 6, Moyezuddin Sheikh, was acquitted. Upon the charge under Section 147, I.P. C, all the accused were...
Bhagabaticharan Patra Vs. Emperor
Court: Kolkata
Decided on: Jan-12-1933
Reported in: AIR1933Cal644,145Ind.Cas.962
Costello, J.1. In this case the accused, Bhagabaticharan Patra, who was a despatcher in the Registered Letters Sorting Branch of the Calcutta General Post Office, was convicted by the Chief Presidency Magistrate, Calcutta, on charges relating to two postal packets. He was originally charged in respect of three packets. The first charge related to a registered letter No. E-l 35, containing two currency notes of Rs. 100 each, which was for despatch to Bombay. The charge was that he had abstracted from that packet both the notes. That is alleged to have taken place on 2nd December 1931. The second charge related to a registered letter No. 617, from which he is said to have abstracted three currency notes of Rs. 10 each on 7th December 1931, and the last charge related to a registered letter No. 590, from which he is said to have abstracted ten currency notes of Rs. 10 each on 26th December 1931, He was convicted in respect of the first and the third charges and acquitted with regard to th...
F.J. Eugster Vs. E.O. Gammeter
Court: Kolkata
Decided on: Jan-11-1933
Reported in: AIR1933Cal820,147Ind.Cas.484
Buckland, J.1. In this case the plaintiff sues for an account to be taken of the amount; due from the defendant to the estate of Adolph Meyer deceased and for a decree for the amount found to be due on an account being taken.2. Adolph Meyer, a gentleman who I understand had business in India and interests in Switzerland, died on 1st December 1929, leaving a will dated 26th October 1927. In respect of his estate in Europe by his will he appointed two gentlemen of the name of Wegmann and Pfister as his executors, and, as his executors to administer his estate in this country, he appointed the plaintiff and defendant. On 19th March 1930 probate of the will was granted to the Indian executors.3. On 22nd March 1922 the defendant had borrowed from the testator the sum of 8000 which by his promissory note bearing that date and made at Calcutta he promised to repay to the testator with interest at the rate of 7 per cent per annum. The interest, it has not been disputed, was paid up until 31st ...
Amirannessa Bibi and ors. Vs. Hatemali Khan and ors.
Court: Kolkata
Decided on: Jan-10-1933
Reported in: AIR1933Cal739
Mukerji, J.1. This appeal has arisen out of a suit which was instituted by the plaintiff for declaration of his title as khadem in respect of certain properties dedicated to a shrine and for recovery of possession thereof. Shortly put, the plaintiff's case was that on the death of the last khadem who had died childless he was, in accordance with a usage which appertained to this shrine, was elected as the next khadem by the villagers with the sanction of the zamindar of the place, who for the sake of brevity will be called the Delduar Zamindar. His case was that the defendants had dispossessed him from the suit land. Amongst the defendants there were two, namely, defendants 3 and 6, the daughters of the last khadem, who contested the plaintiff's claim. Their case mainly was that since their father's death they had been acting as khadems through their husbands and that khademship was hereditary in their family. They further challenged the validity of the title which the plaintiff set up...
Kandarpamohan Goswami Vs. Akshayachandra Basu
Court: Kolkata
Decided on: Jan-09-1933
Reported in: AIR1933Cal529
Lort-Williams, J.1. By a deed of settlement, dated 13th September 1916, Surabala Dasee and Sarojabala Dasee dedicated a certain piece of land and a temple and a house erected thereon to a certain deity, which they had installed and consecrated therein, and appointed themselves as shebaits, and conveyed to themselves, as such shebaits, the said properties upon trust, to supervise and manage the sheba and periodical festivals thereof, and defray the expenses out of money to be paid to them by trustees of the temple, derived from properties to be settled thereafter for the maintenance of the sheba. The shebaits were to have no proprietary interest in the temple, land or house, but were to be entitled to a share of the daily offerings. The deed further provided that the settlors should be the shebaits for their lives, with power by deed or will to appoint their successors:In default of such appointment by the said Sreemati Surabala Dasee her spiritual guide, Babu Mahendranath Chatterji of ...
Kabil Gazi Vs. Madari Bibi
Court: Kolkata
Decided on: Jan-09-1933
Reported in: AIR1933Cal630,145Ind.Cas.828
ORDERS.N. Guha, J.1. After hearing the learned advocates appearing for the parties in this case, it appears to me that leave should be granted to the opposite party in this Court, the petitioner by whom the application for dissolution of marriage was made before the learned District Judge of 24-Parganas to withdraw her application. It would be open to the party, the applicant for dissolution of marriage, to file a suit for dissolution of marriage in accordance with law; and any finding come to by the learned District Judge in his order against which this Rule is directed, will not affect hat rights of the parties. As the application on which the order of the learned District Judge, 24-Parganas was made, is allowed to be withdrawn, the order against which this is Rule is directed is discharged, and this Rule made absolute. There is no order as to costs in this Rule....
Pranballav Saha and anr. Vs. Bhagaban Chandra Seal and ors.
Court: Kolkata
Decided on: Jan-06-1933
Reported in: AIR1933Cal588,145Ind.Cas.657
Mukerji, J.1. In 1323, the predecessors of defendants 1 to 4 executed a mortgage in plaintiffs' favour in respect of certain properties on taking a loan of Rs. 895. In 1334 the plaintiffs released some of the properties on receiving Rs. 1,000 from the mortgagors and made an endorsement to that effect on the back of the mortgage bond. Defendant 8 had in the meantime purchased one of the properties, not one amongst the properties subsequently released. The plaintiffs instituted the suit for enforcing the mortgage security for the principal and interest due after deducting the amount, received by them and against all the mortgaged properties. In the plaint however he averred that he had released, some of the properties as aforesaid. The suit was contested by defendant 8 alone who was impleaded on the allegation that the plaintiffs had come to know of his purchase only a few months before the suit. The Munsif made a decree for sale in respect of all the mortgaged properties on the basis of...
Jalpaiguri Banking and Trading Corporation, Ltd. Vs. Samaresh Chakraba ...
Court: Kolkata
Decided on: Jan-05-1933
Reported in: AIR1933Cal535,145Ind.Cas.666
ORDERLort-Williams, J.1. The petitioners obtained a decree against the executors of the late Byomkesh Chukerbutty for over four lakhs of rupees, which decree remains wholly unsatisfied. By an indenture, dated 7th September 1927, Byomkesh Chuckerbutty mortgaged to the Imperial Bank of India certain properties mentioned in Schs. 1, 2 and 3 to the deed of mortgage together with all lands, buildings and structures thereon, and all rights, liberties, privileges, advantages, easements and appurtenances whatsoever belonging or relating to the said property. Schs. 1 and 2 refer to the mortgagor's property in certain buildings in Calcutta. Sch. 3 reads as follows:All those zamindari lands and rights known as the Chakrabarti estate comprising: (a) Datia pargana being situate in district and registration office of Khulna, tauzi Nos. 72-2, 82 and 413, Mauzas Nagarhata, Daulatpur, Sarsa, Bansbarhi, Raita, Pakurhia, Jaipur and all lands with sudder tahsil thana; (b) Saidpur pargana being situate in ...
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