Kolkata Court March 1935 Judgments
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Purna Chandra De Vs. Muhammad Tuka Mia and ors.
Court: Kolkata
Decided on: Mar-25-1935
Reported in: 163Ind.Cas.725
1. This appeal is directed against a preliminary decree passed by the learned Subordinate Judge of Noakhali in a suit for ejectment of a mortgage (?) and for for other incidental reliefs. The mortgage-bond, on the basis of which the suit was instituted by the plaintiff-appellant in this Court, was executed on April 24, 1916; and it contained stipulations for payment of simple interest as well as for payment of compound interest at the rate specified, in certain events. An issue was specifically directed on this part of the case to the effect following:Issue No. 2. What is the rate of interest agreed upon by the parties? Did the executants contract to pay compound interest? Can the plaintiff get compound interest as claimed on tae strength of the bond?2. The stipulations contained in the mortgage bond, so far as the payment of interest was concerned, were these: 'We shall pay interest on it at the rate of Rs.1-12-0 percent, per month. We shall re-pay the entire amount of principal and i...
Umacharan Biswas Vs. Debendranath Poddar and ors.
Court: Kolkata
Decided on: Mar-25-1935
Reported in: 164Ind.Cas.1001
R.C. Mitter, J.1. This appeal is on behalf of the plaintiff in a suit for ejectment which has been dismissed by both the Courts below. It has been found that Niranjan Poddar, father of defendants Nos. 1 and 2, executed in favour of defendants Nos. 3-10 a kabuliyat on Assin 26, 1324 The said kabuliyat was for a term of ten years, i. e. up to Poms 133-1. In the kabuliyat it was stipulated that on the expiry of the month of Poms 1334, the tenant would vacate the lands without any further notice or demand on the part of the landlords. It has been found by the Courts below, and that finding has not been challenged before me, that Niranjan was a settled ryot of the village. On the death of Niranjan his sons, defendants Nos. 1 and 2, inherited his properties and are in possession of the property in suit. The plaintiff got a lease from defendants Nos. 3--10 on Falgoon 2, 1334 and it is on the strength of the title thus derived he has sued for possession.2. Defendants Nos. 1 and 2 resist the pl...
Kadu Vs. Sreemati Koleman Bibi
Court: Kolkata
Decided on: Mar-22-1935
Reported in: 163Ind.Cas.188
D.N. Mitter, J.1. The question raised by this appeal is one of considerable importance. It appears that the appellant was the defendant in the suit brought by the plaintiff-respondent Sreemati Koleman Bibi for dissolution of her marriage with the appellant. The grounds on which the application was rested are: (1) that she had been subjected to ill-treatment and beating, and ultimately turned out of his house, that is cruelty; and (2) that after having been turned out of his house the husband failed to bring her back and to maintain her. These are substantially the two grounds on which this suit was founded. The defence was that the petition for dissolution of marriage was not maintainable according to Muhammadan Law and custom. A further defence was taken denying the allegation of cruelty. The positive case of the defendant was that his father-in-law was under undue influence of other persons with one of whom he was negotiating with his daughter's marriage and consequently the petition...
The Hon'ble Raja Bejoy Singh Dudhuria and on his Death his Heirs and L ...
Court: Kolkata
Decided on: Mar-22-1935
Reported in: 163Ind.Cas.829
R.C. Mitter, J.1. These twenty-one appeals are on behalf of the plaintiff in as many suits instituted by him for recovery of 8 annas share of the rent in respect of certain raiyati jotes. One Sarat Chandra Goswami has been made a pro -forma defendant on the allegation that he is entitled to the remaining 8 annas share of the rent. The admitted facts are these: Before the year 1903 there were in existence four tenures held by certain persons. At that time the plaintiff was the owner of the 8 annas share of Dihi Poaili and Thakurdas Goswami was the owner of the other 8 annas share of the said Dihi. In 1903 t he plaintiff gave his share in the owner Dihi in patni to the said Thakur Das Goswami. The position, therefore, was that after the year 1903 Thakur Das was the owner of 8 annas share in patni right. He died and both the patni and zemindari right belonging to him was inherited by Ashutosh Goswami and others. Between the years 1903 and 1921 Ashutosh Goswami and others purchased in exec...
Jotish Chandra Ghose Vs. Bireswar Haldar of Bhatpara and anr.
Court: Kolkata
Decided on: Mar-21-1935
Reported in: 164Ind.Cas.210
S.K. Ghose, J.1. This is an application for the revision of an order allowing setting aside an auction sale under the following circumstances. There was a mortgage decree in execution of which the present petitioner auction-purchased certain properties on May 16, 1934, for a sum of Rs. 4,100. He duly deposited Rs. 1,025 and the balance in due course on May 29, 1934. In the meantime on May 22, 1934, the judgment-debtor opposite parties made an application under Order XXI, Rule 90 of the Code of Civil Procedure to have the auction sale set aside. On June 14, 1934, the decree-holder and judgment-debtor opposite parties filed a joint application under Order XXI, Rule 89 of the Code stating that the judgment-debtor had paid to the decree-holder the amount specified in the sale proclamation and was executing in favour of the decree-holder a deed of sale for Rs. 4,200 in respect of the property in execution and further had deposited Rs. 205 being 5 per cent, compensation payable to the auctio...
Nilmoney Maity Vs. Kumar NaraIn Jana and ors.
Court: Kolkata
Decided on: Mar-21-1935
Reported in: 164Ind.Cas.802
McNair, J.1. The petitioner who obtained this Rule is a decree-holder. Opposite Parties Nos. 2 to 4 who have appeared in this Rule are all sureties of the judgment-debtor. The judgment-debtor obtained loans on three bonds from the Digliadari Joutha Bank which is a rural bank registered under the Co-operative Societies Act of 1912. The judgment-debtor failed to pay the debt and the matter was referred to the Assistant Registrar of the Co-operative Society as an arbitrator. He made an award on May 16, 1932, and against that order no appeal was taken. The decree-holder applied to execute the award in the Munsif's Court. Objections were raised by the sureties under Section 47 of the Code of Civil Procedure. Those objections were upheld in the first Court and rectification of the award was ordered. On appeal, however, the learned District Judge on June 23, 1933, held that there was nothing to show that the award was without jurisdiction and that the executing Court had no power to go behind...
Secy. of State Vs. Promatha Nath Ganguli
Court: Kolkata
Decided on: Mar-19-1935
Reported in: AIR1935Cal552,157Ind.Cas.1116
1. This is an appeal by the Secretary of State for India in Council from a decision of the learned Subordinate Judge, Dinajpur, passing a decree in favour of the plaintiff-respondent in this Court, for Rs. 780 by way of damages for wrongful dismissal from Government service. The case before the Court was that the plaintiff was a Sub-Inspector of Police, and as such had to investigate into several dacoities, bad livelihood cases and a gang case in the year 1921. On a confidential enquiry made as to the conduct of another police officer, it transpired from statements of some persons that the plaintiff had extorted money from various persons, and had attempted to obtain illegal gratification, by using threats of house search, arrest and other injuries. After those statements had been recorded, the plaintiff was directed to show cause why he should not be dismissed on the ground that he had obtained illegal gratification in the shape of money, by means of extortion practised on persons nam...
Mahendra Narayan Roy Chaudhury and ors. Vs. Dakshina Banjan Roy Chaudh ...
Court: Kolkata
Decided on: Mar-19-1935
Reported in: AIR1936Cal34,160Ind.Cas.870
R.C. Mitter, J.1. This appeal is on behalf of defendants in a suit instituted by the plaintiffs for declaration of title to a certain property and for recovery of possession. The Court of first instance granted the plaintiffs a decree for eight annas share and dismissed their claim with regard to the remaining portion of the property. The plaintiffs and the defendants being both dissatisfied with the decree passed by the trial Court preferred appeals which were heard together by the Subordinate Judge, Second Court, at Faridpore. The learned Subordinate Judge dismissed the defendants' appeal but allowed the plaintiff's appeal. A decree has accordingly been passed which is entirely in favour of the plaintiffs. The defendants have preferred this appeal against the decree made by the Subordinate Judge, second Court, Faridpore. To follow the controversies between the parties the following facts have to be stated. The property which is the subject--matter of the dispute, that is to say the s...
Maulvi Omar Ali Barlashkar Vs. Jnan Ranjan Mitra
Court: Kolkata
Decided on: Mar-19-1935
Reported in: 163Ind.Cas.576
1. The plaintiff alleging that the defendant has in publishing a book named Bhugal Sopan, committed piracy of the general plan, arrangement, style and contents-of his book entitled Prathamic Bhuparichaya, 4th edition, instituted this suit for injunction and other reliefs on the ground of infringement of copyright. The defences taken were the usual defences open in actions of this character.2. The Subordinate Judge held that though the plaintiff's book is a compilation and not an original work in the sense of originality of thought, research or investigation, was yet a work which bears his own characteristic stamp or impress by reason of the fact that he has put into it his own labour, skill and intelligence and so an element of originality of workmanship, expression, method and arrangement. He held, therefore, that the plaintiff has copyright in his book. He held, however, that the general plan, style and arrangement with regard to elementary treatises of this character intended for be...
Joseph Anthony Sweenney Vs. Mercy Beatrice Catherine Sweenney and anr.
Court: Kolkata
Decided on: Mar-18-1935
Reported in: 163Ind.Cas.749
Costello, J.1. This is a reference under Section 17 of the Indian Divorce Act for confirmation of a decree for dissolution of marriage made by the District Judge of Midnapore.2. The petitioner is Joseph Anthony Sweenney and the respondent is Mercy Beatrice Catherine Sweenney. The husband petitioner was seeking dissolution of his marriage with the respondent on the ground of latter's adultery with a man named Lazarus Thaddeus who was made the co-respondent in the proceedings and against whom the learned Judge made an order for payment of costs.3. The petitioner by his petition averred that he was married to the respondent on June 29, 1926, at the Church of the Sacred Heart at Kharagpur. The respondent at that time was a spinster. Both the petitioner and the respondent profess the Christian religion. They are Anglo-Indians and are domiciled in India. After the marriage the petitioner lived and cohabited with the respondent at Kharagpur. There was no issue of the marriage. The petitioner'...
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