Kolkata Court April 1935 Judgments
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Mahim Chandra Guha Deb Barman Vs. Secy. of State
Court: Kolkata
Decided on: Apr-19-1935
Reported in: AIR1936Cal300,166Ind.Cas.734
1. The plaintiff-appellant in this appeal instituted the suit in which this appeal has arisen, prayed for a declaration that a raiyati jama held by him which was the subject of the litigation comprised an area of 117 drones odd of land and that the Record of Rights as prepared in the last revisional survey was incorrect and inaccurate; the main relief sought by the plaintiff in the suit was for a declaration that rent in respect of the raiyati holding was not liable to enhancement. The Secretary of State for India in Council was made a defendant in the suit, and the claim, as made in the suit, was contested by him. On the pleadings of the parties, one of the issues raised in the case related to the question whether the suit as instituted was barred by the provisions contained in Section 104-J, Ben. Ten. Act. On this part of the case, the plaintiff asserted that the suit was clearly maintainable in view of the provisions contained in Section 111-A, Ben. Ten. Act, and that the plaintiff ...
Golam Rabbani Alias Lal Mia and anr. Vs. Dewan Abul Khair Ahmad Ali Al ...
Court: Kolkata
Decided on: Apr-18-1935
Reported in: 163Ind.Cas.67
D.N. Mitter, J.1. This Rule raises a question of some importance. It appears that one Daraga Amiruddin, a rich merchant and zamindar of Dacca, built a Mosque, which is popularly known as Badamtoli Mosque situate at 1 Akmal Khan Road, Dacca and dedicated the property attached thereto for its upkeep and maintenance and acted as the mutawalli thereof till his death. After the death of the said mutawalli one Nurunnessa Bibi became a mutawalli of the said wakf properties and the mosque; and while so acting she executed a Towliatnama on Poush 16, 1330, B.S. by which she appointed the opposite party No. 3 Dewan Abul Khair Ahmad Ali the mutawalli. By this to wliatnama certain rules of succession to the to wliat were laid down and by virtue of those rules opposite party No. 3 became the mutawalli after the death of Nurunnessa Bibi which happened in 1332 B.S. It is alleged that opposite party No. 3 after assuming the management of the office of mutawalli misappropriated the income of the wakf pr...
Nara Narayan Mandal Vs. Aghore Chandra Ganguli and anr.
Court: Kolkata
Decided on: Apr-18-1935
Reported in: 163Ind.Cas.735
Henderson, J.1. This is a Rule calling upon the opposite party to show cause why an order of the District Judge of the 24-Parganas dismissing the petitioner's application under Section 36 of the Bengal Municipal Act should not be set aside.2. The petitioner's name was entered in Voters' List for Ward No. 4 in the North Barrackpore Municipality. He stood as a candidate in Ward No. 7 and was defeated, He then filed this application under Section 36 of the Bengal Municipal Act. The learned Judge, without going into the merits of the application, held that the petitioner had no locus standi to tile it and, accordingly, dismissed it. The petitioner then obtained this Rule, which in due course came on for hearing before S.K. Ghose, J. He came to the conclusion that the learned District Judge was wrong in his interpretation of Section 36; but as the Rule raised a very important question whether this Court has power to interfere with the order of an Election Court, he sent the case to a Divisi...
ManiruddIn Bepari Vs. the Chairman of the Municipal Commissioners, Dac ...
Court: Kolkata
Decided on: Apr-16-1935
Reported in: 164Ind.Cas.160
R.C. Mitter, J.1. This appeal which is on behalf of the plaintiff must be allowed. The defendant is the Chairman of Municipal Commissioners of the Dacca Municipality. There is public thoroughfare in the town of Dacca called the Chawkbazar road and the plaintiffs house abuts on it. It is still a public thoroughfare. The Municipality has not stopped or diverted any portion thereof. In fact, it is admitted that the whole of it is used as a thoroughfare from morning up to 6 o'clock in the evening and portions of it are used as a public thoroughfare from 6 o'clock in the evening till 6 o'clock in the morning. But what the Municipality has done is this. It has granted either licenses or leases to milkmen and other shop-keepers to use a portion of the public thoroughfare for the purpose of putting their articles there and vending them. This they usually do in pursuance of the said licenses or leases from the Municipality generally from 6 o'clock in the evening till 12 o'clock in the night as ...
Kedar Nath Moyra Vs. Gollam HossaIn Mollah and ors.
Court: Kolkata
Decided on: Apr-11-1935
Reported in: 165Ind.Cas.53
R.C. Mitter, J.1. The plaintiff Motiullah Mollah, whose legal representatives are the respondents in this appeal, sued the defendant-appellant for arrears of rent and cesses due from Magh 1334 to Chait 1337 at the rate of Rs. 73-2 per year. He also claimed additional rent for excess area for the same period. The suit was based on a registered lease, dated Falgoon 18, 1309, by winch 30 bighas of land was let out at the rate of Rs. 27 per bigha. By the terms of the lease the tenant has to pay additional rent for lands in excess of 30 bighas at the rate of Rs. 2-7 per bigha. At the time of cadastral survey under Chapter X of the Bengal Tenancy Act the area in the possession of the defendant was found to be 35 bighas 19 eottahs 8 chittaks. The plaintiff accordingly claimed as additional rent the sum of Rs. 13-15-5-1/2 gandas for the 5 bighas 19 cottahs 8 chittaks of land of which the defendant was in possession in excess of the 30 bighas of land menticned in the said lease.2. The defence t...
Pankajini Debi Vs. Satish Behara Buna and ors.
Court: Kolkata
Decided on: Apr-11-1935
Reported in: 165Ind.Cas.208
R.C. Mitter, J.1. This appeal is on behalf of the plaintiff whose suit for ejectment has been dismissed. It is admitted that the land in suit which is a piece of homestead land together with other arable lands formed the raiyati holding of one Rati Kanta Buna. The raiyati holding of Rati Kanta Buna comprised an area of 3 bighas 12 cottas of land bearing a rental of Rs. 1-8-0 per year. It comprised of two plots of land, one homestead plot and the other consisting of agricultural lands. When this raiyati holding was created, there is no evidence. It may be that it was created long before the passing of the Bengal Tenancy Act. Rati Kanta had let out the lands to one Narendra Nath Bishnu. Narendra Nath Bishnu's tenancy comprised both agricultural lands and the homestead. It was an agricultural lease. There is no evidence when this under raiyati in favour of Narendra Nath Bishnu was created. It may be before the passing of the Bengal Tenancy Act. The plaintiff has purchased the interest of ...
Pyari Mohan Pal Vs. Brahmananda Barna Sarma and ors.
Court: Kolkata
Decided on: Apr-11-1935
Reported in: 163Ind.Cas.700
R.C. Mitter, J.1. This appeal is on behalf of the plaintiff in a suit for establishment of his right of way over a strip of land specified in the schedule annexed to the plaint, and for removal of obstructions there from and other reliefs. The suit was instituted against a number of defendants, one of them being defendant No. 17. Defendant No. 17 along with other defendants filed written statement in which he denied the right claimed by the plaintiff. In the course of the suit in the Court of first instance defendant No. 17 died, his legal representative being not brought on the record in time an application was made by the plaintiff to set aside the abatement as against his legal representatives. By order No. 42, dated January 6, 1931, the learned Munsif refused to set aside the abatement, the holding that the affidavit filed on behalf of the plaintiff was vague, indefinite and unreliable. After that the suit proceeded and the learned Munsif went into the merits of the claim and held ...
Kumud Nath Das Saha and ors. Vs. Kunjabala Dassya and anr.
Court: Kolkata
Decided on: Apr-11-1935
Reported in: 164Ind.Cas.132
D.N. Mitter, J.1. The question raised by this appeal turns on the construction of the kabuliyat dated February 6, 1868. It appears that the plaintiff purchased a putni tenure on April 26, 1928, from Moharaj Bahadur Singh and his sons. The defendants held a darpatni under the original putnidars and that darputni is evidenced by a kabuliyat in favour of the original putnidar dated February 6, 1868. The rent payable by the darputnidars is mentioned as a sum of Rs. 4,761. The present suit was instituted by the purchasers of the putni for determination of fair and equitable rent in respect of the darpuini tenure under the provisions of Section 7 of the Bengal Tenancy Act. The defence of the defendants to the suit is that the tenure which he holds under the putnidar is a mokrari tenure and its rent is not liable to enhancement. The question, as has already been stated, turns on the construction of the darputni pottah or kabuliyat. The Subordinate Judge has accepted the contention of the defe...
indra Chand Kejriwal Vs. Basropan Shaw and ors.
Court: Kolkata
Decided on: Apr-11-1935
Reported in: 164Ind.Cas.791
ORDERMc Nair, J.1. This is an application by the plaintiffs that the defendants do produce the documents disclosed in their affidavit of documents at the office of their Solicitors in Calcutta.2. The suit has been filed by the plaintiffs in Calcutta on the allegation that there was a contract in Calcutta for certain goods to be supplied at Garhani and Sajhauli in the District of Arrah in Behar.3. In their affidavit of documents the defendants disclosed certain books of account from the years 1929 up to 1934. In those books are included the roker and the ledger of the defendant firm relating to the Garhani and Sajhauli shops. They also disclosed in their affidavit other books relating to their Garhani shop which are in the Munsifs Court at Arrah as exhibit in connection with some other suit.4. The question which has to be decided is whether the inspection should be given here or at or near the place where the books are in custody.5. The plaintiffs rely very strongly on two letters from ...
Rur Singh Vs. Emperor
Court: Kolkata
Decided on: Apr-11-1935
Reported in: 164Ind.Cas.265
Jack, J.1. In this case, the petitioner Rur Singh has been convicted under the provisions of Section 223 of the Indian Penal Code and sentenced to two years' simple imprisonment on the charge that he, being a public servant charged with the duty of keeping in confinement certain prisoners who were under trial, negligently suffered these prisoners to escape from confinement.2. The facts are that on July 31, 1934, at about 2 p. m. seven under-trial prisoners attempted to escape and four of them succeeded by scaling the wall of ward No. 13 in which they were confined along with a number of other prisoners in charge of the accused who was an Additional Head Warder.3. The defence of the accused is that he Was overpowered by four of the prisoners as soon as he blew his whistle, that he blew his whistle as soon as he saw a prisoner scaling the inner western wall of Ward No. 13 and that his whistle was broken and a button of his waterproof coat was torn off, that he made every attempt to preve...
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