Kolkata Court June 1935 Judgments
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Lalit Kishore Mitra Vs. Nathu Mandal and ors.
Court: Kolkata
Decided on: Jun-28-1935
Reported in: AIR1935Cal634,158Ind.Cas.594
R.C. Mitter, J.1. This appeal is on behalf of the plaintiff who is a co-sharer landlord, his share being 8 annas. The pro-forma defendants are the remaining co-sharer landlords, but they have not appeared and taken part in the proceedings. The suit was for recovery of the plaintiff's share of the rent for the years 1337 and 1338 and for his share of the cesses for the years 1335 to 1338. The plaintiff avers that the total jama is Rs. 35-6-6 a year and the total cess payable by the tenants defendants is Rupees 11-6-9 per year, and he claims on the said basis. His claim was decreed in full by the Munsif, but on appeal the learned District Judge has reduced his claim for cesses. The appeal is therefore directed to that part of the judgment and decree of the learned District Judge which deals with the plaintiff's claim for cesses.2. In the valuation roll the annual value of the lands in the defendants' possession has been determined to be Rupees 200-6-0. Their tenancy is entered in form No...
Satish Chandra Chakravarty Vs. Abdul Haque Sardar and ors.
Court: Kolkata
Decided on: Jun-28-1935
Reported in: AIR1936Cal180,162Ind.Cas.154
Nasim Ali, J.1. The suit out of which this appeal arises was for recovery of arrears of rent and for enhancement of rent under Section 30 (b), Ben. Ten. Act. In the present appeal, however, I am concerned only with the question of enhancement. The holding is admittedly an occupancy holding. The claim for enhancement is also not hit by Section 37 of the Act. The learned Munsif rejected the plaintiffs' prayer for enhancement under Section 30 (b) on the ground that there had been a fall in the price of staple foods since the rent was adjusted by a decree under Section 52 of the Act in the year 1929. The lower appellate Court however has reversed that decision and has remanded the suit to the trial Court. Hence this appeal by the tenant. By Section 30 (b) the landlord of an occupancy holding held at a money rent, is entitled, subject to other provisions of the Act, to institute a suit to enhance the rent of the holding on the ground that there has been a rise in the average local prices of...
The Superintendent and Remembrancer of Legal Affairs Vs. Jair Ali and ...
Court: Kolkata
Decided on: Jun-28-1935
Reported in: 164Ind.Cas.1007
Jack, J.1. This is an appeal by the Superintendent and Remembrancer of Legal Affairs, Bengal, against an order of acquittal of the respondents on charges under Sections 147, 225-B and 332 of the Indian Penal Code. The respondents were charged with committing riot in order to rescue certain persons arrested under the provisions of Section 55 of the Criminal Procedure Code, the intention of the Police being to initiate proceedings against the latter under Section 110 of the Code of Criminal Procedure. These persons were rescued by their relations and friends, who assembled together and attacked the Police party. [One of the respondents Roahid Ali having injured a constable by a blow on the arm with an axe, was charged under Section 332, and the rest were charged under Section 147 and 225 B, Indian Penal Code.2. The facts have been found against the respondents and we see no reason to doubt these findings of fact. But the respondents have been acquitted on the ground that the custody of t...
Hemanta Kumar Ghose and ors. Vs. Rajendra Mondal and ors.
Court: Kolkata
Decided on: Jun-27-1935
Reported in: AIR1935Cal619,158Ind.Cas.436
Nasim Ali, J.1. This Rule raises a question of procedure. The facts which give rise to this Rule and do not admit of any dispute are these: The petitioners instituted a suit in the Court of the Subordinate Judge of Khulna against the opposite parties and other persons for establishment of their title and recovery of possession of a large quantity of land in the year 1920. The contesting defendants divided themselves into ten groups and ten sets of appearances were entered in the trial Court. The Subordinate Judge decreed the suit in full with costs. In the decree that was prepared the costs allowed to the plaintiffs were shown but the costs incurred by the defendants for pleaders' fees were not entered therein as required by Order 20, Rule 2, Clause (2), Civil P.C. Against the said decree only 12 of the defendants preferred an appeal to this Court out of whom ultimately 9 appellants succeeded with the result that the suit stood dismissed as against them with costs. On 15th September 19...
Ashutosh Choudhury Vs. Ali Sheikh and ors.
Court: Kolkata
Decided on: Jun-27-1935
Reported in: AIR1935Cal763
M.C. Ghose, J.1. This is an appeal by the plaintiff in a suit for arrears of rent and for enhancement of rent. The 1st Court found that the plaintiff sued as shebait of a certain idol but that Ex. 1-a showed that the defendants held the jama under him personally and that the rent is to be paid to him personally. As he sued as a shebait of an idol the first Court dismissed the suit. As to the question of enhancement the 1st Court held on the evidence that the enhancement should have been by one and half anna per rupee from the year 1340 B.S. The plaintiff appealed against the dismissal of the suit. The Court of appeal below held that the plaintiff having sued as a shebait he being really the dakhalikar his suit could not succeed. Upon hearing the learned Advocates on both sides it appears that the Courts below misread the settlement record Ex. 1-a the record of the defendants, which shows that the defendants are the owners of the land and they are liable to Ashutosh Choudhury. The figur...
Barisal Loan Office, Ltd. Vs. Sasthi Charan Bhattacharya and anr.
Court: Kolkata
Decided on: Jun-26-1935
Reported in: AIR1936Cal282
1. These two appeals have arisen out of proceedings in execution of decrees in which applications under Section 47, Civil P. C., were filed. The question raised in this application under Section 47 related to objection by the judgment-debtor company, appellant in this Court, to the execution of the decrees. It was asserted by the judgment-debtor company that a scheme of composition under Section 153, Companies Act, for payment of money due to the creditors of the judgment-debtor company was filed before this Court on 31st August 1933 and a preliminary sanction having been granted to the same, a meeting of the creditors was held in accordance with the order of this Court, and a scheme of composition was passed. The case of the judgment-debtor company was that after the scheme of composition under Section 153, Companies Act, had been filed in this Court and passed at a meeting of the creditors as provided by law the execution as started by the decreeholders could not proceed under the la...
Brojendra Kumar Dutta Roy Vs. Sushil Chandra Chakravarty and ors.
Court: Kolkata
Decided on: Jun-26-1935
Reported in: AIR1936Cal334,163Ind.Cas.270
1. This is an appeal by one of the defendants from a decree for sale which the plaintiff has obtained on a mortgage bond. The plaintiff's case was that the defendant and his three brothers and also their mother executed the bond on 7th Pous 1323 (22nd December 1916) and borrowed Rs. 5,500 at an interest of 14 as per cent per month compound with six monthly rests in order to pay off two earlier mortgages on some of the properties covered by this bond; that these two mortgages were one dated 17th Magh 1323 (31st January 1916) for Rs. 2,000 in favour of one Tara Nath Mitra bearing interest at 12 as per cent per month and another dated 12th Falgoon (24th February 1916) for Rs 1,800 from one Kunja Chakravarty bearing interest at 10 annas per cent per month and also that he had received two sums, namely Rs 613-2-0 and Rs. 1,365/-, on account of interest due, the former through one Jogendra Chakravarty, brother of Kunja Chakravarty, and the latter through one Mon Mohan Moulik, Mukhtear of the...
Indian Iron and Steel Co. Ltd. Vs. Bara Gopal Thakur and ors.
Court: Kolkata
Decided on: Jun-25-1935
Reported in: AIR1935Cal641,158Ind.Cas.656
1. This is an appeal by the Indian Iron and Steel Co. Ltd., from a decision of the District Judge of Burdwan by which the learned Judge has dismissed their claim to a part of the compensation money awarded for acquisition of lands for a project named, Indian Iron and Steel Co. Ltd., construction of their works, office and buildings.' In the reference which has given rise to this appeal the claim of the appellants was confined to two plots of land numbered as 1156 and 1159. They claimed a fifth share of the compensation money awarded for plot 1156, and a sixth share of that for plot 1159. From the judgment appealed from it would appear that the claim as regards the latter plot was not seriously pressed in the Court below, and in this Court Mr. Bose appearing on behalf of the appellants has conceded that there are no sufficient materials on which he can argue that the said plot is identifiable with or covered by the subject-matter of the two kobalas on which the appellants' claim as rega...
Ratan Chand Jahwirlal and anr. Vs. Pramatha Nath Guha and ors.
Court: Kolkata
Decided on: Jun-20-1935
Reported in: AIR1935Cal650
Nasim Ali, J.1. This appeal arises out of a proceeding under the Provincial Insolvency Act. Takatmull Nahata and Prithiraj Nahata, who were carrying on business under the name and style of Firm Mulcanchand Chauthumull of Calcutta, (respondents 2 and 3, hereinafter called Nahatas) used to advance goods on credit to Akshoy Chand, Prithiraj Begwami (respondents 4 and 5, hereinafter called Begwanis) who had been carrying on business from a long time as general merchants under the name and style of firm Akhoy Chand Prithwiraj Begwani at Sherpur and Jhinaigati in the District of Mymensingh. By the end of 1985 Sambat, corresponding to March or April 1928. the dues of the Begwanis to the Nahatas having exceeded Rs. 21,000 the latter refused to supply goods to the Begwanis on credit until their dues were paid off. The Begwanis were unable to pay off the debt of the Nahatas with the result that the dealings of the Nahatas with the Begwanis came to an end by the end of 1985 Sambat. The Begwanis t...
H.K. Shaw Vs. Suresh Chandra Mitter
Court: Kolkata
Decided on: Jun-20-1935
Reported in: AIR1936Cal324,163Ind.Cas.232
Lort-Williams, J.1. In this case the appellant was convicted by a Presidency Magistrate of an offence under Section 420, Penal Code, and sentenced to be detained till the rising of the Court and to pay a fine of Rs. 600 in default six months' rigorous imprisonment. Out of the fine, if realized, Rs. 300 was to be paid to the complainant as compensation. The offence complained of was that of cheating the complainant's firm on or about 3rd July 1934, at Calcutta, by dishonestly inducing the said firm to deliver a bill, that is to say an invoice for Rs. 264-15-0, in exchange for a cheque No. A-7,55,136, upon the National Bank of India, which was subsequently dishonoured.2. The case for the prosecution was that the complainant's firm, the Atlas Agency of 20 Strand Road, Calcutta, cleared certain goods on behalf of the firm of M.L. Shaw & Co. Ltd., of which the accused was the Managing Director, from K. P. Dock No. 4 per S. S. 'Clan Macnair.' The complainant firm sent a bill, Ex. 7, showing ...
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