Kolkata Court July 1935 Judgments
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Bir Bikram Kishore Manikya Bahadur Vs. AmanaddIn and ors.
Court: Kolkata
Decided on: Jul-10-1935
Reported in: AIR1935Cal638,159Ind.Cas.235
R.C. Mitter, J.1. This appeal is by the plaintiff in a suit for ejectment of the defendants. The plaintiffs' case is that the defendants were tenants in respect of a tank and its banks in suit the tenancy being governed by the provisions of the Transfer of Property Act, and that the said tenancy has been duly terminated. The defendants say that they have acquired occupancy right in the subject matter of the suit. It is admitted that the defendants were in occupation under a registered agreement executed by them in favour of the then Maharaja Bahadur of Tipperah, the predecessor in title of the present Maharaja the plaintiff on 4th July 1917. Mr. Jogesh Chandra Roy who appears for the plaintiff-appellant whose suit was dismissed by both the Courts below, raises two points before me. First of all he says that the aforesaid document which allowed the defendants to remain in possession for five years, created a license and not a lease; and secondly, he contends that even if it is conceded ...
Prokash Chandra Sil and anr. Vs. Abdul Jabbar and ors.
Court: Kolkata
Decided on: Jul-10-1935
Reported in: AIR1935Cal711,159Ind.Cas.756
Nasim Ali, J.1. These two appeals arise out of two suits for recovery of possession of certain lands. The plaintiffs' case is that the disputed lands are alluvial lands formed on a part of the bed of the river Haura, the proprietary right of which belongs to the Maharaja of Tippera and that they took settlement of these lands from the Maharaja. The plaintiffs further allege that they were in possession of those lands after they took settlement, but they were dispossessed from these lands in execution of decree obtained against them under Section 9, Specific Relief Act. The defence of the defendants is these lands are accretion to their tenancies which they hold under a Talukdar under the Maharajah. The trial Court held that the disputed lands were accretions to the defendants' tenancies and in that view dismissed the suits. On appeal by the plaintiffs to the lower appellate Court, the learned Judge has affirmed the finding of the trial Court that the disputed lands are accretions to th...
Sripati Charan De and ors. Vs. Kailash Chandra Jana
Court: Kolkata
Decided on: Jul-10-1935
Reported in: AIR1936Cal331,166Ind.Cas.448
R.C. Mitter, J.1. The defendant is an occupancy raiyat. His tenancy has been in existence from certainly before 1928 and consists of thirteen complete parcels of land and undivided shares in three other parcels. It is held at an annual rental of Rs. 21-3-8. The plaintiffs sued him for recovery of the balance of the rent and cesses due for the year 1337 and claimed damages at 25 per cent. On this part of the claim the only controversy between the parties was in respect of the claim for damages. The first Court allowed damages at the rate of 6-1/4 per cent and there is no further question relating thereto.2. The plaintiffs however claimed enhancement of rent on the grounds mentioned in Section 30 (b), Ben. Ten. Act. They filed the suit on 18th June 1931, that is after the Bengal Tenancy Amendments Act (Act 4 of 1928 B. C), had come into force. This claim of the plaintiffs was resisted by the defendant in the lower Courts and is resisted before me. The learned Munsiff held that the plaint...
S.R. Bagnall Vs. Mrs. Dean and ors.
Court: Kolkata
Decided on: Jul-10-1935
Reported in: 164Ind.Cas.521
Lort Williams, J.1. This is a reference under Section 438 of the Code of Criminal Procedure.2. The complainant purchased a Singer Sewing Machine on a hire-purchase agreement. He paid about Rs. 120 when he made default in payment of the monthly hire for four consecutive months. Thereupon, the Singer Sewing Machine Company sent an employee to his house to remove the machine as they were entitled to do under the terms of the agreement. This was on the February 27, 1935. On the next day, he appeared before the Police Magistrate of Sealdah and alleged that the employee of the Company had committed criminal trespass and theft and asked for the issue of a search warrant. The learned Magistrate sent the case for enquiry and, on March 29, upon the report, held that no criminal action would lie. Nevertheless, he issued a search warrant to recover the machine which he ordered to be made over to the complainant S.R. Bagnall on a bond for Rs. 100.3. This order the Magistrate had no authority to mak...
Joga Bibi and anr. Vs. Mesel Shaikh
Court: Kolkata
Decided on: Jul-10-1935
Reported in: 164Ind.Cas.957
Lort-Williams, J.1. In this case, a Rule was issued to. show cause why the convictions and sentences passed upon the petitioners should not be set aside. They were charged under Sections 491 and 494 read with 109 of the Indian Penal Code. Jogu Bibi, the girl was charged with bigamy and Bhola Biswas, the man to whom it was alleged she was nika married, was charged with aiding and abetting.2. The evidence was that Jogu Bibi was legally married to the complainant Mesel Shaikh in Jaistha, 1331 B.S. and from that date they lived as husband and wife for about 9 or 10 years. The. nika marriage was not denied.3. The sole question, therefore, was whether the marriage of Jogu Bibi to Mesel Shaikh was proved according to law. The first question turns upon the age of the girl at the time of the marriage to Mesel Shaikh. It seems clear from the evidence that she was a minor at the time, that her father was dead and that her mother was the legal guardian.4. Both the Magistrate and the Sessions Judge...
Joy Gopal Singha and ors. Vs. Probodh Chandra Bhattacharjee and ors.
Court: Kolkata
Decided on: Jul-09-1935
Reported in: AIR1935Cal646
Nasim Ali, J.1. This appeal arises out of an action in ejectment. The plaintiffs' case shortly stated is as follows: One Girish Chandra Roy was the owner of the disputed land. He mortgaged it and in execution of a decree obtained on that mortgage it was purchased by one Nritya Gopal Singha in the name of Khagendra Ghosh on 14th March 1906. The plaintiffs as heirs of Nritya Gopal were in possession of the disputed land till they were dispossessed by defendants 1 and 2 in Aswin 1335 B.S. The suit was contested by defendants 1 and 2. They denied the title of Girish to the land in suit and pleaded that the property really belonged to one Ramkalpa, the grandfather of defendant 1. The trial Court came to the conclusion that defendants 1 and 2 were trespassers on the land and that Girish had 12 annas share in the land. It accordingly declared the plaintiffs' title to the extent of 12 annas to the disputed land and gave the plaintiff a decree for possession of that share. On appeal by the defe...
Sabaratulla Sheikh Vs. Manikjan Bibi
Court: Kolkata
Decided on: Jul-09-1935
Reported in: AIR1936Cal323
Nasim Ali, J.1. This is an appeal by the plaintiff in a suit for rent. The defence of the tenant defendant was that as the plaintiff did not put her in possession of a portion of the land, and that as she was also dispossessed by the plaintiff from another portion of the land, the entire rent ought to be suspended. The trial Court accepted the defence and dismissed the suit. On appeal to the lower appellate Court the decision of the trial Court has been affirmed. Hence the present second appeal.2. A preliminary objection has been taken to the competency of this appeal on the ground that the value of the suit is below Rs. 100 and the decree of the lower appellate Court did not decide the question of the amount of rent annually payable by the tenant to the landlord. I am unable to give effect to this preliminary objection. In view of the defence taken the Court will have to decide whether the rent payable is Rs. 17 or in the alternative nothing at all. It is difficult to distinguish on p...
NasiruddIn Ahmed Vs. Haji Mahammad Yusuf
Court: Kolkata
Decided on: Jul-06-1935
Reported in: 165Ind.Cas.489
McNair, J.1. In February 1935 there was a bye-election to fill a vacancy in the Beniapukur Constituency, Ward No. 20, of the Calcutta Corporation.2. There were three candidates.3. Haji Mahammad Yusuf polled 601 votes,4. Dr. Wahab '252' and5. Nasiruddin Ahmad '173'6. Haji Mahammad Yusuf was declared duly elected. The two unsuccessful candidates have brought this petition under Sections 46 and 47 of the Calcutta Municipal Act, 1923, to have the election set aside.7. They allege corrupt practices within the meaning of Schedule II, Part 1 of the Act, viz.8. (1) Obtaining votes of persons who were either dead or out of Calcutta on polling day;9. (2) Obtaining more than one vote from the same person;10. (3) Publishing false and defamatory statements;11. (4) Bribery, and12. (5) Interference with the free exercise of the franchise of electors by means of threats and fraud.13. Polling took place on February 14, 1935. The result was published in the Gazette on February 21, and the petition was f...
Annada Charan Misra and ors. Vs. Jhatu Charan Roy and ors.
Court: Kolkata
Decided on: Jul-05-1935
Reported in: AIR1935Cal648,158Ind.Cas.512
R.C. Mitter, J.1. This appeal is on behalf of defendants 4 to 9 and is directed against a mortgage decree passed by the learned Subordinate Judge, 3rd Court, Midnapur. The suit was instituted by the plaintiff on a mortgage bond executed in favour of his predecessor-in-interest by one Hari Manna on 7th April 1914. Hari is the father of defendants 1 and 2 and grandfather of defendant 3. Hari took from the plaintiff's predecessor-in-interest on that date a loan of 40 maunds of paddy and promised the repayment thereof with interest at the rate of 11 seers per maund with annual rests within one year. He secured the repayment of the paddy lent to him by mortgage of his properties. On the death of Hari his properties were inherited by his heirs, namely his sons defendants 1 and 2 and his grandson defendant 3. Defendants 4 to 9 are the subsequent mortgagees from defendants 1 to 3 and the suit being a suit to enforce the mortgage they have been impleaded on that footing.2. The suit was institut...
Jatindra Nath Saha Vs. Katihar Oil Mills Ltd. and ors.
Court: Kolkata
Decided on: Jul-03-1935
Reported in: AIR1935Cal644,158Ind.Cas.398
1. This is an appeal from the decision of the learned District Judge, Rajshahi, refusing the application of an insolvent for discharge, under Section 4.1 Provincial Insolvency Act. The application made by the insolvent was opposed by one of the creditors, on this ground amongst others that the insolvent had not disclosed all his properties. The Judge in the Court below gave effect to this objection; and rejected the application for discharge. Hence the appeal.2. At the hearing of the appeal, a preliminary objection as to the competency of the same as it now stands, was raised on behalf of the respondents, the creditors. The preliminary objection related to the position that the appeal has abated as a whole seeing that it had abated in regard to the heirs of one of the creditors respondent No. 7 in the appeal who was dead, who were not brought on the record within the time allowed by law. The creditor who died during the pendency of the appeal to this Court and whose heirs were not subs...
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