Kolkata Court August 1936 Judgments
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Sannyasi Basar Vs. Ratneswar Ghatak
Court: Kolkata
Decided on: Aug-03-1936
Reported in: AIR1937Cal8
1. This appeal has arisen out of a suit for recovery of arrears of rent, on the basis of a kabuliat executed by the predecessor-in-interest of the appellant in the year 1295 B.S. stipulating for payment of rent at the rate of Re. 1-4-0 per bigha, the highest rate of rent payable in respect of lands in the locality on the entire area in possession of the defendant, which was found to be considerably larger than the area mentioned in the kabuliat. On the pleadings of the parties, the issue raised in the case, relevant for the purpose of the present appeal, was the following: Can the plaintiffs recover additional rents for excess area? If so, what would be the rental of the holding in suit?'2. The trial Court held that so far as the claim for recovery of arrears of rent was concerned, the plaintiff was not entitled to recover any additional rent for excess area. On appeal by the plaintiff landlord, the decision of the trial Court was reversed by the learned District Judge; the plaintiff's...
Butto Kristo Paul and Co. Vs. Harendra Nath Ghosh
Court: Kolkata
Decided on: Aug-03-1936
Reported in: AIR1937Cal639
Ameer Ali, J.1. The proceeding before me relates to premises No. 93/3/60, Hari Ghose Street, and it arises in this way: The house was bought on 5th August 1932 and the conveyance was in favour of Shaila Bala Dasi, the wife of Harendra Nath Ghosh. The vendor was a man called Kristadas Sarkar and the price, if I remember rightly, was Rs. 3,400 or thereabouts. Harendra Nath Ghose had been in business for many years and was at the time of this purchase carrying on business as a trader and agent in patent medicines and foods, particularly in Horlick's Malted Milk. His principal supplier was Butto Kristo Paul & Co., a limited company. On 26th June 1935 Butto Kristo Paul & Co. obtained a decree against Harendra Nath Ghosh for something like Rs. 12,000. On 6th August of that year Butto Kristo Paul & Co. attached this property. On 2nd September of the same year Shaila Bala Dasi, the wife of Harendra, filed a claim under Order 21, Rule 58. There were polices Court proceedings brought by the decr...
Serajgunj Co-operative Urban Bank, Ltd. and anr. Vs. Bindhubashini Das ...
Court: Kolkata
Decided on: Aug-03-1936
Reported in: AIR1936Cal752
ORDER1. This Rule is directed against the order passed by the learned Subordinate Judge, Second Court, Pabna, on 13th January 1936, holding that an application for review of judgment by a party who has been allowed to appeal as a pauper was maintainable, without payment of court-fees. The question raised in the case, namely whether an application for review of judgment passed on appeal which was allowed to be prosecuted by the party concerned as a pauper, under Order 44, Rule 1, Civil P. C., attracted the provisions of the Court-fees Act, relating to an application for review of judgment, is an important one; but in our judgment, there is no difficulty in answering the same in the negative in view of the clear provisions of the law contained in the Code of Civil Procedure, relating to suits and appeals by paupers. As was pointed out by the Allahabad High Court in Umda Bibi v. Naina Bibi (1898) 20 A1 410, the word 'suit' meant the suit instituted on permission to sue as a pauper being g...
Babu Lal Chaukhani Vs. Emperor
Court: Kolkata
Decided on: Aug-03-1936
Reported in: AIR1936Cal809,166Ind.Cas.612
Cunliffe, J.1. We now propose to give our reasons for rejecting the petition made to us last Monday on behalf of one Babulal Chaukhani. The petitioner, it appears, together with a number of other persons was put on his trial before a Magistrate for offences under the Electricity Act and also for conspiracy. A number of convictions resulted, including the petitioner's. Then a visit was made to the Court of appeal with the result that, so far as the petitioner was concerned, his conviction for conspiracy was set aside, but the Court preserved his conviction for theft under the Electricity Act. On that conviction he was sentenced to undergo one year's rigorous imprisonment.2. As I understand it, the Court of appeal dealt with the cases of his co-accused and I believe these persons are now undergoing their punishment in jail. The petitioner approached us for the purpose of obtaining an extension of the time within which he would surrender to his bail before the Chief Presidency Magistrate....
Jitendra Nath Roy Vs. Madan Mohan Das Mohanta Maharaja and anr.
Court: Kolkata
Decided on: Aug-03-1936
Reported in: AIR1936Cal813
1. This is an appeal under Section 15, Letters Patent, and is directed against the decision of our learned brother Edgley, J. reversing the decision of Additional District Judge of Jessore Khulna; it has arisen out of a suit for recovery of cess payable in respect of some rent-free lands appertaining to the zamindari of the plaintiff appellant. It appears that the trial Court dismissed the plaintiff's suit. On appeal to the learned District Judge, the decision of the trial Court was reversed, and a decree was passed in favour of the plaintiff entitling him to recover the amount claimed in the suit as cesses payable by the defendants. There was then a second appeal to this Court by the defendants, and in that appeal, the decision of the primary Court dismissing the suit was restored. In this appeal the only question for consideration is whether the plaintiff appellant is entitled to recover cess at double the amount with interest from the defendants respondents, payable in respect of th...
The Faridpur Loan Office, Ltd. Vs. Kumar Sarat Chandra Roy
Court: Kolkata
Decided on: Aug-03-1936
Reported in: 170Ind.Cas.123
1. These two appeals have arisen out of a judgment of our learned brother Mr. Justice M.C. Ghose.2. The suit in which these appeals have arisen was instituted by the plaintiff, Faridpur Loan Office, Ltd., for recovery of the amount claimed by way of contribution and compensation, and the case of the contesting parties has been clearly stated in a summary of the pleadings given in the trial Court's judgment which is reproduced below.3. The plaintiff Company and defendants Nos. 2 to 38 are co-sharers in respect of a zemindari under which the principal defendant holds patni in respect of several mouzas. According to the pattas granted in favour of the predecessor-in-interest of the principal defendant, the patnidar was liable to pay the entire revenue of the zemindari to the Government together with all other cess and dues that might be assessed by the Government upon the said zemindari in future. The defendant No. 1 failed to perform the contract embodied in the patta and neglected to pa...
Serajgunj Co Operative Urban Bank, Ltd. and anr. Vs. Bindhubashini Das ...
Court: Kolkata
Decided on: Aug-03-1936
Reported in: 170Ind.Cas.688
ORDER1. This Rule is directed against the order passed by the learned Subordinate Judge, Second Court, Pabna, on January 13, 1936, holding that an application for review of judgment by a party who has been allowed to appeal as a paper was maintainable, without payment of court-fees. The question raised in the case, namely whether an application for review of judgment passed on appeal which was allowed to be presented by the party concerned as a pauper, under Order XLIV, Rule 1, Civil Procedure Code, attracted the provisions of the Court Fees Act, relating to an application for review of judgment, is an important one but in our judgment, there is no difficulty in answering the same in the negative in view of the clear provisions of the law contained in the Code of Civil Procedure, relating to suits and appeals by paupers. As was pointed out by the Allahabad High Court in Umda Bibi v. Naina Bibi 20 A. 410, the word 'suit' meant the suit instituted on permission to sue as a pauper being g...
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