Kolkata Court January 1937 Judgments
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Jagadish Chandra Mitra Vs. Kunja Mohan Shah and ors.
Court: Kolkata
Decided on: Jan-25-1937
Reported in: AIR1937Cal273
S.K. Ghose, J.1. This is an appeal by the defendant in a suit for setting aside a revenue sale which was held on 9th January 1933. It appears that originally there was touji 313 of the Dacca Collectorate in which defendants 1 and 2 and their brother had 2 annas 5 gandas share. They sold their share to the plaintiffs' predecessors, after which there was a partition and the 2 annas 5 gandas share was retained as old No. 313 for which the revenue assessed was Rs. 179 odd. The present suit concerns the residuary mehal 313 of 9 annas odd share in which the plaintiffs are now the owners of 8 annas share while the remaining 1 anna share belongs to defendant 2 who is the step-brother of defendant 1. The total revenue for the residuary share is Rs. 104-13-6. According to the Collectorate registers there are four latest dates for payment of arrears of revenue, namely 28th June, 28th September, 12th January and 28th March, the revenue being payable in four kists. The amount of Rupees 12-3-3 was i...
Prabhas Chunder Mullick and anr. Vs. Dhirendranath Ker and ors.
Court: Kolkata
Decided on: Jan-25-1937
Reported in: AIR1937Cal301
ORDERAmeer Ali, J.1. This is an application under Order 21, Rule 97, Civil P.C., and it raises a point which I should have thought would have been covered by authority. The point is this: Where a mortgage decree has been obtained against executors in their representative capacity and there has been a decree for sale and sale held, can the purchaser by proceeding under Rr. 95 and 97 obtain possession as against the beneficiaries under the will, that is to say the beneficiaries entitled to the estate which is represented by the executors. Apparently, the answer is no. The short facts are as follows:2. On 11th April 1927 the executors in question of the Will of Thakurdas Ker made a mortgage purporting to mortgage as executors. On 31st January 1929 the suit on the mortgage was filed (the suit in which this application is made) being Suit No. 254 of 1929. On 5th July 1929 the usual preliminary mortgage decree was passed. On 31st August 1929 a suit was filed by three grandsons of the testato...
Messrs. Hoosen Kasam Dada Vs. Commissioner of Income-tax, Bengal.
Court: Kolkata
Decided on: Jan-25-1937
Reported in: [1937]5ITR182(Cal)
COSTELLO, J. - This matter arises out of an assessment which was made by the Income-tax authorities in respect of the year 1933-34 on the assessee Hossen Kasam Dada as an unregistered firm on the basis of the total income of Rs. 2,87,846 as against an annual income of Rs. 1,60,854 returned by the assessee. While the assessment proceedings were pending the assessee put in an application said to have been made under Section 2(14) of the Indian Income-tax Act, 1922, which application is dated the November 23, 1933 in which the assessee asked for the registration of his firm in accordance with certain particulars which were contained in an instrument of partnership dated October 22, 1933. It appears, however, that the assessee was at the time doubtful as to the validity of that particular partnership-deed and, accordingly, a fresh instrument of partnership was entered into which is dated the March 25, 1934, and then on the May 10, 1934, a fresh application was filed which is also said to h...
Sanyashi GaIn and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-14-1937
Reported in: AIR1937Cal269
1. This is a reference under Section 374, Criminal P.C., for confirmation of the sentence of death passed on Sanyashi Gain in consequence of his convictions on two charges under Section 302. In the same trial he was charged and tried with assessors along with ten others under Section 120-B read with Section 395. I.P. C, and he and nine others were convicted on that charge. Objection has been taken to the trial on the ground of misjoinder of charges inasmuch as occurrences extending over a period of 16 months are included in the charges and these occurrences cannot be said to have formed part of the same transaction so as to come under the provisions of Section 235, Criminal P.C. It is urged further that even if the two murders can be said to have taken place in the course of the same transaction, the learned Judge did not rightly exercise his discretion in including them in the same trial as the jury were likely to be prejudiced by the joint trial. As regards the first point, the prose...
Muhammad MoizuddIn Mia and ors. Vs. Nalini Bala Devi
Court: Kolkata
Decided on: Jan-14-1937
Reported in: AIR1937Cal284
D.N. Mitter, J.1. This is an appeal by the defendants from a decision of the Subordinate Judge of Dacca dated 27th February 1935, by which he decreed the suit of the plaintiff-respondent for recovery of money. The decree was not for the full amount claimed but for an amount less by Rs. 2,045 than what was claimed in the plaint. In order to understand the points in controversy in the present appeal the following relevant facts need be briefly stated. It appears that one Mainuddin Haji borrowed a certain amount of money from the plaintiff. He died on 14th September 1926. He died leaving behind him surviving eight heirs according to the Mahomedan law. The heirs were his three sons who are defendants 1, 2 and 3 in the suit, his two adult daughters who are defendants 4 and 5, his two minor daughters who are defendants 6 and 7 and his widow who is defendant 8 in the suit. Within seven days of the death of the Haji, on 21st September 1926, his adult heirs are said to have executed the hand-no...
Assam Bengal Railway Co. Ltd. Vs. Atul Chandra Sen
Court: Kolkata
Decided on: Jan-14-1937
Reported in: AIR1937Cal314
1. The suit out of which this appeal arises was brought by one Atul Chandra Sen against a lady named Kannammal and the Assam Bengal Railway Co. Ltd. The plaintiff's case was that a man named S.V.L. Iyer had been a telegraph inspector in the employ of the Assam Bengal Railway at Chittagong. The plaintiff himself was also an employee of that railway. It was alleged that Iyer used to borrow money from the plaintiff and that upon an adjustment of accounts being made between them it was found that Iyer was indebted to the plaintiff to the extent of Rs. 6,200 which sum Iyer promised to pay out of his Provident Fund money in deposit with the Assam Bengal Railway or, more accurately, in the Provident Fund Institution established in connection with the railway. It appears that in the month of March 1931 Iyer was proceeding on leave preliminary to retirement from service and that while on his way to his home in Madras he died in the train. After his death there were two claimants to the Providen...
Sanyasi GaIn and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-14-1937
Reported in: 171Ind.Cas.183
1. This is a reference under Section 374, Criminal Procedure Code, for confirmation of the sentence of death passed on Sanyasi Gain in consequence of his convictions on two charges under Section 302. In the same trial he was charged and tried with assessors along with ten others under Section 120-B read with Section 395, Indian Penal Code, and he and nine others were convicted on that charge. Objection has been taken to the trial on the ground of misjoinder of charges inasmuch as occurrences extending over a period of 16 months are included in the charges and these occurrences cannot be said to have formed part of the same transaction so as to come under the provisions of Section 235, Criminal Procedure Code. It is urged further that even if the two murders can be said to have taken place in the course of the same transaction, the learned Judge did not rightly exercise his discretion in including them in the same trial as the jury were likely to be prejudiced by the joint trial. As reg...
Brojendra Kishore Roy Choudhury Vs. Sk. Shamserali and anr.
Court: Kolkata
Decided on: Jan-13-1937
Reported in: AIR1937Cal259
1. The appellant obtained a decree for rent against the respondents on 1st July 1934. One of the respondents is a minor. His father was appointed his guardian for the suit in which the said rent decree was passed. The appellant put this rent decree into execution in the Court of the Munsif at Iswarganj on 21st August 1934. The office of the learned munsif reported to him that the decree-holder had not filed any application or affidavit for the appointment of a fresh guardian of the minor judgment-debtor as required under the standing order of the District Judge. The learned Munsif ordered the appellant to file the petition and affidavit. The appellant however did not comply with this order with the result that his application for execution was dismissed by the learned Munsif on 5th September 1934. An appeal was thereupon taken by the decree-holder to the lower appellate Court. The learned District Judge remanded the matter for rehearing to the Munsif on the ground that whether a fresh ...
Mohant Srt. Banwari Mukunda Das Nandi Vs. Promothanath Bhattacharji
Court: Kolkata
Decided on: Jan-13-1937
Reported in: AIR1938Cal12,173Ind.Cas.530
1. This appeal is from a decision of the Subordinate Judge of Birbhum dated 5th July 1934 whereby he reversed a decision of the Munsif of Suri dated 30th November 1933. The suit was one for accounts. The plaintiff's case was that he had executed an ammukhtearnama in favour of the late Maharajah of Cossimbazar whereby he appointed the Maharaja as his agent for the management of certain debuttar properties. It is stated that the Maharajah took possession of the properties for the purpose of management. In the instrument conferring agency upon the Maharajah, there was a provision set out in Clause 4 of that document authorizing the agent to engage pleaders, mukhtears and sub-agents. The Maharajah in pursuance of the power given in the document in that behalf, had appointed the defendant Pramatha Nath Bhattachary a, his gomasta, for the purpose of collecting rents of the debuttar properties and doing other work of like character. The Maharajah died on 26th Kartick, 1336 B. S. which corresp...
Superintendent and Remembrancer of Legal Affairs Vs. Azizar Rahaman Ch ...
Court: Kolkata
Decided on: Jan-12-1937
Reported in: AIR1937Cal233
Henderson, J.1. This was a rule obtained by the Crown on grounds Nos. 1 and 2 of the petition. The first point that requires consideration is whether a Judge, hearing a reference under Section 123, Criminal P. C, has jurisdiction to decide who are fit persons to give the security demanded. The second point is whether in this case the correct procedure was followed. It is not necessary to set out in detail all the facts with regard to these proceedings. It will suffice to say that there was a reference under Section 123 of the Code before the learned Sessions Judge of Rangpore. He eventually confirmed the order of the Magistrate on 31st July 1936. Then apparently followed what seems to be the usual manoeuvring in order to avoid surrendering. Eventually, the persons bound over appeared before the Sessions Judge on 4th September and executed a bond. They filed a list of persons who were willing to stand surety for them. Further proceedings followed and eventually the learned Judge accepte...
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