Kolkata Court December 1937 Judgments
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Monilal Pal Vs. Gour Chandra Das and ors.
Court: Kolkata
Decided on: Dec-02-1937
Reported in: AIR1938Cal792
ORDERHenderson, J.1. This is a rule calling upon the opposite parties to show cause why an order rejecting the petitioner's application under Section 26.F, Ben. Ten. Act, should cot be set aside. The notice was served on the petitioner on 9th December 1936. The application was filed on 26th January 1937. The money which had to be deposited was paid into the treasury on the following day. The learned Munsif rejected the application as time-barred on the authority of the decision in Girish Chandra Ghose v. Jadavpur Estates Ltd. : AIR1935Cal389 . Now the Section requires that the applicant at the time of making an application shall deposit certain money in Court. There is nothing to show in the case on which the learned Munsif relied whether the applicant brought the money with him at the time of making; the application or not. The only finding is that he filed the chalan next day. It seems to me to be abundantly clear that the exact moment when the money was received in the treasury, a m...
Raja Birendra Nath Ray Bahadur Vs. Purna Chand Nahata and ors.
Court: Kolkata
Decided on: Dec-01-1937
Reported in: AIR1938Cal767
Nasim Ali, J.1. This appeal arises out of a proceeding under Section 47, Civil P.C., and is against an order of the first Court of the Subordinate Judge of Pabna, dated 7th March 1936 rejecting the appellant's application for execution of a decree under the provisions of Order 21, Rule 34, Civil P.C. That rule is in these terms:Where a decree is for the execution of a document or for the endorsement of a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court.2. The petition of the appellant for execution contains a prayer in terms of Rule 34 of the Code. The questions for determination therefore are : (1) whether the decree is a decree for execution of a document, and (2)' whether the judgment-debtor has neglected-or refused to obey the decree. As regards the first point it appears that the decree was made by co...
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