Kolkata Court February 1937 Judgments
Corporation of Calcutta Vs. Susil Kumar Ghose
Court: Kolkata
Decided on: Feb-26-1937
Reported in: AIR1937Cal363
Patterson, J.1. This is an appeal by the plaintiff and arises out of a suit for recovery of taxes from the defendant, the plaintiff being the Corporation of Calcutta, and the defendant being the owner of certain premises situated within the town of Calcutta. The suit was for both the owner's and the occupier's share of the taxes for eight quarters, namely from the 3rd quarter 1929-30 up to and including the 2nd quarter 1931-32. The existence of the arrears of taxes was not disputed, but the defendant denied liability on various grounds, and especially with regard to his liability for the first five quarters during which period he was admittedly out of possession. He had purchased the premises as far back as 1926, but did not obtain possession till 29th November 1930 and then only as a result of a prolonged litigation with some at least of the persons who during this period were in actual possession of the premises in question. The trial Court had little difficulty in coming to the conc...
Tag this Judgment!Keshab Chandra Sarkar and ors. Vs. Gopal Chandra Chanda
Court: Kolkata
Decided on: Feb-26-1937
Reported in: AIR1937Cal636,173Ind.Cas.578
1. The suit in which this appeal has arisen was instituted by the plaintiff-respondent in this Court for declaration that a Miras Ijara tenancy created in favour of defendant 7 terminated on account of violation of conditions restraining alienation of the same. There were other reliefs claimed in the suit ancillary to the declaration sought for, which related to the action taken by the transferees from defendant 7 by virtue of the unauthorised transfer. The Miras Ijara (Ex. 4 in the case) was in respect of three different plots of land specifically mentioned in the document. The first plot consisted of five cottahs of land of which the rental was four annas only. The incorporation of the property made it possible for the parties concerned to have the document registered in the District of Bakargunj. The other two plots were properties situate in the district of Khulna. The three different plots comprised properties as mentioned in the document itself being scattered (pital gola), bound...
Tag this Judgment!Emdad Ali Chaudhuri Vs. Tabubulla and ors.
Court: Kolkata
Decided on: Feb-25-1937
Reported in: AIR1937Cal313,173Ind.Cas.453
1. The substantial question, involved in this appeal is whether in view of the nature of the dedication in a wakf, the trust created by the same was for a public purpose of a charitable or religious nature, so as to attract the operation of Section 3, Charitable and Religious Trusts Act (14 of 1920). One Munshi Mahamad Manwar Mia executed a wakfnama on 25th Baisakh, 1284 B.S. which contained provisions to the following effect:Hence I of my own accord create the wakf (dedicated in the name of the God) i.e. create the same as wakf for ever in respect of properties mentioned in the sub-joined Sch. 1 the sadar jama of which and the names of the Mouza of which are stated below. There is a brick-built mosque established by me in my own family dwelling house in Mouza Keroa and I have personally established a second brick-built mosque in the southern portion of the Munshirhat in village Char Matua where my father used to live. The Jumma and Panchagana Namaj (five daily prayers) and the Khatant...
Tag this Judgment!Sajani Kanta Ghosal Vs. Bistoopada Meyur and ors.
Court: Kolkata
Decided on: Feb-24-1937
Reported in: AIR1937Cal277
Derbyshire, C.J.1. In this case the appellant is appealing from a decision of R.C. Mitter, J., who reversed the decision given in his favour by the lower appellate Court. The appellant, who was put up for election for the Union Board in his locality, failed to be elected and was appointed as a member of the Union Board by the District Magistrate under Section 6, Sub-section (3), Village Self-Government Act of 1919. The respondents alleged that the appellant was not eligible for appointment because he was not a resident within the Union within the meaning of Section 7, Sub-section (2) of the same Act. The Courts below found that the appellant was not resident within the Union but held that the respondents should fail in the suit because the question whether the appellant was resident within the Union was a matter which fell to be determined not by the civil Courts but by the tribunal specially designated under the Village Self-Government Act and the Rules made by the Local Government th...
Tag this Judgment!Raja Janaki Nath Roy Vs. Akshoy Ch. Bose and ors.
Court: Kolkata
Decided on: Feb-19-1937
Reported in: AIR1937Cal417,173Ind.Cas.404
ORDERMcNair, J.1. The only question raised on this application is whether an auction-purchaser should or should not pay interest on the purchase money from the date of sale until actual payment. The property concerned, 70 Diamond Harbour Road, was mortgaged by Akhoy Chandra Bose. The mortgagee sued on his security and obtained a preliminary and then a final decree and the property was sold on 12th February 1936, and bought by the applicant Radha Nath Boy. The property was alleged to be free from encumbrances but, on the date of sale, notice of a charge in his favour was sent out by the attorneys for Inder Chand Kezriwal who contended that he was a prior mortgagee. The purchaser then applied for an enquiry into title and the matter was referred to the Registrar for enquiry and report. The order of reference provided that the time for the purchaser to complete the purchase be extended by one month from the date of the completion of the enquiry and the questions of costs and interest were...
Tag this Judgment!Sikandar Mian Vs. Emperor
Court: Kolkata
Decided on: Feb-18-1937
Reported in: AIR1937Cal321,173Ind.Cas.881
Cunliffe, J.1. This is the appeal of one Sikandar Mian who was convicted by a majority verdict of a jury sitting with the Additional Sessions Judge at Alipore of an offence against a small girl under Section 376, I.P.C. The learned Judge took a very grave view of the appellant's crime. He sentenced him to ten years' rigorous imprisonment. The appeal was admitted on the question of the possible misdirection on the part of the learned Judge in his charge to the jury and also on the question of the sentence imposed. It was a very unpleasant case indeed. The prosecution story was that the little victim of the criminal assault was a child of about nine years. She had no mother but lived with her sister and brother, both younger than herself and with her father who was a widower and it is said that he kept a shop and attended to his duties there during a greater part of the day. The child whose name was Taramoni was an attendant at a school and the evidence was that the school authorities us...
Tag this Judgment!Sashi Mohan Basak and ors. Vs. Shebaits of the Gods Sri Sri Lakshmi Na ...
Court: Kolkata
Decided on: Feb-18-1937
Reported in: AIR1937Cal331,173Ind.Cas.885
D.N. Mitter, J.1. This is an appeal under Section 15, Letters Patent from a judgment of Rupendra Coomar Mitter, J., by which he modified the concurrent decrees of the Courts below. The appeal before us was preferred on behalf of the defendants and arises out of a suit in ejectment. Stripped of all details, the fact on which the questions of law which fall for determination in this Letters Patent Appeal depend are these: The disputed premises from which ejectment is sought represent a part of a Haveli or a pucca building which in subsequent partition proceedings of the said Haveli constituted allotment No. 1. This allotment No. 1 which is the subject matter of the present suit was made in respect of a 9 annas 10 gandas 2 karas 2 krants share of the idols-the plaintiffs represented by the Shebaits, namely plaintiffs 1 Ka and 1 Kha and of plaintiff 2. Of this share 8 annas 6 gandas 2 karas and 2 krants was by the partition held to belong to the Bigrahs or idols and the remaining 1 anna 4 ...
Tag this Judgment!Bhujanga Bhusan Mukherjee Vs. Kalidas Das and ors.
Court: Kolkata
Decided on: Feb-18-1937
Reported in: AIR1937Cal333,173Ind.Cas.896
1. The question for consideration in this appeal is whether any part of the claim made by a co-plaintiff in a suit for rent, a co-sharer, in accordance with the provisions of Section 148-A, Bengal Tenancy Act, was barred by limitation, in view of the position that the co-sharer landlord was made a co-plaintiff in the suit, after service of summons on him as a defendant and on an application made by him for being joined as co-plaintiff, on payment of court-fee on the amount of his claim. In view of the definite provisions contained in Section 148-A that a co-sharer defendant shall be joined as a co-plaintiff in respect of the rent due to him up to the date of the institution of the suit, there could be no bar of limitation operating against the party so made a co-plaintiff. This is the position arising on the section itself and it is not necessary for such a co-plaintiff to call into his aid the provisions of the Limitation Act as contained in Section 22 for saving any bar of limitation...
Tag this Judgment!Raja Rishicase Law and anr. Vs. Satish Chandra Pal
Court: Kolkata
Decided on: Feb-18-1937
Reported in: AIR1937Cal361
1. This appeal has arisen out of a suit for assessment of fair and equitable rent payable on account of lands comprised in a tenancy. The claim in suit as made by the plaintiff was resisted by the defendant on various grounds, of which two only have to be mentioned for the purposes of this appeal. It was asserted by the defendant that Section 109, Ben. Ten. Act, as it stood before the amendment of the year 1928, was a bar to the suit, and that the final decision in a previous litigation (Title Suit No. 95 of 1917 in the third Court of the Subordinate Judge, Midnapore) operated as res judicata, so far as the merits of the plaintiff's claim were concerned.2. It has to be mentioned that an application under Section 105, Ben. Ten. Act, was filed by the appellant along with his co-sharers on 22nd December 1916, for assessment of rent of the entire tenancy comprising 897 odd acres of land. The lands now in suit were included in the area mentioned above. The application under Section 105 was ...
Tag this Judgment!Bengal Nagpur Railway Company, Ltd. Vs. Haji Latif Abdulla
Court: Kolkata
Decided on: Feb-18-1937
Reported in: AIR1937Cal410,173Ind.Cas.797
Jack, J.1. This appeal has arisen out of a suit by Messrs. Hazi Latif Abdulla, tobacco merchants for recovery of Rupees 1,167-5-6 on account of damages to 42 bags of tobacco which they despatched by the defendant Company's Railways from their Nephani out-agency to Shalimar, Calcutta. The 42 bags formed part of a consignment of 210 bags and were partly damaged by rain water owing, according to the plaintiffs, to the fact that the wagon in which these bags were carried was leaky and defective. The defendant contends that the goods were carried at the owner's risk covered by risk-note B on account of reduced rate of freight and by risk-note A on account of the goods being 'liable to dryage, damage and wettage in transit'. They maintain that the wagon in which the goods were carried was not leaky or defective and that the risk-notes protect them from all liability.2. Admittedly the effect of the risk-notes, if the goods are covered by them, is to protect the Railway from all liability exce...
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