Kolkata Court February 1937 Judgments
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Maharajadhiraj Kameswar Singh Bahadur Vs. Anath Nath Bose
Court: Kolkata
Decided on: Feb-02-1937
Reported in: AIR1938Cal169,173Ind.Cas.809
ORDERMcNair, J.1. This is an application by the transferee from the plaintiff under Order 22, Rule 10, Civil P.C., to be sub-atituted in the suit as plaintiff. The suit was a suit on a mortgage in which the plaintiff obtained a preliminary decree on 3rd July 1923 and a final decree on 12th June 1935. The assignment under which the present applicant claims title was dated 17th September 1936. Order 22, Rule 10, is as follows:In other cases of an assignment which means oases other than those dealt with in the preceding rules] creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.2. The only question which is argued before me is whether the applicant has the right to obtain the relief which he seeks under Order 22, Rule 10, in face of the contention by the opposite party that the suit is no longer pending. Mr. Das for the applicant relies more parti...
In Re: Bengal Zemindary and Banking Co. Ltd.
Court: Kolkata
Decided on: Feb-01-1937
Reported in: AIR1937Cal221
Lort-Williams, J.1. The petitioner asks that he may be treated as a preferential creditor in the liquidation of this company. He was appointed cashier of the Calcutta branch at a monthly salary of Rs. 60 on condition that he furnished security to the extent of Rs. 2,500 in cash. It was agreed on behalf of the company that as the petitioner would be deprived of the use of the money for the period during which it was held as security by the Bank, the Bank would indemnify him by paying interest on the money at the rate of 5 per cent. per annum. Further it was agreed that the money should be held by the Bank distinct and separate from other deposits and that the position of the Bank in respect of the security was to be that of trustee and not that of debtor and creditor.2. These facts have not been denied by the liquidator nor has any affidavit been filed by the individual who, in fact, appointed the petitioner as cashier denying that these were the terms. I see no reason to doubt the trut...
Noni Gopal Ganguly Vs. Trustees for the Improvement of Calcutta
Court: Kolkata
Decided on: Feb-01-1937
Reported in: AIR1938Cal43
McNair, J.1. This is a suit by an ex-employee of the Calcutta Improvement Trust to recover Rs. 7,200 for salary and alternatively for damages for wrongful dismissal and/or wrongful termination of service and for costs. The plaintiff was employed by the defendant as a clerk of works and was retired on 4th November 1933 on the ground that he had reached the age limit of 55 years, at which in the ordinary course the defendants were entitled to compel their employees to retire. The plaintiff contends that he was not 55 years of age until 15th November 1933, that he was on leave on 4th November, and that he was entitled to six months leave on full pay from the date on which he could be required to retire compulsorily. He has claimed : (a) six months' salary at Rs. 300 a month; (b) six months' leave salary at Rs. 300 a month; and (c) salary during one year's extension of service. At the conclusion of the evidence, his counsel stated that he would confine his claim to six months' salary less ...
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