Kolkata Court April 1937 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Kedar Nath Saha and ors. Vs. Sir Hari Sankar Paul and anr.
Court: Kolkata
Decided on: Apr-06-1937
Reported in: AIR1938Cal308
Costello, J.1. The suit out of which this appeal arises was brought by the plaintiffs in order to obtain a decree in Form 5-A or alternatively in Form 5 of Appendix D, of Civil P.C. as amended by the Transfer of Property (Amended) Supplementary Act, 1919, so that they might recover such sum as should be found to be due in respect of principal and arrears of interest said to be due and payable under a memorandum of agreement dated 2nd August, 1924.2. The case for the plaintiffs as it appears from their plaint was that on 24th July 2924 they lent and advanced to the defendants Kedar Nath Saha, Atindra Nath Saha and to one Jnanendra Nath Saha the sum of Rs. 12,000 and afterwards Kedar Nath Saha, Atindra Nath Saha and Jnanendra Nath Saha on the same date deposited with the plaintiffs at No. 11, Old Post Office Street in the city of Calcutta the title deeds of certain premises known as No. 75, Beniatola Street, Calcutta, with intent to create a security thereon for the repayment of the sum ...
House of Labourers Ltd. and anr. Vs. Comilla Banking Corporation Ltd. ...
Court: Kolkata
Decided on: Apr-05-1937
Reported in: AIR1937Cal381,173Ind.Cas.431
1. This is an appeal by defendants 1 and 2 against the order of the Subordinate Judge, 2nd Court, Tippera, dated 27th July 1936, whereby the learned Judge has refused the appellants' application under Order 23, Rule 3, Civil P. C, for recording the adjustment of the suit and for dismissing the suit against them in accordance with the terms of a scheme of reconstruction sanctioned under Section 153, Companies Act. Order 23, Rule 3, Civil P.C., is in these terms:Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass decree in accordance therewith so far as it relates to the suit.2. This rule contemplates an adjustment by a lawful agreement or compromise that is an adjustment by act of parties and...
T.G. Studdert and anr. Vs. J.F. Logan
Court: Kolkata
Decided on: Apr-05-1937
Reported in: AIR1937Cal367
Cunliffe, J.1. The petitioners in this matter, whose names are T.G. Studdert and A.W. Turner obtained an open Rule nisi from the Court in the following circumstances: The respondent to the Rule is one J.F. Logan. He was at one time in the employ of a Company known as Samuel Osborne Ltd. He was their Manager in Bombay. After he was no longer in the employ of the Company he adopted the course of circularising a number of Firms and Government Departments making prima facie defamatory accusations against his former employers. The petitioners are Directors of Samuel Osborne Ltd. For the purpose of self-protection this Firm instructed their solicitors, Messrs. Sandersons and Morgans, in regard to these circulars that I have mentioned and in the usual course acting, in my opinion, with perfect propriety, they warned the respondent, J.F. Logan, of the consequences of continuing to issue these statements; but they were prepared, so they said in one of their letters, to refrain from instituting ...
- ‹ Prev
- 1
- 2
- 3
- 4
- Next ›