Kolkata Court June 1937 Judgments
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(Sree Sree Banku Behary Thakur and Shalgram Shila Thakur by their Pari ...
Court: Kolkata
Decided on: Jun-04-1937
Reported in: AIR1937Cal559
B.K. Mukherjea, J.1. This appeal is on behalf of the plaintiff and arises out of a suit commenced by him as paricharak and shebait of certain deities for declaration of title to the property in suit and for a permanent injunction restraining the defendants from interfering with the possession of the deities. The original plaintiff whose name was Bhaktaram Roy having died after the institution of the suit, his nephews Panchkari Boy was substituted in his place and is the appellant before me.2. The facts which are for the most part undisputed may be briefly stated as follows: One Ramdas Mohunt who was admittedly the owner of the property in suit died in February 1915 leaving behind him a will by which he dedicated this property to certain idols named Bankubehari Jew, Salgram Sila and others. His youngest daughter Arunbala was made the shebait and the direction was that Golap Sundari, his widow, would manage the property so long as Arunbala remained an infant. There was no provision in th...
Durgapada Bera Vs. Atul Chandra Bera and ors.
Court: Kolkata
Decided on: Jun-04-1937
Reported in: AIR1937Cal595
Henderson, J.1. This is an appeal from the decision and decree of the learned District Judge of Midnapur by which he rejected the appellant's application for Letters of Administration with the copy of the will of one Madan Mohan Bera attached. The respondents took the usual objections to the effect that the will was forged and that the testator had no testamentary capacity. Accordingly, issues 1 and 3 were framed by the learned Judge. At the trial, these issues were abandoned by the respondents who admitted that the will was genuine and that the testator had testamentary capacity. The only thing which remained for the learned Judge to decide was issue 2. That issue is in these terms: 'is the petition for Letters of Administration barred by acquiescence and waiver?' It is not very easy to appreciate what point this issue was intended exactly to raise nor is the judgment of the learned Judge very clear either. He refers to a question of a family arrangement and the effect which such an a...
Sm. Annapurna Ghose and ors. Vs. Rameswar Guha and anr.
Court: Kolkata
Decided on: Jun-04-1937
Reported in: AIR1938Cal302
ORDERM.C. Ghose, J.1. This is an application under Section 115, Civil P.C., by the defendants in a case where the plaint was returned by the trial Court to the plaintiff for presentation in the Court of a Subordinate Judge and in appeal that order was set aside and the Munsif was directed to try the suit. Upon hearing the learned advocates on both sides, it appears that the dispute in this case relates to a house in Dumdum, The case of the plaintiff opposite party 1 as set out in his plaint is that the plaintiff was a contractor against whom many people had obtained decrees, that the house in question which belonged to the plaintiff was sold in execution of a decree in 1916 and purchased in March 1916 by one Sher Ali, that thereafter the plaintiff in August 1916 bought the house from Sher Ali in the names of the five defendants two of whom are his sons-in-law and thereafter paid the mortgage in respect of the house and has since then been possessing and occupying it as his own house bu...
Sureshwar Prasad Bhakat Vs. Maharaj Bahadur Sinha
Court: Kolkata
Decided on: Jun-03-1937
Reported in: AIR1937Cal581,173Ind.Cas.584
M.C. Ghose, J.1. This is a second appeal by the judgment-debtor 3 in an execution case. The suit was instituted in 1915. The decree of the High Court in second appeal was passed on 30th March 1927. No step was taken to execute the decree for three years from that date but after the three years had expired, viz. on 21st January 1931, the decree-holder made an application in the lower Appellate Court for amendment of the decree on the ground that there were two errors in the decree of the Appellate Court: one, in respect of the number of the original suit and the other in respect of the name of appellant 2, viz. that the number of the suit should be not 438 of 1925 but 438 of 1915 and the name of judgment-debtor 2 should be Tareshwar Prosad Bhakat instead of Tarakeshwar Prosad Bhakat. The amendment was made on 1st April 1931. Thereafter an application for execution was made on 23rd November 1932. A notice upon the judgment-debtor was issued, but no further steps being taken by the decree...
Makbul Ali Chowdhury and ors. Vs. Amrita Lal Ghose and ors.
Court: Kolkata
Decided on: Jun-03-1937
Reported in: AIR1937Cal703
S.K. Ghose, J.1. This appeal arises out of a suit for a declaration that a revenue sale was premature, void and irregular in law, and for confirmation of the plaintiffs' possession and in the alternative for a kobala from defendants 1 and 2 in respect of the plaintiffs' share. The case made in the plaint is that the Taraf named Taraf Golami appertained to Taraf 1877 Kismat Mohang Safi and Rs. 26-3-9 is the revenue payable; out of this Rs. 6-11-8 is payable on 28th September and Rupees 19-10-10 is payable on 28th March. It appears from the 'financial ledger' of the year 1932-1933 that towards the close of the said financial year a sum of annas 5 and pies 2 was paid in advance on account of revenue. The Government however caused the mehal to be sold in auction on 7th' January 1933 on the ground that a sum of Rs. 6-3-9 which was in arrears on or before 31st August was the arrears of revenue which has not been paid on 28th September 1932, the last date of payment. It is alleged that defend...
Subodh Chandra Chakravarty Vs. Jnanendra Nath Chakravarti and ors.
Court: Kolkata
Decided on: Jun-02-1937
Reported in: AIR1937Cal718,173Ind.Cas.846
Nasim Ali, J.1. This is an appeal from the decision of the District Judge of Faridpur, dated 30th April 1936 affirming a decision of the Subordinate Judge of that place dated 5th August 1935. The suit out of which this appeal arises was for a declaration that the decision of Mr. R.L. Dey, the Senior Deputy Magistrate, Faridpur, under Section 18-B, Bengal Local Self-Government Act setting aside the election of the plaintiff and the proforma defendant as members of the Madaripur Local Board is without jurisdiction and void. The Courts below have dismissed the suit on the ground that the Civil Court has no jurisdiction to entertain it. Hence this second appeal by the plaintiff. It appears that after the polling was over a petition was submitted by the principal defendant to the Sub-Divisional Officer of Madaripur who was invested with powers to decide election disputes arising out of the Election Rules praying for the postponement of the declaration of the result of the election on the gr...
National Insurance Co. Ltd. Vs. Dhirendra Nath Banerjee and anr.
Court: Kolkata
Decided on: Jun-02-1937
Reported in: AIR1938Cal287
ORDERMcNair, J.1. This is an application by the plaintiffs in an interpleader suit. The plaintiff company is an Insurance Company who on 14th October 1931 lent to D. N. Banerjee a sum of Rs. 10,000 and Banerjee deposited with them in Calcutta certain documents of title relating to a property at Ballyganj. It has been alleged that Banerjee was a partner in S.G. Mukherjee & Co. This he denies, and he states that he was in the employ of Probodh Lal Mukherjee who was the sole proprietor of the firm of S.C. Mukherjee & Co., and that he obtained the loan on behalf of his employer. The loan was admittedly repaid by the firm and Mukherjee alleges that he stood surety for its repayment and is now entitled to be subrogated to the rights of the creditor. The loan was repaid in July 1935, and in August 1935 Banerjee and Mukherjee both claimed the title deeds. In the correspondence they have set out their claims and the grounds on which those claims are based. On 23rd August 1935 the attorneys for ...
PulIn Behari Deb and anr. Vs. Ramakanta Mahata Kurmi and anr.
Court: Kolkata
Decided on: Jun-02-1937
Reported in: AIR1938Cal356
Jack, J.1. This appeal has arisen out of a suit for rent. Plaintiffs' case is that both the defendants, defendant 1 and his wife defendant 2, took settlement of two hals of land and that a kabuliat was executed by defendant 2 for both the defendants. The defence is that defendant 1 did not take any settlement, that defendant 1 was indebted to the plaintiffs and other creditors, and that he transferred 10 hals of land in favour of the plaintiffs on condition that the plaintiffs would allow him two hals of land free of rent and make a gift of one hal out of these two hals in favour of defendant 1's son. Defendant 1 has been occupying one hal and his wife the other hal under these conditions since the sale. Both Courts have found that out of the two hals in the possession of the defendants one was held rent free and the other rent paying at rate of Rs. 70-15-6, namely the rate stated in the kabuliat.2. This appeal by the plaintiffs is based on the argument that inasmuch as the land is hel...
Ram Ratan Lall Vs. Chairman of the Asansol Municipality
Court: Kolkata
Decided on: Jun-01-1937
Reported in: AIR1937Cal556,173Ind.Cas.63
ORDERJack, J.1. This Rule was issued calling upon the District Magistrate of Burdwan and on the Chairman of the Asansole Municipality to show cause why the order convicting the petitioner under Section 501, Bengal Municipal Act, read with Section 326 of the same Act, and sentencing him to pay a fine of Rs. 100 should not be set aside. The facts against the petitioner are that in contravention of Section 326, Bengal Municipal Act, he removed two partition walls within his premises and thereby made material alterations in the building without the permission of the Commissioners as required under Section 501 which lays down that alteration or addition in or to a building shall be deemed to be material if it increases or decreases the height of the area covered by or the cubical capacity of the building or any part thereof. The accused in this case has been found by the trial Court to have increased the cubical capacity of a part of the building without written permission of the Commission...
All India Sugar Mills Ltd. Vs. Sardar Sunder Singh
Court: Kolkata
Decided on: Jun-01-1937
Reported in: AIR1937Cal601
ORDERAmeer Ali, J.1. This is a second application to commit for contempt in respect of a prohibitory order made by me on 5th March of this year. The dates are material. The interim order was made on 5th March 1937, and it restrained, so far as it is material, the defendant to the suit, Sardar Sunder Singh, from proceeding with certain criminal proceedings in the Punjab in respect of the subject matter of the suit, i.e. the proceedings pursuant to a complaint against the Directors of the plaintiff company for cheating. On 12th March, the interim order was served by registered post under directions contained in the original order. It was admittedly received by the respondent (that admission was made on a previous application) on 13th March. On 12th March 1937 there was a hearing of the criminal proceedings. The facts are deposed on behalf of the applicant in an affidavit dated 19th March 1937. It is apparent that the making of the interim order was known to the Court and to the responden...
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