Kolkata Court July 1937 Judgments
Azizur Rahaman Osmani and anr. Vs. Upendra Nath Samanta and ors.
Court: Kolkata
Decided on: Jul-30-1937
Reported in: AIR1938Cal129
Nasim Ali, J.1. This appeal arises out of a suit to recover money due on a mortgage bond. The facts which are not in dispute are these: Defendant 1 and his wife Khatemunnissa Bibi borrowed from the plaintiffs Rs. 400 agreeing to pay interest at the rate of two per cent. and executed the bond in suit in favour of the plaintiffs on 14th Chaitra 1327 B.S. corresponding to 27th March 1921. They agreed to repay the principal with interest within the month of Falgun 1328 B. S., that is, on or before 14th March 1922. On 16th June 1928 Khatemunnissa died leaving defendant 1 and defendants 2 and 3 as her heirs. Defendant 1 made two payments towards interest due on the bond on 12th March 1933 and 10th October 1933 on his own behalf only and not on behalf of defendants 2 and 3 and endorsed those payments on the back of the bond, On 14th April 1934 the plaintiffs instituted the present suit in the Court of the Munsiff at Danton against defendant 1 and Khatemunnissa Bibi although she died long ago....
Tag this Judgment!Forman Ali Miji and ors. Vs. Uzir Ali Shek and ors.
Court: Kolkata
Decided on: Jul-30-1937
Reported in: AIR1938Cal157
B.K. Mukherjea, J.1. This appeal, under Clause (15) of the Letters Patent, is directed against the judgment of my learned brother M. G. Ghose J. passed in S.A. No. 1982 of 1934. The appellants are the plaintiffs and the suit was one commenced by them to recover possession of the lands in suit on establishment of their title by purchase. The facts lie within a short compass and may be stated as follows. The disputed lands admittedly belonged to one Jitendra Chandra Nandi, husband of defendant 4 who died in June 1928, having suffered from pthisis for a period of about two to three years before his death. In July 1927, a man named Brojo Nath Goswami came to the village where Jitendra lived and as he was reputed to be a man of great sanctity and spiritual powers, he made a large number of disciples from among the villagers. Jitendra was also attracted to Brojo Nath, and in August 1927, almost within a month, after they became acquainted with each other, Jitendra executed a deed of gift in ...
Tag this Judgment!Harisadhan De and ors. Vs. Radhika Prosad Pandit and ors.
Court: Kolkata
Decided on: Jul-30-1937
Reported in: AIR1938Cal202
Biswas, J.1. This is a representative suit under Order 1, Rule 8, Civil P.C. for declaration of right to what is described as a village pathway in the plaint. The suit was decreed by the learned Munsif of Amta. On appeal, this decision was reversed by the learned Subordinate Judge of Howrah, and hence this appeal by the plaintiffs. The main contention of the appellant is that the lower Appellate Court applied a wrong test in determining the right claimed in the suit, and that this was due to a misconception of the nature of the pathway concerned. It was pointed out that throughout the plaint, the pathway was described and claimed as a 'village pathway' but that the learned Subordinate Judge treated it as a ' public pathway' and dealt with the case on that basis. It cannot be disputed that this would make a difference, for, as was pointed out by Wilson J. in the Full Bench decision in Chuni Lall v. Ram Kishen Sahu (1888) 15 Cal 460 (FB), there are three distinct classes of rights of way...
Tag this Judgment!Krishna Chandra Mukherjee Vs. Manik Lal Mukherjee and ors.
Court: Kolkata
Decided on: Jul-29-1937
Reported in: AIR1938Cal246
Remfry, J.1. This is an appeal by defendant 1 against the decision of the learned Subordinate Judge which affirmed the decision of the learned Munsif. Plaintiff sued for a declaration that he had a permanent right at a fixed rent to certain lands and for an order that defendant 1 should return to him the landlord's fee which the plaintiff had been ordered to pay under Section 26-J, Bengal Tenancy Act. Both Courts decided in favour of the plaintiff. Now the appellant seeks to have the finding that; the plaintiff holds a permanent tenure at a fixed rent set aside on two grounds. The first is that the learned Subordinate Judge held that a presumption arose in favour of the plaintiff under Section 5(5), Bengal Tenancy Act. The facts found are that there were originally two holdings under the same landlord, one of over 100 bighas and one of some 95 bighas which have subsequently been sub-divided into six different holdings. The learned Subordinate Judge states that the plaintiff's holding e...
Tag this Judgment!Hemanta Kumar Das Vs. Alliantz Und Stuttgarter Life Insurance Co. Ltd.
Court: Kolkata
Decided on: Jul-28-1937
Reported in: AIR1938Cal120
Williams, J.1. This is a claim for Rs. 5,000 and costs upon a 15 years' endowment policy of life assurance, which the assured, one Noot Behari Das, in consideration of natural love and affection has assigned to his son, the plaintiff, in August 1934.. The policy is dated 16th February 1934, and the assured died on 22nd February 1936. The policy was issued subject to the conditions stated therein, and in accordance with the proposal and declaration made by the assured on 8th January 1934, in which it was provided that the declaration and the statements, answers and representations therein contained and in the report of the Company's medical examiner should be the basis of the contract, and that if any untrue averment should be contained therein, the contract would be void.2. The defendants resist the claim on the grounds that the proposal contained a number of untrue statements and that it was accepted subject to the further condition that should the proposer's age be proved to have bee...
Tag this Judgment!Berojullah Sarkar Vs. Ayatullah Akand and ors.
Court: Kolkata
Decided on: Jul-27-1937
Reported in: AIR1938Cal117
McNair, J.1. This Is an appeal from a decree of the Court of the Subordinate Judge at Patina modifying a decree of the Court of the Munsif at Serajgunj who decreed the suit. The appellant brought the suit, out of which this appeal arises, for khas possession after declaration of title to the lands identified by Dags Nos. 387, 393 and 394 of Khatian No. 226. The parties are members of a Mahomedan family; and it is admitted that the dags in suit were purchased in the plaintiff's name in 1914. The defendants however pleaded that the lands wore purchased out of joint family funds, and that they got the lands by partition. Defendant 4 is a purchaser from defendant 1 and the defence case in appeal has been largely based on adverse possession. The trial Court decreed the suit. The lower Appellate Court confirmed that decree as to Dag No. 387 but held that the defendants had proved their title by adverse possession to Dags Nos. 393 and 394, and it allowed the appeal to that extent.2. The judgm...
Tag this Judgment!Kamal Sircar (Ajit Ghose) Vs. Emperor
Court: Kolkata
Decided on: Jul-26-1937
Reported in: AIR1937Cal691,172Ind.Cas.906
ORDERBiswas, J.1. This is a prosecution under Section 18, Sub-section (1) of Press (Emergency Powers) Act (Act 23 of 1931). This sub-section provides as follows:(1) Whoever makes, sells, distributes, publishes or publicly exhibits or keeps for sale, distribution or publication any unauthorized news sheet or newspaper, shall be punishable with imprisonment which may extend to six months, or with fine, or with both.2. The offence complained of against the petitioner was that of 'making' an 'unauthorized news-sheet' in breach of this sub-section. Another person was charged with abetment of the offence, but he was acquitted. The petitioner was convicted by the Chief Presidency Magistrate and sentenced to pay a fine of Rs. 200, in default to rigorous imprisonment for six weeks. Hence this Rule. The unauthorized news-sheet is said to be a lithographed poster in red, in three different editions, viz. in Urdu, Hindi and Bengali, stated on the face of it to be 'published on behalf of the Worker...
Tag this Judgment!Sree Kristo Jana Vs. Sitanath Bera
Court: Kolkata
Decided on: Jul-26-1937
Reported in: AIR1937Cal753
ORDER1. This is a reference under Order 46, Rule 1, Civil P.C., by the Munsif of Danton arising out of S.C.C. Suit No. 359 of 1936 now pending before him. The facts of the case are: The plaintiff in the suit seeks to recover from defendant 1 Rs. 30 as principal and Rs. 19 as interest. His case is that defendant 1 borrowed from him Rs. 30 on 13th October 1933 in the house of defendant 2, that he promised to repay the sum with interest on plaintiff's demand and that on that very date defendant 1 executed a promissory note in the name of defendant 2 (plaintiff's father-in-law) embodying the terms of the loan and made it over to him. Plaintiff has filed the hand-note along with the plaint. The suit however is not based on the hand-note but on the original consideration, namely the loan. Defendant 2 has not appeared, though duly summoned. One of the defences of defendant 1 is that the suit is not maintainable by the plaintiff. The hand-note which was executed by defendant 1 is payable on de...
Tag this Judgment!Sm. Panna Sundari Deby and ors. Vs. Benares Bank Ltd. and ors.
Court: Kolkata
Decided on: Jul-26-1937
Reported in: AIR1938Cal81
R.C. Mitter, J.1. These three appeals arise out of three suits for declaration that a house at Dharmatolla Lane in Bally on an area of about 6 bighas and a garden in the same locality on an area of about 17 bighas are the debutter properties of the idols Sree Sree Gopal Jra Thakur and others and are not liable to be attached and sold in execution of money decree obtained by the principal defendants against one Rajendra Nath Sanyah The idols have brought the suits represented by their alleged shebait, Panna Sundari Debi, who is no other person than the wife of the said Rajendra Sanyal. The suits have been instituted as the executing Courts have rejected the claims of the idols preferred by Panna Sundari to the properties in suit. A short genealogical table is necessary for following the events which have a material bearing on the controversies between the parties:DEB NATH SANYAL = KANAK MONI (died 26th May 1837) | (died 3rd January 1866)__________________________________________________...
Tag this Judgment!Commissioners for Port of Calcutta Vs. Bhubaneswar Prasad and anr.
Court: Kolkata
Decided on: Jul-23-1937
Reported in: AIR1938Cal111
ORDERS.K. Ghose, J.1. The petitioners in this Rule are the Commissioners for the Port of Calcutta and the Rule relates to an application under Section 25, Provincial Small Cause Court Act. The circumstances are these : Opposite party No. 1 obtained an ex parte decree against opposite party No. 2 in the Court of Small Causes at Sealdah for Rs. 70-9-0. On 26th September 1936 the decree was put into execution in the said Court and the decree-holder prayed for recovery by attachment of the wages of the judgment-debtor he being a Mistri on S.S. Thistle at Dock No. 11 of the Calcutta Port Commissioners and drawing a salary of Rs. 75 a month. In accordance with the prayer, the salary of opposite party no. 2 was attached and the attachment was notified by the Court to the petitioners under whom the opposite party no. 2 was then employed as a driver on a tug vessel called the Pilot. It is stated by the petitioners that both s.s. Thistle and the vessel Pilot are used in navigation and propelled ...
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