Kolkata Court August 1937 Judgments
Sm. Bhabatarini Debi Vs. Sm. Ashmantara Debi and ors.
Court: Kolkata
Decided on: Aug-26-1937
Reported in: AIR1938Cal490
Khundkar, J.1. The three preliminary-issues disposed of by my judgment dated 2nd August 1937 embraced only some of the questions covered by the issues originally raised. The original issues may now be set out: 1. Was any valid dedication in favour of Thakur Sri Sri Iswar Sitaram Jew effected by the deed of 31st March 1922? 2. Was the said deed given effect to? 3. If so, was the same validly put an end to by the deed of 13th February 1929 by the consensus of the settlor Sital Chandra Banerjee, his son and son's wife and the other parties who signed the said deed? (4) If not, on a true construction of the said deed of 31st March 1922 in the circumstances that have happened, is the plaintiff Bhabatarini entitled to the sole shebaiti? (5) Is the plaintiff estopped from bringing this suit by reason of the arrangement and settlement made on 30th August 1929 and the benefits received thereunder and also by virtue of the deed to which she was a party dated 13th February 1929? (6) If the plaint...
Tag this Judgment!Kamal Krishna Kundu Chowdhury Vs. Kumar Sarat Kumar Roy Bahadur and an ...
Court: Kolkata
Decided on: Aug-25-1937
Reported in: AIR1938Cal145
Biswas, J.1. This appeal arises out of a suit for recovery of cess. The plaintiff is a proprietor of a revenue paying estate, while the defendants are interested in certain rent-free lands lying within the ambit of that estate. These rent-free lands are said to constitute holding No. 5/1531 in towji no. 3989-A of the Howrah Collectorate. It appears that besides the two defendants there are certain other persons also interested in this holding. The procedure for assessment 'of rent-free lands to cess is laid down in Ch. 4, Bengal Cess Act, 1880 (Bengal Act 9 of 1880). Section 50, with which this chapter opens, lays down that all such lands shall be deemed to form a part of the estate or tenure within the local boundaries of which they are contained. Section 51 requires that the holder of the estate or tenure, when he submits a return under Section 14 of the Act, shall be bound to enter in such return all such rent-free lands. The form of the return is given in Schedule A of the Act, and...
Tag this Judgment!Champaran JaIn Vs. Sripati Nath Deb
Court: Kolkata
Decided on: Aug-24-1937
Reported in: AIR1938Cal430
Khundkar, J.1. This is a suit for the specific performance of an alleged verbal agreement for the grant to the plaintiff of a 51 years' lease, and in the alternative for the recovery of a sum of Rs. 25,300 being damages, and costs incurred by the plaintiff in erecting a building on the land demised, or for an injunction. The facts in so far as they are admitted are as follows: The plaintiff on 31st March 1933 executed a document Ex. 8 which is as follows:To most dignified zemindar Srijukta Baba Sripati Nath Deb Makam 67 B. Beadon Street, Calcutta.Out of your Bustee (land) at No. 81 Beadon. Street, I take settlement today of more or less 5 (five) Cottason the monthly rent fixed at Rs. 103 one hundred and three rupees and I put into your sherista as deposit Rs. 100 (one hundred rupees) today towards the rent for a month and receive a receipt. Be it known that the rent of the said 5 cottas of land from a month hence, that is to say, from the 18th Baisakh 1340 B. S. shall continue to run a...
Tag this Judgment!Abdul Gafur Kotwal and anr. Vs. Emperor
Court: Kolkata
Decided on: Aug-23-1937
Reported in: AIR1938Cal658
Guha, J. 1. The judgment going to be delivered by my learned brother in this case has been read and considered by me carefully; and I have not thought it necessary or proper to record a separate judgment, as I am in entire agreement with the same. The judgment of my learned brother is the judgment of this Court. I consider it necessary to state this only that the observations contained in some of the recent decisions of this Court in cases relating to sexual offences, referred to by the learned Counsel in support of this appeal, must be taken to be applicable to the facts of those cases only. It was, to my mind, never intended that any rule of general application was going to be laid down in those cases, departing from the rules of evidence applicable to trial of criminal cases in this country.Lethbridge, J.2. The case against the appellants briefly was that, on 23rd April 1936 at Palong in the District of Faridpur, one Binapani Devi, a married girl aged about 19, was abducted by decei...
Tag this Judgment!Kali Pada De and anr. Vs. Sm. Hari Dasi Dasi
Court: Kolkata
Decided on: Aug-23-1937
Reported in: AIR1938Cal673
Biswas, J.1. This appeal arises out of a claim for accounts, the only question being that of limitation. The learned Munsif dismissed the suit as being out of time, but on appeal the decision was modified by the learned Subordinate Judge who made a decree for part of the period in suit. Defendants have preferred this appeal. There is no cross-objection by plaintiff. Priyanath De and Rajendra Nath De were two brothers and had some ejmali properties. There were also separate properties of Rajendra. Priyanath died, leaving two sons as his heirs, and they are the defendants in this suit. Rajendra fell ill in 1917 and came down to Calcutta for treatment, and in December 1919 he died, leaving his widow, the plaintiff, as his sole heiress. During this period, it is said, Rajendra was unable to look after the properties himself, and left the management to his nephews. The nephews continued in management after Rajendra's death. Their case is that they regarded all the properties as ejmali. As a...
Tag this Judgment!Jnanendra Nath Nanda and ors. Vs. Jadu Nath Banerji and ors.
Court: Kolkata
Decided on: Aug-20-1937
Reported in: AIR1938Cal211
R.C. Mitter, J.1. The subject matter of the suit out of which this appeal arises is a strip of land near the boundary of two adjoining lots in the Sunderban area. They are lots 114/1 and 114/2, the former being to the west of and adjoining the latter. Before 1896 the lands comprised in these lots were waste lands of the Government In that year two leases for terms of 40 years were granted by the Secretary of State for India in Council to the plaintiff's and the defendant's predecessors, the leases being executed by the Sunderban Commissioner on behalf of the Secretary of State for India in Council. The first lease was in respect of the lands described as the first portion of lob 114 and is dated 12th September 1896 and was granted to the plaintiffs' predecessor-in-interest (Ex. 1). The second lease was in respect of the lands of the second portion of lob 114 and was granted to the predecessor-in-interest of the defendants on 2nd December 1896. The eastern boundary of lob 114 (first por...
Tag this Judgment!Brinchipada Dafadar and anr. Vs. Emperor
Court: Kolkata
Decided on: Aug-20-1937
Reported in: AIR1938Cal625
Guha, J. 1. The appellants, Brinchipada Dafadar and Sushil Dafadar alias Sushil K. Dafadar, were tried by the learned Additional Sessions Judge of Khulna and a jury, were convicted under Section 307 in the case of appellant 1 and under Section 307/109 in the case of appellant 2. Bach of the appellants were, on conviction, sentenced to transportation for life by the Judge. The charge against appellant 1 was that he on 29th November 1936, at Jaipatrakati alias Beltola Bazar, P. S. Kaliganj, gave cuts to one Hazari Baldeo's throat with a knife with such intention and under such circumstances that if by that act he had caused the death of Hazari Baldeo he would have been guilty of murder, and that he had caused incised injuries to Hazari Baldeo's throat by the said act (Section 307, I.P.C.). The charge against appellant 2, Sushil K. Dafadar, was that on the date referred to above, in the charge framed against appellant 1, he abetted the offence of attempt to commit murder (committed by Bir...
Tag this Judgment!Narayan Sarkar and anr. Vs. Maharaja Srish Chandra Nandi
Court: Kolkata
Decided on: Aug-20-1937
Reported in: AIR1939Cal112
R.C. Mitter, J.1. This appeal is on behalf of the defendants and it arises out of a proceeding under Section 105, Bengal Tenancy Act, started by the landlord plaintiff. The subject-matter of the suit is a tenure. It has been recorded in the family published Record of Rights as a permanent tenure with the incident of enhancebility of rent. Relying upon the entry in the Record of Rights the landlord instituted the proceedings under Section 105, Bengal Tenancy Act, for enhancement of rent under the provisions of Section 7 of the Act, his case being that it is a tenure which was created after the time of the permanent settlement. The defendants raised a defence which comes under the provisions of Section 105-A, Bengal Tenancy Act, namely that their tenure was a permanent tenure existing from the time of the permanent settlement and therefore there could be no enhancement of rent. After the defendants had pleaded in that manner the plaintiff took up the position that even if the tenure be p...
Tag this Judgment!Sk. Mahammed Hushen Vs. Jamini Nath Bhattacharji
Court: Kolkata
Decided on: Aug-19-1937
Reported in: AIR1938Cal97
Nasim Ali, J.1. The facts which are not in dispute in this appeal are these : One Jagabandhu Chakravarti was the owner of the lands which are the subject matter of the present appeal. He borrowed Rs 250 from the defendants and executed a bond hypothecating these lands in favour of the defendants on 10th December 1928 as a security for repayment of the said loan. He then put the defendant in possession of the mortgaged lands in lieu of interest. The mortgage bond, however, was not registered. Thereafter Jagabandhu died. In the year 1912 the plaintiff brought a suit against the heirs of Jagabandhu for recovery of some money and obtained a money decree on 22nd May 1933. This decree was put to execution and the plaintiff purchased the mortgaged lands on 16th February 1934 in execution of the said decree. He then obtained symbolical possession through Court. He could not however get actual possession as the defendant did not allow him to do so. The plaintiff thereafter instituted a suit in ...
Tag this Judgment!Urmilabala Biswas Vs. Binapani Biswas and ors.
Court: Kolkata
Decided on: Aug-19-1937
Reported in: AIR1938Cal161
ORDERS.K. Ghose, J.1. The opposite parties 1 and 2 in this rule brought title Suit No. 41 of 1931 in the Second Court of the Munsif at Bagerhat which has pecuniary jurisdiction up to Rs. 2000 for declaration of title to the Provident Fund money amounting to Rs. 3433 left by their deceased father and now in deposit with the Eastern Bengal State Railway who are defendant 4. The present petitioner is defendant 1, the widow. The plaintiffs valued the suit at Rs. 90 in respect of the declaration of title and Rs. 10 in respect of the prayer for injunction restraining defendant 1 from withdrawing the aforesaid money, in all Rs. 100. The plaintiffs relied for this valuation on Section 7 (iv (c), Court-fees Act. The defence contested the valuation and pleaded that it should be the amount of the Provident Fund money. The learned Munsif held in favour of the plaintiffs' valuation. Against that decision the pre-sent rule has been obtained.2. It is contended for the plaintiffs opposite parties that...
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