Kolkata Court November 1938 Judgments
Mon Mohan Bhattacharjee and ors. Vs. Bidhu Bhusan Dutta and ors.
Court: Kolkata
Decided on: Nov-21-1938
Reported in: AIR1939Cal460
Sen, J.1. These are three appeals by some of the defendants in three suits for the declaration of the plaintiffs' title to certain plots of land and for ancillary reliefs. The suits were numbered 949, 950 and 951 of 1934 and were tried together by the Munsif, Second Court, Krishnagar, who decreed them in favour of the plain, tiffs. On appeal, the learned Subordinate Judge upheld the decision of the trial Court making certain modifications in the decree passed with respect to Suit No. 949 of 1934. The defendants have now appealed to this Court. The appeals were taken up for hearing together and this judgment shall govern the three appeals. At the outset learned advocate for the appellants stated that he could not press the appeals arising out of suits numbered 949 and 950. They are Second Appeals Nos. 266' and 268 respectively. These appeals are accordingly dismissed with costs in favour of the appearing respondents.2. In Suit No. 951 of 1934 out of which Second Appeal No. 267 arises th...
Tag this Judgment!Kanji Valji Vs. Kalidas Thakursay
Court: Kolkata
Decided on: Nov-18-1938
Reported in: AIR1939Cal413
ORDER1. The facts which give rise to this Rule are as follows : A firm styled Surja Singh Raghunath Singh got a decree against the B.N. Ry. Company in the Court of the Fourth Subordinate Judge of Alipur in Money Suit No. 63 of 1926 for about Rs. 2500. The judgment-debtor company deposited the amount in Court. One Narasingh Das Agarwalla obtained a decree against the Firm Surja Singh Raghu Nath Singh for money and attached a portion of the money deposited to the credit of the said firm by B.N. Ry. Company. Thereafter both Surja Singh Raghu Nath Singh and Narasingh Das Agarwalla applied for withdrawal of the money deposited. Thereupon the petitioner in this Court brought a suit in the Court of the Second Munsif at Alipur (which was afterwards transferred to the first Court of the Munsif of that place) against Surja Singh Eaghunath Singh and Narasinghdas Agarwalla for a declaration of his title to the sum of Rs. 1994 odd out of the money deposited by B.N. Ry. Company to the credit of Surj...
Tag this Judgment!John Minas Apcar Vs. Louis Caird Malchus
Court: Kolkata
Decided on: Nov-16-1938
Reported in: AIR1939Cal473
Derbyshire, C.J.1. This is an appeal by the defendant in the suit against a decree passed by Ameer Ali J. pursuant to a judgment delivered on 2nd June 1937 whereby he, in effect, ordered rescission of a contract for the sale of a share in some property. The plaintiff is a young man of thirty and the defendant is described as the cousin of the plaintiff and 49 years of age. In the year 1931 the plaintiff had come into a little money from his father who had recently died and he was living with the defendant. Whilst he was there he entered into an agreement with the defendant for the purchase by him from the defendant of 1/32nd share in some property described as the Dinhata Jute Company in Cooch Behar for the sum of Rs. 12,500. The plaintiff says that he was induced to enter into that contract by the fraud of the defendant and asks that the contract be rescinded. In his claim originally the plaintiff stated that the defendant made various misrepresentations to him, but only one was speci...
Tag this Judgment!Debendra Nath Das and ors. Vs. Sasi Bhusan Das and ors.
Court: Kolkata
Decided on: Nov-15-1938
Reported in: AIR1939Cal272
ORDER1. This rule arises out of a claim case which has been dismissed by the learned Subordinate Judge, Howrah. According to the petitioners, there is a putni tenure which had been sub-divided amongst a number of tenure-holders of whom the1 petitioners held a 4 anna share. The opposite party No. 7, brought a suit for rent in respect of the entire tenure against the recorded tenants, Sashi Bhusan Das and Bindu Bashini Dasi, and obtained a decree ex parte. The said decree was, in due course, put into execution and the putni tenure was attached and advertised for sale. Thereupon, the petitioners filed a claim under Order 21, Rule 58, Civil P.C., stating that they have a 4 anna share in the attached putni mehal, that they had been paying rent to their landlord, and as they had not been made parties to the original suit, the decree passed in that suit was not a rent decree. The learned Subordinate Judge held that under Section 170, Bengal Tenancy Act, the petitioners' claim case was barred....
Tag this Judgment!Jogendra Nath Chakravarti Vs. New Bengal Bank Ltd.
Court: Kolkata
Decided on: Nov-11-1938
Reported in: AIR1939Cal63
McNair, J.1. This is ahe plaintiff against the defendant Bank for failure to honour 4 cheques drawn by him upon the Bank although his account was in funds. The defendant Bank repudiates liability alleging an arrangement between the Bank and the plaintiff amongst other creditors, that they would not draw cheques other than of an urgent and personal nature during the period of financial stress which the Bank was experiencing. The cheques dishonoured are alleged to have been drawn in breach of this agreement. The plaintiff assesses his damages in his plaint at Rs. 8000. The only particulars he gives are ' Rs. 5000 general damages, and Rs. 3000 special damages.' It appears now that the Rs. 3000 special damages are claimed owing to the loss of gratuity which the plaintiff was expecting from one Mrs. Minnie Lall, who is the widow of a well known zamindar in Bihar, and who was formerly his employer. The questions for decision resolve themselves into two : (1) was there the agreement alleged b...
Tag this Judgment!Municipal Commissioners Vs. Anukul Chandra Maitra and ors.
Court: Kolkata
Decided on: Nov-11-1938
Reported in: AIR1939Cal79
ORDERBiswas, J.1. This rule has been obtained by the Commissioner of the Pabna Municipality and arises out of a suit to recover rates and taxes due to the Municipality from the defendants in respect of 15 quarters namely, from the third quarter of 1933-34 to the first quarter of 1937-38 both inclusive. The rates were assessed at Rs. 5-8-3 per quarter up to the end of 1935-36 and at Rs. 6-15-9 per quarter for the remaining period. The total amount due for the period sued for at these rates was Rs. 90-1-3; including interest the total claim amounted to Rs. 100-14-3 (Rupees one hundred and annas fourteen and pies three). The suit was dismissed by the learned Subordinate Judge of Pabna exercising Small Cause Court jurisdiction.2. The first point taken before him was that the suit was not maintainable. It was contended that under Section 15, Bengal Municipal Act, 1932, the plaintiffs should have been designated as the 'Municipal Commissioners of Pabna,' and not in the way stated in the plai...
Tag this Judgment!Sm. Kiran Bala Saha Vs. Sm. Suniti Prova Saha W/O Nagendra Nath Saha a ...
Court: Kolkata
Decided on: Nov-11-1938
Reported in: AIR1939Cal146
B.K. Mukherjea, J.1. This rule is directed against an appellate order passed by the Subordinate Judge, Faridpur, dated 8th December 1937 reversing the order of the first Munsif at Goalundo passed in a proceeding under Order 21, Rule 90, Civil P.C. The facts are not in dispute and the controversy centres round a short point. The petitioner is the auction purchaser at an execution sale which was held on 24th June 1936. The opposite party 1 took a conveyance of the interest of one of the judgment-debtors by a kobala which was executed on 7th July 1936, that is to say nearly two weeks after the sale was held. She at first applied for making a deposit under Order 21, Rule 90, Civil P.C., but that application being rejected she started the present proceeding under Order 21, Rule 90, Civil P.C., for setting aside the sale on grounds of material irregularity in publishing or conducting the sale resulting in substantial loss to her. The trial Court dismissed the application on the ground that a...
Tag this Judgment!Reza Ali Wahshat Vs. Dwaraka Pershad Saraf
Court: Kolkata
Decided on: Nov-11-1938
Reported in: AIR1939Cal158
Bartley, J1. This is an application under Section 520, Criminal P.C., made by the petitioner in reference to an order passed by the learned Chief Presidency Magistrate. The facts underlying the application are that the petitioner, a pensioner, made over his pension papers to the opposite party in connexion with negotiations for a loan to be made to him by the opposite party. The grant of the loan was followed by criminal proceedings against the petitioner who was alleged to have cheated his creditor in connexion with the advance of the money lent. These criminal proceedings ultimately resulted in the acquittal of the petitioner, but the pension papers which had been produced by the creditor as evidence in the criminal case appeared to have remained up to the present day in the custody of the Court. The petitioner applied to the Chief Presidency Magistrate under Section 517 of the Code to have the papers returned to him. The learned Magistrate was of opinion that the only order he could...
Tag this Judgment!Kailash Chandra Bhaumic Vs. Ram Kanai Chakravarti and ors.
Court: Kolkata
Decided on: Nov-11-1938
Reported in: AIR1939Cal177
ORDERB.K. Mukherjea, J.1. The petitioner is one of the judgment-debtors in a proceeding for execution of a mortgage decree and the rule is directed against an order of the Munsif Third Court, Sudharam, dated 15th November 1937 refusing to stay the execution proceedings after receipt of a notice from the Debt-Settlement Board under Section 34, Bengal Agricultural Debtors Act. The facts necessary for the purpose of this rule may be shortly stated as follows : The Opposite Party No. 1 is the mortgagee decree-holder who obtained a mortgage decree on 9th April 1931. The original mortgagor is Opposite Party No. 2 and the petitioner is the purchaser of one of the mortgaged properties at an execution sale and he has acquired the other property by inheritance and partition after the death of his father who purchased the same at a private sale. He was impleaded as a defendant in a mortgage suit and the usual mortgage decree was passed. The mortgaged properties were put up to sale and purchased b...
Tag this Judgment!Surendra Nath Bose Vs. Ashutosh Saha and ors.
Court: Kolkata
Decided on: Nov-10-1938
Reported in: AIR1939Cal181
ORDERB.K. Mukherjea, J.1. This is a rule obtained by the plaintiff-petitioner on an application under Section 25, Provincial Small Cause Courts Act, and it is directed against a decree of dismissal passed by the First Subordinate Judge, Pabna, in Small Cause Court Suit No. 35 of 1937. The material facts may be shortly stated as follows : Two brothers named Kristo Das and Debi Das purported to own a house in the town of Pabna and they mortgaged the said house to one Asutosh Saha, the predecessor of the opposite party in the present rule on 23rd August 1929 to secure an advance of Rupees 2000 only. After this mortgage Kristo Das sold his equity of redemption to his wife Arunprova. The mortgagors had a stepbrother named Girish who claimed a third share in the mortgaged property and he started a suit for partition of his share in the mortgaged premises on that footing, This suit was dismissed by the trial Court as well as by the Appellate Court and Kristo Das and Debi Das were declared to ...
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