Kolkata Court June 1938 Judgments
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Midnapore Zamindary Co. Ltd. Vs. Haripada Roy and ors.
Court: Kolkata
Decided on: Jun-02-1938
Reported in: AIR1938Cal681
S.K. Ghose, J.1. The plaintiff instituted the suit for the recovery of arrears of rent of a permanent tenure for the period 1338 Falgoon to 1339 Magh. It appears that the plaintiff had previously obtained a decree for the rents of another tenure and in execution of that decree he auction-purchased the tenure in suit on 25th January 1933. The present suit has been brought against the same judgment-debtor in respect of a period anterior to the auction-purchase. The suit is contested by defendant 6 and his defence is that the sale of 25th January 1933 was in effect a money sale, that the landlord auction-purchased only the right, title, and interest of the judgment-debtor and that the latter is no longer liable for the rent of the anterior period. This defence has been accepted by both the Courts below. Hence this second appeal by the plaintiff. The learned advocate for the plaintiff-appellant does not dispute that his client purchased the tenure at a money sale, but he contends that he i...
Hrishikesh Ghose Vs. R.P. Michael
Court: Kolkata
Decided on: Jun-02-1938
Reported in: AIR1939Cal45
Bartley, J.1. This rule was issued upon the Chief Presidency Magistrate, Calcutta, to show cause why an order made by him on 19th May under which he directed that a certain bus would remain with the complainant, the opposite party in the present rule, should not be set aside. The facts of the case are simple, and we think that the law is the doctrine that the Court will not permit the use of the processes of the Criminal Court in order to enforce a purely civil right. The petitioner in this rule entered into a hire-purchase agreement with the opposite party to buy a motor bus. Amongst the stipulations in the hire-purchase agreement, it was laid down that in default of payment of any instalment the owner firm could seize the bus and determine the agreement. There was a further clause in the agreement that the purchaser should notify any change in the address of the garage where the bus was kept. On 3rd May last a representative of the complainant firm made a complaint to the Chief Presi...
Barnes (inspector of Taxes) Vs. Hutchinson.
Court: Kolkata
Decided on: Jun-02-1938
Reported in: [1939]7ITR124(Cal)
LAWRENCE, J. - In spite of the able arguments which have been addressed to me on behalf of the Crown, I think that, on the authorities as they stand, the decision of the Commissioners was right.(His Lordship stated the facts and continued :) The Commissioners based their decision upon the authority of Gilbertson v. Fergusson, which was decided in 1881. The facts in that case were these : The Imperial Ottoman Bank had an English agency in London, conducting a banking business in London and making profits in England, it was held that the English committee which acted as paying agent to English shareholders in the Imperial Ottoman Bank was entitled to the benefit of the tax paid upon the English profits in the proportion that those profits bore to the total profits of the Imperial Ottoman Bank.The Commissioners have held that the principle in that case is applicable to the present case. The contention for the English agency, the Imperial Ottoman Bank, was that, as the profits of that agen...
Sm. Nirupama Devi W/O Suresh Chandra Lahiri Vs. Anathbandhu Saha and o ...
Court: Kolkata
Decided on: Jun-01-1938
Reported in: AIR1938Cal618
1. This appeal is on behalf of defendant 1, Sm. Nirupama Devi, in the mortgage suit, out of which this appeal arises, instituted by Anathbandhu Saha, the mortgagee, against her and three other defendants. The mortgage which is sought to be enforced in this suit is dated 20th March 1922 (Ex. 1, paper book, Part 2, p. 8). The mortgagor was Mukundalal Sarkar since deceased, whose heirs are defendants 2 and 3 in the suit. The amount borrowed was Rs. 3000; the rate of interest mentioned in the deed is 14 1/4 per cent. per annum, compound with yearly rests. Three properties were made security for the payment of the loan. On 10th May 1925, defendant 1, the appellant before us, purchased from the mortgagor the third item of property mentioned in the mortgage instrument and another property which is not included in the mortgage bond, at a price of Rs. 9000. [Ex. 2 (b), p. 18], It appears that money was also due to defendant 1 from Mukunda Lal Sarkar on some other transaction and the whole of Rs...
Moulavi Ali Ahmed Vs. Sm. Shamsunnessa W/O Munshi Amirullah and ors.
Court: Kolkata
Decided on: Jun-01-1938
Reported in: AIR1938Cal602
S.K. Ghose, J. 1. The plaintiff Moulavi Ali Ahmed who is the appellant in this second appeal, brought the suit on the following allegations. The 10 kanis and odd lands described in Schedule ka to the plaint belonged to the plaintiff's step-brother Ameer Ali who had mortgaged them in 1313 B.S. to one Bhuban Mohan Sen. In 1318 B. S. (1911) Ameer Ali executed a deed of agreement in favour of the plaintiff stipulating to sell to him 4 kanis out of those lands at Rs. 650. Plaintiff paid down Rs. 125 and after obtaining possession of two plots, viz. Nos. 6 and 16 built a portion of his homestead thereon. It was a part of the agreement that Ameer Ali would redeem the mortgage and execute a sale deed within a certain time and that failing this, plaintiff would pay off the mortgage and recover the excess if any over Rs. 625 from Ameer Ali. The latter did not redeem the mortgage. Plaintiff's allegation is that he got information that some other persons were attempting to purchase the mortgage fr...
Brojesh Charan Sen and ors. Vs. Secretary of State and ors.
Court: Kolkata
Decided on: Jun-01-1938
Reported in: AIR1939Cal81
1. The appellants, who would 'hereafter be called the Sens, are the proprietors of a permanently settled estate No. 287 of the Murshidabad Collectorate. That estate had originally the river Bhagirathi as its western boundary but years ago the Government acquired a strip of 'land from out of the said estate adjoining the river and made it a public road. It is called the Strand Road. Thereafter the said estate ceased to be a riparian estate because the said public road intervened between it and the river. After the road was made the river began to recede or shrink in size with the result that chars were formed to the west of the road. These lands were not accordingly accretions to the said estate but still the Sens began to possess them. The higher portion of this char was formed into a estate being No. 3001 of the said Collectorate and was temporarily settled with them for a term of 30 years, from 1905 to 1935. The document, a kabuliat, was however executed on 17th February 1908 (Ex. 29...
Sunity Bala Das Gupta and anr. Vs. Sir Prodyot Kumar Tagore
Court: Kolkata
Decided on: Jun-01-1938
Reported in: AIR1939Cal305
ORDERM.C. Ghose, J.1. These are two petitions under Section 115 by the transferees in proceedings under Section 26-J, Ben. Ten. Act. The two sets of petitioners each purchased certain lands from the previous holders thereof on the footing that the lands were held under mokarari mourasi rights at a rate of rent fixed for ever and on that basis the transfer fee under Section 12 was sent to the landlord. The landlord thereupon applied to the Court under Section 26-J for landlord's fee at 20 per cent, on the basis that in the transfer deeds the lands had been wrongly described as held at a rent fixed for ever while really they were ordinary raiyati holdings. After the application was made the transferees instituted a suit in the Court for a declaration that the lands which they had purchased were really lands at a fixed rate of rent and not merely raiyati holdings. The landlord defended the suit and it was fought up to the High Court and decided against the petitioners. The application whi...
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