Kolkata Court May 1939 Judgments
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Hare Krishna Panigrahi Vs. Jogneswar Panda and ors.
Court: Kolkata
Decided on: May-05-1939
Reported in: AIR1939Cal688
B.K. Mukherjea, J.1. This appeal is on behalf of defendant 1 and it arises out of a suit commenced by the plaintiff for enforcement of a mortgage bond. The bond is alleged to have been executed by defendant 1 and his brother, Naba Krishna, to secure an advance of Rs. 50 only. The brother subsequently died leaving defendant 1 as his sole heir. Defendants 2 to 4 are the subsequent purchasers of the mortgage property and defendant 5 is said to be the plaintiff's benamidar, in whose name the mortgage bond was taken. A number of defences were taken by defendants 1 to 4 and their contentions in substance were that there was no due attestation of the mortgage bond, as required by law; that there was no consideration for the same and defendant 5 was not the benamidar of the plaintiff. It was further alleged that the endorsement on the back of the bond was not a genuine endorsement and the suit was barred by limitation. The trial Court overruled all the other defences of the defendants except t...
New Beerbhum Coal Co. Ltd. Vs. Chandan Mall Karnani
Court: Kolkata
Decided on: May-05-1939
Reported in: AIR1939Cal690
B.K. Mukherjea, J.1. This is an appeal on behalf of the plaintiff, and the suit was one for recovery of a sum of money paid by the plaintiff as cesses in respect of a colliery, described in Schedule A to the plaint, and which according to the plaintiff are payable by the defendant. The facts lie within a narrow compass and are for the most part undisputed. The predecessors of the defendant took a coal mining lease of the property described in the plaint from the plaintiff company on 25th September 1903 and on that day a potta was executed by the latter which was registered in due course. The potta provides for payment of a minimum royalty of Rupees 12,000 by monthly instalments of Rs. 1000 and also commissions at certain rates on all coals raised and despatched. The plaintiff's case is that under the terms of the said potta, the lessee is further liable to pay all road cess and Public Works cess payable in respect of the colliery. It is said that the plaintiff was assessed by Governmen...
Moseladdi and anr. Vs. Emperor
Court: Kolkata
Decided on: May-02-1939
Reported in: AIR1939Cal497
Henderson, J.1. This is an appeal from the jail. It was admitted by the learned Judges presiding over the undefended Bench. The appellants were convicted of murder. The learned Judges issued a rule calling upon them to show cause why they should not be sentenced to death. As are suit Mr. Mukherjee appeared on behalf of the appellants at the request of the Crown. I will deal with the Rule first. The prosecution case is really very simple. The deceased was a Naib. The two appellants attacked him in a boat armed with deadly weapons and inflicted serious injuries on him, as a result of which he died. The motive alleged was that the deceased had been helping the police to investigate a case under Section 110, Criminal P.C. against the two appellants. Now we entirely agree that this is a case in which a sentence of death ought to have been passed. The murder was a brutal and cold-blooded one. There were no extenuating circumstances of any sort and the reasons given by the learned Judge for n...
Kanti Chandra Ghosal Vs. Suchitra Sundari Dassi and anr.
Court: Kolkata
Decided on: May-02-1939
Reported in: AIR1939Cal606
Edgley, J.1. In the suits out of which these appeals arise the plaintiff sought to recover arrears of rent in respect of two separate holdings which he had purchased under Section 55, Village Chaukidari Act (Act 6 of 1870). Various pleas were urged on behalf of the defendants, but the only points raised by the defence with which we are concerned in these appeals are (1) whether or not the plaintiff is entitled to recover the whole of the rent for 1341 B.S. or only for two kists for that year and (2) whether the defendants are entitled to a reduction of rent. With regard to the first of these points, it appears that the first Court allowed the plaintiff to recover rent for the whole of 1341 as claimed in the plaint. The lower Appellate Court held however that as the sale took place on 10th November 1934, that is in Agrahayan 1341 the plaintiff was only entitled to recover rent for two kists of that year. In support of his case with reference to this point the plaintiff relies upon the t...
In Re: Goods of Stanley AustIn Cardigan Martin
Court: Kolkata
Decided on: May-01-1939
Reported in: AIR1939Cal642
ORDERSen, J.1. This is an application for an order restraining certain authorities of the B.N. Ry. from making payments of money lying with them which are alleged to appertain to the estate of one Stanley Austin Cardigan Martin, deceased, and restraining Miss. E.A. Lumsden from withdrawing or receiving payments of the aforesaid money. The facts leading to this application briefly are as follows. Stanley Austin Cardigan Martin was an employee of the B.N. Ry. He died on 3rd December 1938 leaving a minor son. The petitioner is the deceased's brother, Leo Joseph Martin. He alleges that Stanley Martin executed a will before his death disposing of all his property. The property consists of the following items: (1) Money lying with the B.N. Ry. employees Mutual Benefit Fund, Kidderpore, Rs. 1500. (2) Money lying with the B.N. Ry. Mutual Family Death Benefit Fund Ltd., Bilaspur Rs. 2000. (3) Money lying with the B.N. Ry. being the provident fund, gratuity and unpaid salary, Rupees 25,240.11-0....
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