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Kolkata Court June 1939 Judgments

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Jun 02 1939

Tarak Nath Kundu Vs. Panchanon Dutt

Court: Kolkata

Decided on: Jun-02-1939

Reported in: AIR1939Cal564

B.K. Mukherjea, J.1. This rule is directed against an order of the Munsif, First Court, Howrah, dated 19th April 1939, by which he refused to stay certain proceedings in execution of a decree in spite of a notice sent to him by the Jagadishpur Debt Settlement Board under Section 34, Bengal Agricultural Debtors Act. The decree was one for a sum of Rs. 1200 only, obtained by the opposite party against the petitioner, on the basis of a promissory note in the original side of this Court. On the application of the decree-holder it was transmitted for execution to the Court of the Munsif, First Court, Howrah, and the decree-holder applied for attachment and sale of certain immovable properties, belonging to the judgment-debtor which were situated within the jurisdiction of that Court. The judgment-debtor there, upon presented an application under Section 8, Bengal Agricultural Debtors Act, to the Jagadishpur Debt Settlement Board for settlement of his debts, and the latter issued a notice un...


Jun 01 1939

Mathuraprosad Rajgharia and ors. Vs. Bhusan Chandra Das and anr.

Court: Kolkata

Decided on: Jun-01-1939

Reported in: AIR1940Cal399

ORDERS.K. Ghose, J.1. The petitioners in this Rule brought the suit in the Court of Small Causes at Sealdah for recovery of a sum of money due on a security bond. The defendant objected that the suit involved questions of title and should be tried as an ordinary civil suit. Thereupon the plaintiffs made a prayer that the suit should be transferred under Section 23, Provincial Small Cause Courts Act. Accordingly, the learned Munsif who had powers both under the Provincial Small Cause Courts Act and under the ordinary procedure transferred the case to his money file, whereupon the suit was registered as a money suit and it was decreed. The defendant appealed to the District Judge who reversed the decision of the Munsif and dismissed the suit. Against that order the present rule has been obtained on the ground that the learned District Judge had no jurisdiction to hear the appeal. It is contended that although the suit was tried under the ordinary procedure still as the Munsif had powers ...


Jun 01 1939

Somorendra Nath Mitter and anr. Vs. Ashutosh Roy and ors.

Court: Kolkata

Decided on: Jun-01-1939

Reported in: AIR1939Cal588

R.C. Mitter, J.1. On 12th April 1923, three persons Sourendra Nath Mitter, Satya Santi Mitter and Khokalal Mitter instituted a suit for partition and accounts against Tarubala Dasi in the Court of the Subordinate Judge at Hughli. They claimed two-thirds share of the estate left by their ancestor Rai Ishan Chandra Mitter Bahadur and in the accretions thereto, and admitted that Tarubala owned the remaining one-third share. The relationship between the parties will appear from the following pedigree: RAI ISHAN CHANDRA MITTER D.17-1-1900 | ------------------------------------------------------- | | | Bepin Chandra Lal Behary Charu Chandra D. 22-12-1910 D. 27-2-191 D. 27-4-1915 | | =Tarubala, defendant --------------------- Khokalal D. 20-6-1936 | | (Plff. 3) | Sourendra Satya Santi D. 7-4-1928 -------------------- (Plff. 1) (Plff. 2) | | | D. 19-1-1933 D. 16-2-1934 Maniklal Baidyanath Umarani | (minor) D. 1920 =Anath Roy -------------------- | | | ------------------------ Samarendra Mukul ...


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