Kolkata Court August 1939 Judgments
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Raja Sarat Chandra Roy Chaudhury Bahadur Vs. Arjun Mandal
Court: Kolkata
Decided on: Aug-03-1939
Reported in: AIR1939Cal742
ORDERHenderson, J.1. This is a Rule calling on the opposite party to show cause why the order of the Munsif rejecting the petitioner's petition should not be set aside. As the opposite party has managed to get the suit stayed by an application to a Debt Settlement Board, he is no longer taking any interest in the matter and has not appeared. Mr. Ghosh, however, argued the case against the rule as amious curise in order to put forward the point of view of the legal profession. The petitioner is a zamindar who has instituted several tent suits. His contention was that his gomasta, who was an authorized agent within the meaning of Section 145, Ben. Ten. Act, was entitled to conduct his cases in Court. The reason he put forward was that he wished to minimize the costs of litigation, and he proposed to follow this procedure in his conduct of uncontested suits. The learned Munsif pointed out correctly, that it does not make the slightest difference whether the suit is con tested or not. If h...
Secretary of State Vs. District Board
Court: Kolkata
Decided on: Aug-03-1939
Reported in: AIR1939Cal758
Sen, J.1. The District Board of Rangpur instituted three suits being Suits Nos. 496, 497 and 498 of 1935, against the Secretary of State for India in Council. The suits were instituted under Section 106, Bengal Tenancy Act, for correction of the record of rights. All the suits were heard together and partially decreed. No appeal has been filed against the decision in Suit No. 497, and therefore I am not concerned with the decision in that suit. The defendant, the Secretary of State for India in Council through the Agent of the Eastern Bengal railway appealed against the decision of the Assistant Settlement Officer in the other two suits to the Special Judge; he upheld the decision of the trial Court with a small modification in Suit No. 496. He held that so far as that suit was concerned, the plaintiff's case had failed with respect to one of the plots, namely plot No. 669. Against this decision, the Secretary of State for India in Council has filed two appeals to this Court and the pl...
Ranada Kishore Roy Vs. Swarnamoyee Debi W/O Nalini Kishore Roy
Court: Kolkata
Decided on: Aug-02-1939
Reported in: AIR1940Cal33
1. This is an appeal by the defendant in a suit instituted by the plaintiff for partition by metes and bounds of her eight-annas share in a large number of properties which are described in the schedule to the plaint. She has also prayed for a declaration of title to eight-annas share in two touzis Nos. 2575 and 2576 which are known as the Syamagram properties and are included in item 4 of the plaint. The facts admitted are these:2. The common ancestor was Harikishore Roy who died leaving two sons, Ramani Kishore Roy and Nalini Kishore Roy. Ramani was the eldest. His son Ranada is the defendant in the suit. Nalini Kishore Roy died on 3rd March 1902 when he had just attained majority. He left him surviving a childless widow Swarnamayee Debi who is the plaintiff. He had executed on 11th May 1901 a will by which he appointed his brother Ramani Kishore, executor. By the will, his widow Swarnamayee was given the power to adopt a son. Ramani took out probate of this will in the year 1902 sho...
Sheikh NizamuddIn Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Aug-01-1939
Reported in: AIR1940Cal11
Narasing Rau, J.1. This appeal by the plaintiff arises out of a suit brought by him against the Corporation of Calcutta for certain declarations and for a permanent injunction against the Corporation, The plaintiff's allegations were briefly these : He is the owner of certain premises at 24 Allenby Road, Bhowanipore. He applied to the Corporation authorities for permission to construct a garage in the aforesaid premises. The permission was at first refused. Thereupon he preferred an appeal to the Building Standing Committee, of the Corporation which according to him was authorised to consider such appeals. On 25th March 1935, the Committee passed a resolution allowing the appeal, the resolution being duly confirmed at the first meeting of the next Committee on 13th June 1935. Thereafter he completed the construction of the garage. On 3rd September 1935, after the garage had been completed, he was served with a notice to show cause by 7th September 1935, why the garage should not be dem...
Rai Br. Pannalal and ors. Vs. Lala Hansraj Gupta and ors.
Court: Kolkata
Decided on: Aug-01-1939
Reported in: AIR1940Cal236
Panckridge, J.1. This suit has been set down for the trial of certain issues settled by McNair J. on 5th December 1938. The facts can be summarized as follows : One Lala Raghumull Khandelwal, a resident of Delhi, to whom I shall refer as 'the testator,' died without male issue on 5th September 1926. More than twelve years prior to his death, on 6th April 1914, he had executed a will, whereby be appointed his friend Rai Sahib Kedar Nath and his nephew Deen Doyal his executors. As to the residue of his estate, moveable and immovable, he directed that if he died without male issue it should be applied by his executors for the purpose of education of boys and girls belonging to the Hindu community, the Arya Samaj having preference in such manner and under conditions as to his executors shall seem proper. The will was deposited for safe custody with the firm of Messrs. B.N. Basu & Co., the well-known attorneys. On the day before his death, that is to say on 4th September 1926, the testator ...
Bijaynagar Tea Co. Ltd. Vs. Indian Tea Licensing Committee
Court: Kolkata
Decided on: Aug-01-1939
Reported in: AIR1940Cal406
Edgley, J.1. This is an appeal by the Bijaynagar Tea Company Ltd., against the order of the Indian Tea Licensing Committee, dated 14th October 1938, under which the crop basis of their estate was calculated to be 196524 lbs. Similar appeals have been filed by the Malhati Tea Syndicate Ltd., and by the Kadambini Tea Co. Ltd., against the orders of the Indian Tea Licensing Committee under which the crop basis of those estates was fixed for the year 1938-39, but, as the points at issue between the appellant companies and the committee are the same in each of these cases, it has been agreed between the parties that these appeals will be governed by the decision in the appeal which has been filed on behalf of Bijaynagar Tea Company Ltd. Both the parties to the present appeal have dispensed with proof of the documents reproduced in the brief which has been prepared for the use of the Court and they have also agreed to admit in evidence the Administration Report of the Indian Tea Licensing Co...
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