Kolkata Court July 1940 Judgments
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Hemendra Nath Roy Chowdhury Vs. Purna Charan Hauli and ors.
Court: Kolkata
Decided on: Jul-11-1940
Reported in: AIR1940Cal549
Edgley, J.1. This appeal arises with reference to an application riled by the decree-holder under Section 47, Civil P.C., in which ha asked that an order staying the execution proceedings under Section 34, Bengal Agricultural Debtors Act, should be vacated. The application was rejected by the learned Munsif and the decision of the trial Court was affirmed on appeal by the learned District Judge of Khulna. It appears that the decree-holder had instituted a suit against the judgment-debtors for non-payment of their share of the bhag produce due in respect of a certain plot of land with an area of 40 bighas. His case was that the owner's share of the produce amounted to 169 maunds of paddy and a certain quantity of straw and he claimed Rs. 770 as the pries of the produce, including interest. On con-test he obtained a decree for Rs. 292-8-0, which, in the view of the Court which passed the decree, represented the proper price of the bhag produce due to the decree-holder. This decree was ob...
Joyram Rakshit Vs. Annada Prosad Kundu
Court: Kolkata
Decided on: Jul-11-1940
Reported in: AIR1941Cal90
Bartley, J. 1. This is a reference under Section 438, Criminal P. C., made by the District Magistrate of Bankura. The matter arose in the following way : On 4th July 1939 at 6-30 in the morning one Gobinda Lal Rakshit laid an information at the Chhatra police-station that Probodhbala, wife of Annada Prosad Kundu, had committed suicide by hanging herself. The Sub-Inspector went to the spot and found the body of Probodhbala lying in the upper part of the house. He held an inquest and sent the body to Bankura for post-mortem examination. In the original post-mortem report, it was noted that opinion regarding the cause of death was reserved pending the receipt of the results of chemical examination of the viscera of the deceased. But it was also noted in the same report that there was a tear in the pelvic cavity and that the vaginal wall was intensely congested and bruised. The body at the time of the post-mortem examination was in a more or less decomposed condition. After receipt of the ...
Md. Serajul Haque and ors. Vs. Dwijendra Mohan Sen Gupta and ors.
Court: Kolkata
Decided on: Jul-09-1940
Reported in: AIR1941Cal33
Biswas, J.1. This is an appeal on behalf of some of the defendants in an action of ejectment on declaration of the plaintiffs' title. The learned Munsif who tried the suit declared the plaintiffs' title as landlords, but dismissed the claim for ejectment on the ground that the suit had not been properly constituted. On appeal, the learned Subordinate Judge reversed the decision, and decreed the suit in full. The defendants were directed to remove the huts and structures from the lands within three months, failing which the plaintiffs were given liberty to take khas possession on removal of the same at the cost of the defendants. Hence the present appeal by four of defendants, 1 to 4, the other contesting defendant 5 and pro forma defendant 6 being joined as respondents. The defence to the suit was mainly two-fold : first that the suit was defective for want of parties in so far as the entire body of cosharer landlords had not been represented, and secondly that the tenancy was a kayemi...
Jitendra Bhusan Das and ors. Vs. Emperor
Court: Kolkata
Decided on: Jul-09-1940
Reported in: AIR1941Cal413
ORDEREdgley, J.1. These two rules arise with reference to the conviction of the petitioners under Sections 3 and 4, Bengal Public Gambling Act (2 of 1867). As the points which require consideration are similar in the two cases they have been heard together. In both cases it was alleged by the prosecution that certain premises at Howrah had been searched in pursuance of warrants issued under Section 5 of the Act, and that some papers had been found in these premises which, according to the prosecution case, were 'instruments of gaming' used in connexion with cotton gambling. In Criminal Revision Case No. 296 of 1940 the petitioner was the occupier of the premises on which these instruments of gaming had been found, whereas in the other case (Criminal Revision Case No. 438 of 1940) not only the occupier but certain persons have been convicted who were actually found on the premises. In both these cases the Courts below appear to have based their judgments to a large extent upon the presu...
Anil Kumar Das and anr., Minors Represented by Smt. Binodini Dassi Vs. ...
Court: Kolkata
Decided on: Jul-08-1940
Reported in: AIR1940Cal532
Lodge, J.1. This second appeal arises out of a suit on a mortgage bond. The material facts are as follows : One Akshoy Kumar Das died in the year 1925, leaving him surviving a widow and three sons. The eldest son Satish Chandra Das was the son of a predeceased wife, the other two sons Anil Kumar Das and Sudhir Kumar Das were the children of the widow Binodini Dassi. The property left by Akshoy Kumar Das consisted of a dwelling house in the town of Khulna and a stationery business which was being carried on under the name of 'Das Brothers' and was being managed by the eldest son Satish. On 4th January 1933 the widow Binodini Dassi applied to the District Judge of Khulna to be appointed guardian of the persons and properties of her two minor sons, Anil Kumar and Sudhir Kumar, and on 26th January 1933 an order was passed allowing her application and directing her to furnish security. Security was duly furnished. The security bond was tested by the Nazir and on 11th February 1933 an order ...
Jnanendra Narayan Bagchi and ors. Vs. Bhola Nath Mondal and ors.
Court: Kolkata
Decided on: Jul-08-1940
Reported in: AIR1941Cal252
B.K. Mukherjea, J.1. These two appeals arise out of certain proceedings in execution of two rent decrees which were obtained by the same decree-holders against the same judgment-debtors. The rent suits were instituted in the year 1929 and decrees were obtained by the appellants decree-holders for sums of Rs. 9000 odd and Rs. 13,000 odd respectively. In the present execution proceedings objections were raised by some of the judgment-debtors and these objections were of a twofold character. In the first place it was contended that there was an arrangement between the decree-holders and the judgment-debtors which had the effect of an adjustment of the decree within the meaning of Order 21, Rule 2, Civil P.C. In the second place it was argued that by reason of a compromise petition which was filed in this Court in connexion with appeal from Original Decree No. 178 of 1931, the decretal dues were payable in six yearly instalments and consequently the decree-holders were not entitled to take...
Jamuna Ram Bhakat and anr. Vs. Heeralal Agarwalla and Co. and ors.
Court: Kolkata
Decided on: Jul-05-1940
Reported in: AIR1940Cal515
Khundkar, J.1. This appeal arises out of a suit for a declaration that the shares of the plaintiffs in certain immovable property comprising a house were not affected by two sales held in execution of decrees obtained respectively by defendants 1 and 2. There was a further prayer for a declaration that the plaintiffs' interest in the said property was not affected by a mortgage decree obtained by defendant 3, which decree had not been executed. The material facts may here be stated. There was an undivided Hindu joint family governed by the Mitakshara School of law the founder of which was one Moti Ram Bhakat. Moti Ram had four sons Balgovinda, Motru who is defendant 4, Ram Kissen who is defendant 5 and Sri Kissen who is defendant 6. The plaintiffs are the two sons of Balgovinda. Defendants 7, 8, 9, 10, 11 and 12 are the sons of defendant 4 Motru. The name of defendant 7 is Jodhan Prosad, and the name of defendant 9 is Bhagaban Das. Defendants 13 and 14 are the sons of defendant 6, Sri ...
Srimatijan W/O Sheikh Amiraddi and anr. Vs. Fulja Khatun W/O Munsur an ...
Court: Kolkata
Decided on: Jul-04-1940
Reported in: AIR1941Cal266
Biswas, J.1. This was a suit by three sisters belonging to a Mahomedan family for recovery of joint possession of a certain homestead along with another sister, defendant 1, on declaration of their title. Their case was that the property had devolved on all of them equally by inheritance from their mother. The suit was contested mainly by defendant 1, who alleged that she had got the property exclusively from her mother by way of a gift. The first Court gave effect to the plea of defendant 1, and dismissed the suit, but the judgment was reversed on appeal.2. The main question is whether the alleged gift of the homestead to defendant 1 by her mother can be supported. The learned Judge in the Court of appeal below holds that it is hit by Section 26C, Ben Ten. Act, which lays down that every transfer of an occupancy holding shall be made by a registered instrument, except in certain cases therein mentioned with which we are not concerned in this appeal. It is not disputed that the propert...
Mymensingh Loan Office Ltd. Vs. Basir Sheikh and ors.
Court: Kolkata
Decided on: Jul-03-1940
Reported in: AIR1940Cal523
Biswas, J.1. In my opinion the judgment of the learned Subordinate Judge in these two appeals must be set aside. The appeals arise out of two suits for ejectment under Section 480, Ben. Ten. Act, and the only question is whether the suits were barred by Section 33, Bengal Agricultural Debtors Act, 1935. This Section lays down that except as provided in the Act, no Civil or Revenue Court shall entertain a suit, application or proceeding against a debtor in respect of any debt included in an application under Section 8 or in a statement under Sub-section (1) of Section 13, proceedings in connexion with which are pending before a Board. It appears that the defendants had made an application to a Debt Settlement Board in which they had included the arrears of rent for nonpayment of which the plaintiff brought these suits. There can be no question that these arrears constituted a 'debt' within the meaning of the Act, but the point is whether the suits could on that account be regarded as su...
In Re: Manager, Radhika Mohan Roy Ward's Estate
Court: Kolkata
Decided on: Jul-03-1940
Reported in: AIR1941Cal443
Derbyshire, C.J.1. In this assessment the assessee was assessed on a certain sum which was interest derived from securities, house properties and other sources. The assessee also had a considerable agricultural income amounting to Rs. 72,600 which, as it was agricultural income, was not included in the assessment. The Income-tax Officer, however, included in the assessment a sum of Rs. 2841 as interest on arrear of rents collected from agricultural tenants under the provisions of Section 67, Ben. Ten. Act, 1885, which is as follows:An arrear of rent shall bear simple interest at the rate of six and a quarter per cent. per annum from the expiration of that quarter of the agricultural year in which the instalment falls due to the date of payment or of the institution of the suit whichever date is earlier.2. The simple question is - is the sum of Rs. 2841 which is interest on rents in arrear collected from agricultural tenants, agricultural income, and so not assessable under the Income-t...
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