Kolkata Court January 1941 Judgments
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Tumina Khatun Vs. Gaharjan Bibi
Court: Kolkata
Decided on: Jan-16-1941
Reported in: AIR1942Cal281
Sen, J.1. Moksed and Fatema are the infant son and daughter of Amina and Mobarak Ali. They are aged about four years and six years respectively. Both their parents are dead. Tumina Khatun, the sister of Amina, applied for the guardianship of the person and property of these two infants. Amina's father, Isurhaddi, applied to be appointed guardian of the property only of the minors, and Tumina gave up her claim in this respect. The applications-were opposed by Gahar Ali Mridha, the paternal grandfather of the minors. The learned District. Judge has appointed Isumaddi guardian of the-property of the minors, and this part of the order is not appealed against. He has dismissed Tumina's application to be appointed guardian of the persons of the minors and has appointed Gahar Ali's wife, Gaharjan, the step-mother of Mobarak Ali, as such. The appeal is against this order.2. On behalf of the appellant it is argued that Tumina, as maternal aunt, has, under the Mahomedan law, a preferential right...
O.V. Forbes Vs. V.G. Peterson
Court: Kolkata
Decided on: Jan-15-1941
Reported in: AIR1942Cal283
Derbyshire, C.J.1. This is an appeal from an order of Ameer Ali, J. dated 21st June 1940, whereby he stayed an application by Oswald Vernon Forbes made to this Court for the grant to him of probate of the will of his mother, Adelaide Elizabeth Forbes, and a codicil alleged to. have been made with reference to the will. The order was as follows:The application is stayed sine die with liberty to bring it on upon notice to the other parties in the event of the probate granted by the Lucknow Court being hereafter revoked. 2. There was also an interim order restraining the. executor and executrix of the said will -- of which probate had been granted by the Oudh Chief Court at Lucknow -- from distributing the estate in such a manner that persons having rights under the codicil may be adversely affected. The interim order restraining distribution was stated to hold good until 1st July 1940. The facts leading up to this application are as follows : The deceased Adelaide Elizabeth Forbes was a ...
Raman Chandra Bandopadhya and ors. Vs. Kedar Nath Bandopadhaya Chowdhu ...
Court: Kolkata
Decided on: Jan-14-1941
Reported in: AIR1941Cal441
Henderson, J.1. This appeal is by the plain-tiffs. The respondents instituted a rent suit against pro forma defendant 3 and paid the amount into Court. The plaintiffs then instituted the present suit as provided by S.149, Ben. Ten. Act. The Munsif decided in their favour. The respondents appealed and the plaintiffs now appeal to this Court. As there is some doubt whether the appeal is competent there is an alternative application under Section 115, Civil P.C. The doubt is due to the fact that the first ground taken in support of the appeal is that the appeal in the lower appellate Court was incompetent. The decision in Wajuddi Pramanik v. Md. Bolai Morul : AIR1925Cal1032 lays down that the remedy of the present appellants is by appeal and not by revision. I am bound to say that I myself share the doubts expressed by my learned brother Mitter J., in Amirul Islam v. Sarada Kumar Sen ('36) 40 CWN 149, as to the correctness of that decision. I find it difficult to accept the position that ...
Reazaddi Bepari and anr. Vs. Yakub Bepari and ors.
Court: Kolkata
Decided on: Jan-13-1941
Reported in: AIR1941Cal416
Henderson, J.1. This appeal is by defendants 1 and 2. The question raised is the share of defendant 10 in the landlord's interest of the disputed holding. The jote in question was sold to defendant 2. There was an application for pre-emption by defendants 3 to 10 which was allowed. The holding was then settled with the plaintiffs the share of defendant 10 being 7 pice. Defendant 10 subsequently put forward a case that his real share was 8 annas and settled the balance with defendants 1 and 2. This claim of defendant 10 was put forward on the curious ground that, inasmuch as the jote was held jointly under two touzis and defendant 10 was the only one of the proprietors of one touzi applying for pre-emption his share must be 8 annas. That case has now been abandoned; but the claim to enhance the share of defendant 10 is put forward in a modified form. The shares of the applicants for pre-emption were as follows: Defendants 3 to 5-2 annas 13 gandas 1 krant; defendants 6 to 9 - 5/6/2/2; an...
District Board Vs. Sarafat Ali and ors.
Court: Kolkata
Decided on: Jan-08-1941
Reported in: AIR1941Cal408
B.K. Mukherjea, J.1. The plaintiff is the appellant before me in these three appeals which arise out of three analogous actions in ejectment. The facts lie within a short compass and may be stated as follows. The subject-matter of the three suits are three strips of land lying to the contiguous east of a road known as Railway Approach Road which itself runs north to south on the eastern side of the Comilla Railway Station compound. The case of the plaintiff District Board is that these as well as other lands were acquired by the Government under the Land Acquisition Act for the Assam Bengal Railway Company who constructed a railway approach on a portion of the lands acquired. Later on, the Railway Company relinquished the approach road as well as the side lands which included the plots in suit in favour of the Government and the Government, in their turn, made over these lands to the District Board of Comilla under Section 74, Local Self-Government Act. The plaintiff Board has since th...
Rabindra Nath Chakravarty Vs. Girindra Mohan Bhaduri
Court: Kolkata
Decided on: Jan-06-1941
Reported in: AIR1941Cal518
Biswas, J.1. The question in this rule is one of court-fee payable on a plaint. The suit is one for administration, and has been instituted by the plaintiff in his capacity as executor. He not only asks for construction of the will and administration of the estate, but also prays for accounts and partition and for a number of other incidental reliefs, mainly in the nature of directions from the Court as to how the estate is to be distributed. The defendants say that the suit is a mala fide one, and is only a device to get round a distribution of the legacies already effected in pursuance of an award in a private arbitration among the various legatees and beneficiaries, and that it is also an attempt on the part of the plaintiff to escape payment of certain amounts for which he has made himself personally liable. We are not, however, concerned with the merits of the case at this stage, but must proceed on the allegations in the plaint. The plaintiff has paid a total court-fee of Rs. 86-...
Abdus Samad Molla Vs. Abdul Gofur Molla and ors.
Court: Kolkata
Decided on: Jan-03-1941
Reported in: AIR1941Cal396
B.K. Mukherjea, J.1. This is an appeal against the decision of the District Judge, Khulna, dated 17th August 1938, affirming that of the Munsif, Third Court of that place. Two plaintiffs, one of whom is the appellant before me, commenced the suit out of which this appeal arises for recovery of khas possession of the lands in suit on establishment of their title as under raiyats with rights of occupancy in respect of the same on the basis of a purchase at a rent sale. They also claimed mesne profits. The plaintiffs' case was that the lands in suit appertained to a under-raiyati holding which belonged to Cherajan Bibi and others and they held it under Laban Sheik and his cosharers at a jama of Rs. 6 and odd and the tenants had acquired occupancy rights in the holding by custom. Laban Sheikh and his cosharers sued Cherajan Bibi and others for arrears of rent in respect of this under-raiyati holding for the years 1330 to 1333 B.S. in rent suit No. 191 of 1927, and, having got an ex parte d...
Noor Jehan Begum Vs. Eugene Tiscenko
Court: Kolkata
Decided on: Jan-03-1941
Reported in: AIR1941Cal582
Edgley, J.1. In this case a lady who describes herself as Noor Jehan Begum sues for a decree for the dissolution of her marriage with Eugene Tiscenko, a Russian subject, at present residing at Edinburgh in Great Britain. In the alternative, she asks for a declaration that her marriage with the defendant stands dissolved. The plaintiff's suit first appeared in the undefended list but, having regard to certain legal points of far-reaching importance which arise in connexion with this matter, I thought it desirable that the law relating to the case should be discussed in full, and I therefore asked Mr. S. M. Bose to appear as amicus curiae. He has been assisted by Mr. Clough and Mr. Das, and I am very grateful to these gentlemen for the help which they have given me in deciding this ease. In her plaint the plaintiff states that she is of Russian parentage and until recently was a Christian. She was born in Poland and, on 28th May 1931, was married in Berlin according to civil rites to the...
Abu Pramanik and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-03-1941
Reported in: AIR1942Cal239
Bartley, J.1. The appellants in this case were tried by the learned Sessions Judge of Pabna and Bogra on a charge framed under Section 302/34, Penal Code. The jury by a majority of 5/4 found them all guilty under that section and the learned Judge in accordance with that verdict sentenced them to transportation for life. The ease for the prosecution briefly was that these four appellants and another man Mahiruddin Fakir who has been examined as an approver in the case murdered one Kusumbala wife of Sasadhar Das on the night of 31st January 1940. It was the case for the prosecution that the appellant Abu was on bad terms with Sasadhar Das and that at the time of the occurrence there was a criminal case pending against Abu which Sasadhar Das was conducting on behalf of the prosecution. This case was actually fixed for 1st February 1940 and Sasadhar Das left home in connection with it on the afternoon of the murder. The story is that on that night the deceased woman was sleeping in a hut ...
Akina Bibi and ors. Vs. Mahammad Ali Shaha and ors.
Court: Kolkata
Decided on: Jan-02-1941
Reported in: AIR1941Cal336
ORDERHenderson, J.1. The question raised in this rule is whether the opposite party should seek his remedy by a suit or by an application under Section 151, Civil P.C. The relevant facts, are as follows: Petitioner 1 and opposite parties Nos. 1 to 5 instituted a partition suit in the Court of the Munsif, second Court, Dinajpur. The suit was amicably settled and a solenama was filed by the parties and a partition decree was made in terms of the solenama. Subsequently opposite party No. 1 instituted suit No. 107 of 1939 in connexion with the property. He alleged that he had come to learn from enquiries that a suit for partition had been instituted with himself and certain other persons as plaintiffs without their knowledge and that a false solenama was filed without their knowledge, on the basis of which a fraudulent decree was passed. He alleged that the partition suit was instituted without his knowledge and that the names of himself and his co-sharers were falsely inserted in the plai...
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