Kolkata Court February 1942 Judgments
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Sher Ali Mridha Vs. Torap Ali and ors.
Court: Kolkata
Decided on: Feb-06-1942
Reported in: AIR1942Cal407
Pal, J.1. This appeal is by the plaintiff and it arises out of a suit for recovery of possession on declaration of the plaintiff's title to the suit land. The land in suit appertains to a raiyati holding belonging to one Meru Shaikh. Meru Shaikh died leaving his widow Moyna alias Nowabjan and two sons Abdul Ali and Akub Ali. In 1916 the two sons of Meru Shaikh mortgaged their 14 annas share in the holding to one Benode Behari Shaha. In 1920, Akub Ali's son Turab Ali who is defendant 1 in the present suit, created a usufructuary mortgage in favour of the present plaintiff in respect of the land of this holding. In 1921, the widow of Meru Shaikh, Moyna alias Nowabjan, who is defendant 6 in the present suit sold her 2 annas share in the holding to Maniruddin and Kalimuddin who on their part sold this interest to the present plaintiff on 31st May 1923. In 1922, the mortgagee of the 14 annas interest instituted a suit for enforcement of the mortgage, obtained a decree in that suit and-in ex...
Naresh Chandra Gupta and ors. Vs. Lal Mamud Bhuiya and anr.
Court: Kolkata
Decided on: Feb-06-1942
Reported in: AIR1942Cal379
Sen, J.1. The petitioners in the year 1925 advanced Rs. 1400 to the opposite parties on a mortgage. The interest payable was 15 per cent, per annum with annual rests. They instituted a suit on that mortgage and obtained a preliminary decree on 6th December 1930, and a final decree on 14th January 1931. In execution of the mortgage decree the mortgaged property was sold on 22nd June 1933, and the sale proceeds were applied towards payment of the mortgage dues. The sum realized was insufficient to liquidate the dues and on 9th March 1935, the petitioners obtained a personal decree for the balance of Ks. 586 odd. The personal decree was put into execution when the opposite parties got the execution case stayed by an application to the Debt Settlement Board. Thereafter, they applied for relief under Section 36, Bengal Money-lenders Act, on the ground that the interest payable under the mortgage was in excess of that allowed under Section 30 of the Act and also on the ground that by the dec...
Manager, Kasimbazar Raj Wards Estate Vs. Rakhal Das Tarafdar
Court: Kolkata
Decided on: Feb-04-1942
Reported in: AIR1943Cal99
1. (4th February 1942) The only point for determination in this appeal is whether the words 'for seven years thereafter' in Section 10C, Court of Wards Act, 1879, would be attracted to decrees which do not carry any interest. The contention of the appellant is that the words 'such decree' mean any decree irrespective of the question whether it is carrying interest or not. We are unable to accept this contention. Section 100 affects vested rights. A vested right can no doubt be touched by a statute but this must be done either by express words or by necessary intendment. The words 'if the interest due under such decree or order be paid in full every year during the said seven years' in our opinion, however, clearly indicate that the Legislature in the last part of Section 10C was not referring to all decrees but only to decrees which carry interest. Apparently, the Legislature thought that in eases of decrees carrying interest if interest be paid regularly no injustice will be done to t...
Kishorilal Marwari Vs. Adhar Chandra Banerjee and ors.
Court: Kolkata
Decided on: Feb-04-1942
Reported in: AIR1942Cal438
B.K. Mukherjea, J.1. The facts giving rise to this appeal may be shortly stated as follows : The property in dispute is a colliery known as the Ninga Colliery and it belonged originally to one Ganpat Marwari. Ganpat had four sons, namely, Shew-karan, Baijnath, Ramkumar and Thakursidas, and the father together with the four sons constituted a joint Hindu family governed by the Mitakshara law. Of these four sons Baijnath passed out of the family by adoption. Shewkaran also separated from the joint family sometime before the death of, Ganpat on taking a sum of Bs. 25,000 as the value of his share in the joint property. Thakursidas died in the lifetime of Ganpat leaving behind him a widow and a son named Ramjiban. After Thakursidas, Ganpat died and the latter was followed soon after by Ramkumar. At the time of Ramkumar's death which happened in 1919 the only male members of this joint family were Jagamohan and Kishori, the sons of Ramkumar and Ramjiban, the son of Thakursidas. Kishori is t...
In Re: Goods of Mrs. Lilian Singh (Otherwise Known as Mrs. Lila Singh)
Court: Kolkata
Decided on: Feb-02-1942
Reported in: AIR1943Cal19
ORDERSen, J.1. The facts leading to this application, briefly, are as follows : One Lila Sing, otherwise known as Lila Singh, died intestate on 30th July 1941, at Bhagalpur within the jurisdiction of the District Court of that district. She left behind certain property. The petitioner, Provabati Debi, and the respondent Ajit Mullick have both applied for letters of administration to the estate of the deceased. The petitioner has applied in the Court of the District Judge of Bhagalpur and the respondent in this Court. The petitioner is the daughter of Deep Narain Singh by his wife Ramanundi Debi. She alleges that Lila Singh was the second wife of Deep Narain Singh and claims to be the heiress of her step-mother. The respondent Ajit Mullick is the son of Lila Singh by her husband Sisir Kumar Mullick who divorced her. He claims to be the sole heir of his mother.2. The present application by Provabati Debi is for stay of the proceedings in this Court till the disposal of the proceedings in...
Joychand Seraogi and anr. Vs. Shyama Charan Nath and ors.
Court: Kolkata
Decided on: Feb-02-1942
Reported in: AIR1942Cal448
1. This is an appeal on behalf of the defendants and it arises out of a suit commenced by the plaintiffs for establishment of their title to a 2/3rds share of the property in suit and for recovery of possession to the extent of that share. There was a prayer for mesne profits also. The facts so far as they are material for our present purpose may be briefly stated as follows: According to the plaintiffs, the property in suit belonged to one Rakhaldas Boral who died sometime in 1295 B.S. leaving behind him one Nrltyakali Dasi as his sole heir under the Hindu law. Rakhaldas had considerable properties, both debutter and secular, and Nrityakali succeeded to these properties in the limited interest of a Hindu widow. In 1923 Nrityakali took an advance of a certain sum of money from the defendants appellants on a promissory note. In 1927 the defendants instituted a suit upon the promissory note and got a decree against Nrityakali herself. They wanted to have a declaration that the decretal d...
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