Kolkata Court July 1942 Judgments
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Dharendra Krishna Mukherji and anr. Vs. Nihar Ganguly and ors.
Court: Kolkata
Decided on: Jul-06-1942
Reported in: AIR1943Cal266
Nasim Ali, J.1. These two appeals are against two decrees of the Subordinate Judge of Hooghly dismissing two suits instituted by the appellants in the First Court of the Subordinate Judge at Hooghly for the re-versal of sales of two Patni Taluks, viz., Lot Rampura and Lot Haripur in the district of Hooghly under the Bengal Patni Taluk Regulations of 1819. The material provisions of the Patni Regulations are these:Section 8. First - Zamindars, that is, proprietors under direct engagements with the Crown, shall be entitled to apply in the manner following for periodical sales, of any tenures upon which the right of gelling or bringing to sale for an arrear of rent may have been specially reserved by stipulation in the engagements interchanged on the creation of the tenure.Second - On the first day of Baisakh, that is, at the commencement of the following year from that of which the rent is due, the zamindar shall present a petition...to the Collector, containing a specification of any ba...
J.H. Zeissen and Co. Ltd., Represented by Official Liquidator, Malay K ...
Court: Kolkata
Decided on: Jul-03-1942
Reported in: AIR1943Cal534
R.C. Mitter, J.1. The question in this appeal is whether the conveyance (EX. 3) executed by one Profulla Kumar Dass, in favour of his father-in-law, Satya Charan Dass, on 23rd November 1937, on an alleged consideration of Rs. 13,000 represents a genuine or a fictitious transaction. I may at once say that it represents a sham transaction which was got up with a design to defeat the claim of the appellant company. Profulla Kumar Dass held a large number of shares in the aforesaid Company which were not fully paid up shares. The company went into liquidation sometime in 1930 and in due course the official liquidator entered Profulla's name in the list of contributories. On his application, this Court made an order against Profulla for the payment of Rs. 66,000 on 30th April 1934. For convenience I will call this order a decree. This order was first put in execution against Profulla in this Court and, in the proper Court at Alipore, with the result 0 that a small amount was realised betwee...
Sachirani Biswas W/O Charu Chandra Biswas Vs. Nagendra Nath Nath S/O B ...
Court: Kolkata
Decided on: Jul-02-1942
Reported in: AIR1942Cal552
ORDERHenderson, J.1. This rule has been obtained by the defendant and is directed against an order of the Munsif refusing to stay a suit on receipt of a notice under Section 34, Bengal Agricultural Debtors Act. The suit is one for a declaration of the plaintiff's title and recovery of possession. The title is based upon an alleged sale by the petitioner. The main defence of the petitioner is that the transaction was really a mortgage. Of course if it was a mortgage there is a debt and the petitioner has approached a Debt Settlement Board for settlement of this debt. Before the jurisdiction of the ordinary Courts is excluded, there must be something definite to this effect. I have not been able to find anything in the Act which would prevent the Court from deciding whether the plaintiff has title to the disputed land and ought to be put in possession of it.2. Mr. De relied upon Sections 33 and 34. Section 33 prevents the Court from proceeding with any suit in respect of a debt which is ...
Maharaja Sashi Kanta Acharjya Bahadur Vs. Nayjan Bewa W/O Anu Sheikh a ...
Court: Kolkata
Decided on: Jul-02-1942
Reported in: AIR1942Cal611
Pal, J.1. This is an appeal by defendant 1 in a suit for confirmation of possession upon declaration of the plaintiff's title to suit land to the extent of seven annas and odd gandas share. Admittedly the suit land appertained to the jute of one Karim Sheik under defendant 1. Karim died in April 1927 leaving behind three sons, five daughters and a widow, Moson Bewai After his death one of his daughters died ; then died the widow Moson Bewa in 1933; and lastly another daughter died in the same year; Plaintiffs 1 to 3 are the surviving daughters ; plaintiffs 4 to 7 are the heirs of the deceased daughters. There is no dispute that as the result of the several successive deaths narrated in the plaint the plaintiffs' share in the estate left by Karim would amount to -7-3-1 1/11 kara. The case of the plaintiffs is that on the death of Karim Sheikh all his heirs were recorded as tenants in the place of Karim in respect of the holding in dispute in the present suit ; but that the landlord defe...
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