Kolkata Court March 1943 Judgments
In the Matter of Lovejoy Patell and anr.
Court: Kolkata
Decided on: Mar-31-1943
Reported in: AIR1944Cal433
ORDERDas, J.1. On 8th March 1943 a petition was presented before me by Mr. Barwell on behalf of one Clarice Grace Raha described therein as a single woman and a medical practitioner residing at No. 32/13A, Beadon Street in the town of Calcutta within the jurisdiction of this Court. By the petition the applicant prays for an Order appointing her the guardian of the persons of two minors Lovejoy Patell and Saleem Patell, alternatively for an Order giving her the custody of them till they shall respectively attain the age of 21 years and for certain other incidental reliefs. On Mr. Barwell's application made at the time of the presentation of this petition, I granted an ad interim injunction in terms of prayer (6) of the petition restraining Yacoob Patell and Zainab Patell the father and mother respectively of the minors from removing the minors from their present residence at No. 11/1, Circus Avenue, Calcutta and fixed 15th March 1943 for the hearing of the application and directed notic...
Tag this Judgment!Panchu Sheikh Vs. Emperor
Court: Kolkata
Decided on: Mar-31-1943
Reported in: AIR1943Cal612
Sen, J.1. The four petitioners have been convicted of having committed theft with respect to some slabs of marble and sentenced by the trial Court to undergo rigorous imprisonment for three months. On appeal the conviction was upheld but the sentence was reduced to one of rigorous imprisonment for a term of two months. The evidence against the accused may be divided broadly into two parts. One part consists of the evidence of persons who alleged that they saw the accused persons committing theft and the other part consists of the evidence of witnesses who say that three of the petitioners, namely, Tamijuddin, Asthir Mondal and Anesuddin Mondal, confessed their guilt and implicated Panchu Sheik.2. As regards the alleged confession, we are of opinion that it is not admissible. The evidence has been recorded in a slipshod and perfunctory manner, and the only reasonable conclusion which we can draw from the evidence as it stands is that the confession was made when the accused persons were...
Tag this Judgment!C.J. Brace and ors. Vs. Union Board
Court: Kolkata
Decided on: Mar-30-1943
Reported in: AIR1943Cal442
B.K. Mukherjea, J.1. These six analogous rules have been obtained under Section 25, Provincial Small Cause Courts Act, by different petitioners, who were defendants in six analogous suits commenced by the Union Board of Lilooah, which is the opposite party in all these rules, in the Court of the Second Munsif of Howrah exercising Small Cause Court powers for recovery of union rates under the provisions of the Bengal Village Self-Government Act.2. The petitioners are all employees of the East Indian Rilway and they reside in the railway quarters at Mouza Bamungachi within the jurisdiction of the Lilooah Union Board. The Union Board assessed each one of them to union rate as occupiers of buildings within the union under Section 37, Bengal Village Self-Government Act. On their failure to pay the rates these suits were instituted. The defence of the defendants in the several suits was identically the same. It was contended on their behalf that they were servants of the East Indian Railway ...
Tag this Judgment!Rani Prova Roy W/O Babu Kshirode Gopal Roy Vs. Subhash Chandra Biswas
Court: Kolkata
Decided on: Mar-29-1943
Reported in: AIR1944Cal112
Henderson, J.1. This appeal is by the plaintiff and raises the question of the interpretation of the word 'occupiers' in Section 37, Bengal Village Self-Government Act. Both the plaintiff and her husband have been separately assessed on account of a certain building within the Union. Both of them instituted suits to challenge the assessment. No appeal has been preferred against the decree of the learned Munsif in the husband's suit.2. There is now-no dispute as to the facts: The plaintiff is a cosharer with her husband in a certain zemindary. The baitakkhana of the building in question is used as an office by the gomosta. On these facts, it has been held that the plaintiff is an occupier of the building. If I have correctly understood the judgment of the learned Munsif, he held that an occupier must be something higher than a licensee, but that the plaintiff was so. The learned Subordinate Judge on the other hand, held that a mere licensee would be an occupier. The term has not been de...
Tag this Judgment!Rabindra Chandra Ghose and ors. Vs. on Death of Surendra Chandra Ghose ...
Court: Kolkata
Decided on: Mar-26-1943
Reported in: AIR1945Cal129
1. These two appeals are by the plaintiffs in two suits for the recovery of arrears of rent of a tenure for two different periods. F.A. NO. 84 of 1941 arises out of the Rent Suit No. 4 of 1939 of the Court of the Subordinate Judge, 24 Parganas for the arrears of the last three Kists of 1342 B.S. by the four sons of the late Sir Charu Chandra Ghosh. F.A. No. 85 of 1941 arises out of the Rent Suit No. 5 of 1939 of the same Court for the arrears of the years 1343, 1344 and 1345 B.S. by the eldest son only as in the meantime by a partition amongst the brothers he alone became the proprietor of the relevant estates. The tenure in question is in respect of the lands of the two Estates bearing Touzi Nos. 1490 and 1491 of the 24 parganas Collectorate. These are temporarily settled estates in the Sunderbans. It appears that these estates were at first settled in perpetuity in 1834 by the Potta NO. 74 of 1st September 1834, corresponding to 17th Bhadra 1241 B.S. Sunderban Grant Rules were revise...
Tag this Judgment!Sk. Fannu S/O Yannus Vs. Ali Mia S/O Sachee Bepari
Court: Kolkata
Decided on: Mar-26-1943
Reported in: AIR1943Cal464
B.K. Mukherjee, J.1. The opposite party in this rule instituted a suit against the petitioner for recovery of house rent and damages in the Court of the Sixth Munsif at Dacca, and the suit was registered as small cause court Suit No. 312 of 1940. When the suit came up for hearing, the trying Munsif was of opinion that it would be necessary to consider certain questions of title relating to immovable property for the purpose of giving relief to the plaintiff, and he returned the plaint under Section 23, Provincial Small Cause Courts Act, with a direction to file it in the proper Court where the question of title could be decided. The plaint was thereupon re-filed in the Court of the Second Munsif at Dacca and was registered as Money Suit No. 123 of 1940. The suit was heard as a money suit in the ordinary way and the Court made a decree in favour of the plaintiff on 8th June 1942, the entire claim for rents and damages made by the plaintiff being allowed.2. Against this decision, the pet...
Tag this Judgment!Ballavdas Agarwalla Vs. C.B.L. Bhatnagar
Court: Kolkata
Decided on: Mar-24-1943
Reported in: AIR1943Cal478
Edgley, J.1. This rule is directed against the order of Mr. K.C. Som, a Magistrate with first class powers at Howrah, whereby he acquitted the opposite party in respect of a charge under Section 500, Penal Code. It appears that the opposite party Mr. C.B.L. Bhatnagar is the editor of a newspaper called 'Musafir' and it was alleged that, in the issue of that paper which appeared on 24th November 1940, an article was published which contained a number of statements defamatory to the complainant. A complaint was filed by the petitioner on 17th December 1940, and after the issue of process the opposite party was duly placed on his trial, but was acquitted on 1st June 1942 on a finding to the effect thatthe accused was not actuated by any malice, hatred or jealousy against complainant with a view to defame him, but what he did was for the benefit of at least one section of the travelling public.2. In the first place, it may be mentioned that we do not think that the proper procedure was ado...
Tag this Judgment!Nripendra Chandra Saha Choudhury and ors. Vs. Md. Abbas Ali and ors.
Court: Kolkata
Decided on: Mar-23-1943
Reported in: AIR1944Cal113
Mitter, J.1. These two appeals, the first by the mortgagees and the second by the mortgagors, arise in a suit to enforce a mortgage dated 3rd March 1917. The suit was instituted on 23rd December 1929 for the sum of Rs. 11,197, which represented the principal, as stated in the mortgage bond, and interest calculated up to the date of the institution of the suit at the rate provided for in the mortgage bond. The preliminary decree was passed on 9th July 1930 and the final decree on 8th November 1930, for a sum of Rs. 12,818-4-0, which included Rs. 1124-6-0 awarded as costs. There were some infructuous applications for execution. The last application for execution in the course of which the questions involved in these appeals arose, was made on 27th January 1937. This application was stayed for a time by the Debt Settlement Board, but ultimately the stay lapsed, as the debtors' application to the board made under Section 8, Bengal Agricultural Debtors Act was dismissed. This application fo...
Tag this Judgment!Narayan Chandra Laik and ors. Vs. New Birbhum Coal Co. Ltd.
Court: Kolkata
Decided on: Mar-23-1943
Reported in: AIR1944Cal432
B.K. Mukherjea, J.1. On hearing the learned advocates for the parties, it seems to us that the appellants who are sought to be substituted as heirs of the deceased Ashutosh Laik, insolvent, are neither proper nor necessary parties to the execution proceedings. The deceased Ashutosh Laik was adjudicated an insolvent under the Presidency Towns Insolvency Act on 2nd February 1934, and all his properties vested in the Official Assignee. On 15th March 1938, the decree-holders respondents obtained from this Court in its insol vency jurisdiction permission to proceed in execution against the properties of the insol. vent in the hands of the Official Assignee. In pursuance of this permission, execution proceedings were started, and pending these proceedings, Ashutosh Laik died. The heirs including his three sons and his wife do not claim any interest in these properties as heirs of the insolvent. The widow claims certain interest as an under-tenure holder by a deed which was executed several y...
Tag this Judgment!Gour Chand Mullick Vs. Pradyumna Kumar Mullick and anr.
Court: Kolkata
Decided on: Mar-22-1943
Reported in: AIR1945Cal6
ORDERDas, J.1. The suit in which the present application has been made was filed in 1937 by the plaintiff against the defendant, Pradyumna alone on a mortgage by deposit of title deeds praying for an account and sale of the mortgaged properties and other incidental reliefs. The sum secured was Rs. 79,273-14-0 with interest thereon. How this odd sum was arrived at does not appear from the papers before me. It may be, and this is only a surmise, that it was arrived at as a result of adjustment of previous dealings. The rate of interest agreed upon between the parties was 9 per cent, per annum which is in excess of the rate which has since been specified in the Bengal Money-Lenders Act 1940. The mortgaged properties were 2A Nanda Lal Mullick Lane, portion of 64A Upper Chitpur Road, (which may; be hereafter called Calcutta properties) and Premises Nos. 10/1, 11, 11/1-, 11/2, 11/3, 11/4 and 11/5 Cossipore Road which may hereafter be collectively called the Cossipore properties. Shortly afte...
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