Kolkata Court March 1944 Judgments
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Tirthabala Dasi W/O Sangliram Vs. Srila Srijukta Uday Chand Mahtab and ...
Court: Kolkata
Decided on: Mar-16-1944
Reported in: AIR1948Cal222
1. This appeal is in a rent suit which the Maharaja of Burdwan instituted against the appellant for the years 1345 to 1348 B.S. in respect of a patni tenure lot Radhanagar. The plea that the tenant took was a plea of total suspension of rent by reason of the disturbance of her possession by the landlord. The learned Subordinate Judge gave effect to the plea and dismissed the suit. On appeal, the learned District Judge has held that the tenant is not entitled to total suspension of rent, but she was only entitled to proportionate abatement. The tenant has preferred this appeal and the landlord, the Maharaja of Burdwan, has filed a memorandum of cross objection. The tenant's contention in the appeal is that the judgment of the learned Subordinate Judge ought to be restored. The landlord's contention in support of the memorandum of cross objection is that the suit ought to have been decreed in full.2. The patni originally belonged to Sangliram Panja and his co-sharers. In execution of a m...
Durga Das Pan and ors. Vs. Santosh Kumar Pan Minor Represented by Sm. ...
Court: Kolkata
Decided on: Mar-14-1944
Reported in: AIR1944Cal428
1. Mahendra Nath Pan had two sons, Krishnadhone and Durgadas. Krishna dhone married twice. By his first wife he had a son Kamalakanta and a daughter Uma Sundari and by his second wife, Nivarani, he had a son Bimalakanta. Uma Sundari has been married to Benoy Krishna Ghosh, and Santosh, the plaintiff in the suit, is their son. Krishnadhone died intestate on 6th October 1931 leaving him surviving his two minor sons Kamalakanta and Bimalakanta and his father Mohendra. In 1982 on his own application Mohendra was appointed guardian of the person and property of the said two minor sons of Krishnadhone by the District Judge of Howrah. On 14th August 1933 he as guardian of the said two minors joined in the execution of two documents-Ex. 9, a daed of partnership, and Ex. 10, a deed of relin quishment. The first mentioned document was executed by Jotindra Mohan Mondal as first party, by his son Durgadas Pan as second party and by himself as guardian of Kamala Kanta and Bimala Kanta as third part...
Brojendra Kishore Vs. Governor-general in Council
Court: Kolkata
Decided on: Mar-14-1944
Reported in: AIR1944Cal315
1. The river Jhinai is a natural stream which rises from the river Brahmaputra and falls into the river Yamuna, which is another name for the main branch of the river Brahmaputra. In the past it was navigable throughout the year but lately on account of the formation of a sand bank near its confluence with the river Brahmaputra and by reason of its bed becoming higher in level by deposit of sand and earth it is almost dry for three or four months but is nevigable during the remaining eight or nine months of the year. It is admitted, and that is also the finding of the Courts below, that the predecessors-in-interest of defendants 1 to 5 the contesting defendants had a several fishery in the river Jhinai, which was a public navigable river, the bed whereof belonged to the Crown. Whether their fishery right in the waters of the said river now exist or not by reason of the river ceasing to be nevigable throughout the year is one of the questions in the appeal. For carrying the railway line...
Corporation of Foreign Bondholders Vs. Inland Revenue Commissioners.
Court: Kolkata
Decided on: Mar-09-1944
Reported in: [1945]13ITR11(Cal)
MACNAGHTEN, J. - In this case the Corporation of Foreign Bondholders, which was constituted in 1898 by a private Act of Parliament (61 & 62 Vict. c. 49), appeals from a decision of the Special Commissioners rejecting its claim for exemption from income tax under the provisions of Section 37 (1) (b) of the Income Tax Act, 1918, which provides that exemption shall be granted from tax' in respect of any yearly interest or other annual payment forming part of the income of any body of persons, established for charitable purposes only, and so far as the same are applied to charitable purposes only.'In 1868 a number of gentlemen in the City of London formed a voluntary association to protect the rights of foreign bondholders, and in 1873 this association was converted into a company limited by guarantee with the name of the Corporation of Foreign Bondholders. The private Act which constituted the appellant, dissolved that company and transferred its assets, which were considerable, to the ap...
Gaziram Bania Vs. Emperor
Court: Kolkata
Decided on: Mar-03-1944
Reported in: AIR1947Cal40
ORDERHenderson, J.1. This is a Rule calling upon the District Magistrate of 24 parganas to show cause why the conviction of the petitioner under Section 33A of Act II of 1866 should not be set aside. There seems to be a certain amount of misunderstanding in connection with this matter. The learned Magistrate in his judgment said that the only point for determination was whether there is reason to believe that the properties are stolen and the accused has failed to account for his possession of the properties. There are of course two things to be proved: first of all the prosecution must satisfy the Magistrate that there is reason to believe that the property has been stolen. If the prosecution establish this the accused must account for his possession to the satisfaction of the Magistrate.2. Here the only thing found is that the explanation of the accused was unsatisfactory. This is obviously insufficient. It is not, however, surprising because I have been through the evidence and ther...
Abdus Salam Vs. Haji Abdul Aziz
Court: Kolkata
Decided on: Mar-01-1944
Reported in: AIR1944Cal299
ORDER1. Md. Hatim Choudhury of village Batarashi executed a deed of wakf on 6th Kartic 1328 B.S. At the time of the execution of the deed of wakf his only son Taiyab Ali had disappeared and there was no news about his whereabouts. Under the deed of wakf, he appointed his relation Khan Sahib Abdul Salam Choudhury as the first mutwalli subject to a, condition. The condition was that on the return of his son the latter was to be the mutwalli in the place of Khan Sahib Abdus Salam Choudhury but if he showed signs of abnormality, the Khan Sahib was to continue to be in charge of the management of the wakf properties. After the death of the wakif Md. Hatim Choudhury, Taiyab Ali returned. He was a normal man with the result that the Khan Sahib made over possession of the wakf properties to him. Thereafter, Taiyab Ali died leaving a minor son Mukammil Ali. According to the terms of the wakfnama, Mukammil Ali became the demure mutwalli in the contingency that had happened. In 1939, Taiyab Ali's...
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