Kolkata Court January 1945 Judgments
Tarapada Basu and ors. Vs. Mahendra Nath Biswas and ors.
Court: Kolkata
Decided on: Jan-31-1945
Reported in: AIR1945Cal264
Khundkar, J.1. This appeal has been beard at considerable length. The litigation which has led to it has had a long history, and the facts relating to the various stages of that history are somewhat complicated. The arguments addressed to us have been very elaborate, but, in the view, that we are constrained now to take, both the facts of the case and the arguments to which we have listened are capable of considerable simplification. The brief facts, in so far as they are material for the purpose of enabling us to dispose of this appeal, are as follows. Some time in the year 1932 one Sarat Bose obtained a money decree against Trailakya Chatterji. In the year 1933 some Chatterjees, including Trailakya Ohatterjee, obtained a rent decree against their tenants, the Ghoses, Neogis and Biswases. This rent decree was a composite one under Section 148A, Bengal Tenancy Act, the dues in Trailakya Chatterjee's share being about Rs. 1555 including costs. In execution of the decree which he bad obt...
Tag this Judgment!Mohammad Abdul Gani Fakir Vs. Mt. Kulsan Nessa Bibi and ors.
Court: Kolkata
Decided on: Jan-25-1945
Reported in: AIR1945Cal328
Khundkar, J.1. We have before us an application to set aside abatement in a second appeal and also the appeal itself. The facts out of which the application and the appeal arise, in so far as they are material, may be briefly stated. One Mohammad Golamuddin Fakir made a wakf of his properties. He had more than one wife. Mohammed Abdul Gani Fakir, the present appellant, was a son of the first wife, and one Kader Ali was one of the sons of Golamuddin Fakir's third wife. The wakf deed gave certain annuities to the sons and nephews of Golamuddin. It is said that included in the properties which were covered by the wakf were some properties which really belonged to Golamuddin's brother Majibuddin. After Golamuddin's death, Abdul Gani became the mutwalli in August 1924, Thereafter, there was litigation as a result of which some of the annuitants obtained decrees for arrears of their annuities against the mutwalli. In 1929 a Receiver was appointed in certain execution proceedings which were t...
Tag this Judgment!Sristhidhar Mandal Vs. Governor-general in Council
Court: Kolkata
Decided on: Jan-25-1945
Reported in: AIR1945Cal412
ORDERHenderson Mandal, J.1. This rule has been obtained by the plaintiff. He instituted the suit to recover compensation for non-delivery of certain goods which were consigned to opposite party 2 at Bankura station. The petitioner gave a notice which purported to be one under Section 77, Railways Act, to the Chief Commercial Manager of opposite party 3. He is the officer who is responsible for investigating claims and he did in fact investigate and deal with this claim. The learned Judge found that the petitioner has a good case but dismissed the suit, because the notice was not properly served within the meaning of Section 140, Railways Act. The law is certainly remarkable if a good claim is to be dismissed, because a notice is given to the officer whose duty it is to investigate it. The learned Judge found and it is not now disputed that the consignment was properly made over from the system of opposite party 2 to the system of opposite party 3. The defence of opposite party 3 was th...
Tag this Judgment!Jitendra Nath Sur and ors. Vs. Amarendra Nath Sur
Court: Kolkata
Decided on: Jan-24-1945
Reported in: AIR1945Cal458
B.K. Mukherjea, J. 1. This appeal is on behalf of the plaintiff and defendants 2 to 14 and it arises out of a suit for partition and accounts commenced by the plaintiff in respect of properties both moveable and immovable left by his father, one Surendra Nath Sur, who was a Hindu resident of Maniktala within the jurisdiction of the Alipore Court and died on 13th January 1935. It appears that Surendra, though not born of rich parents, did acquire considerable properties in his lifetime. He started his life as a maker of gold ornaments and then took to the more profitable business of purchasing and selling lands and houses and increased his wealth to a great extent by lending money at high rates of interest on pledge of ornaments and jewellery. He married three wives in succession. By his first wife he had an only son named Amarendra, who is defendant 1 in the suit and the sole respondent in this appeal. The second wife died soon after her marriage leaving a daughter named Bidyut Lata wh...
Tag this Judgment!Radha Benodini Debi Vs. Gagan Chandra Bhattacharjee and ors.
Court: Kolkata
Decided on: Jan-23-1945
Reported in: AIR1945Cal398
Henderson, J.1. This appeal is directed against an order staying an application filed by respondents 2 and 3 under Order 21, Rule 90, Civil P.C., in consequence of a notice served by a Debt Settlement Board under Section 34, Bengal Agricultural Debtors Act. Briefly, respondents 2 and 3 purchased one third share in the equity of redemption. They filed their application under Order 21, Rule 90 as long ago as 20th November 1941. Although they are Brahmins living in the town of Mymensingh, they then went to a Debt Settlement Board and I am told their case is still pending before it. Possible complications have been introduced in the case, because the appellant went on with the execution case against judgment-debtor 1, though the decree was a mortgage decree. In order to see whether it would be possible to have the matter finally settled, I directed that notice of this appeal should be given to the auction purchaser. The short question for consideration actually in the present appeal is whe...
Tag this Judgment!Birendra Mohan Maitra and anr. Vs. Rajshahi Co-operative Town Bank Ltd ...
Court: Kolkata
Decided on: Jan-23-1945
Reported in: AIR1945Cal400
B.K. Mukherjea, J.1. It seems to us that the view taken by the learned District Judge is perfectly sound, and this appeal should be dismissed. It appears from the record that a creditor of the appellant Birendra Mohan Maitra presented an application for adjudicating him insolvent in the Court of the District Judge at Rajshahi on 14th December 1938. On 16th December 1938, an interim receiver was appointed, but the subsequent orders show that the receiver was not allowed to take possession of the properties of the debtor, but he was directed only to make an inventory of certain properties. On 15th July 1939, the application for insolvency was dismissed by the District Judge. Against that an appeal was taken to this Court by the creditor. This appeal was allowed and the case was sent back and eventually the appellant was adjudicated insolvent on 21st April 1942. During these proceedings, it appears that the respondent bank in execution of a decree obtained against the appellant and a co-d...
Tag this Judgment!Anadinath Banerjee and ors. Vs. Annapurna Devi
Court: Kolkata
Decided on: Jan-22-1945
Reported in: AIR1945Cal306
Henderson, J. 1. This appeal is by the defendants. The question in dispute is whether the darpatni interest of the plaintiff has been annulled. The zemindar is the Maharajah of Burdwan. He obtained a rent decree against the patnidar and in execution thereof purchased the patni. He took proceedings to annul the darpatni of the plaintiff under Section 167, Ben. Ten, Act. The plaintiff's husband entered into negotiations for a settlement of the patni with his minor sons; but they eventually broke down and the patni has now been settled with the defendants. On an allegation that the defendants are attempting to realise rent from the tenants direct the plaintiff has been granted a permanent injunction restraining them from doing so. Four main points have been put forward by Mr. Chakrabarty in support of the appeal: (1) the darpatni was annulled by the proceedings taken under Section 167, Ben. Ten. Act; even if the notice was not in fact tendered to the plaintiff's husband the service was a ...
Tag this Judgment!Ekbal Ahmed Alias Nisar Ahmed and ors. Vs. Dr. Mahammad Maqsood Alias ...
Court: Kolkata
Decided on: Jan-17-1945
Reported in: AIR1945Cal384
B.K. Mukherjea, J.1. The appellants before us are two minor sons of one Khalil Ahmed who was an employee of the Darjeeling Himalayan Railway and they applied through their maternal grandmother for succession certificate in respect of the provident fund money lying to the credit of the deceased in the Railway Provident Fund. The application was opposed by one Maqsood who is a cousin of the deceased and his contention was that as Khalil Ahmed had during his lifetime appointed him his nominee with regard to the provident fund money, he was entitled to the same under Section 5(1), Provident Funds Act (19 of 1925), in preference to the natural heirs of the deceased. The learned Judge accepted, though not without some hesitation, the Contention of the opposite party, and dismissed the application for certificate. The applicants have come up on appeal to this Court. It is not disputed that at the time when Khalil Ahmed started his provident fund account, he sent to the Secretary of the fund t...
Tag this Judgment!Baroda Prosad Sukul Vs. Heirs of Banamali Roy, Durga Prosad Alias Jiba ...
Court: Kolkata
Decided on: Jan-15-1945
Reported in: AIR1945Cal320
Akram, J.1. This is a rule which arises out of the following facts. On 18th March 1919, the petitioner's father, Jnanada Prosad Sukul borrowed from Bonomali Roy predecessor-in-interest of the opposite party 1 to 4, a sum of Rs. 1900 at the rate of Rs. 19-8-0 per cent. per annum with yearly rests; on 19th August 1921, he again borrowed from the said Bonomali Roy a further sum of Rs. 2075 on the same terms; Jnanada died in January 1926 leaving behind him the petitioner and his brother, since deceased, as heirs under the Mitakshara School of Hindu law; as the petitioner was a minor at the time, the District Judge of Rajshahi in November 1926 appointed one Raghunath Sukul as common manager to the estate of the petitioner and his brother, and in January 1930 as guardian of the person and the property of the petitioner; certain payments by them amounting in all to Rs. 3226 were made towards the debts aforesaid and thereafter the said guardian as also the brother of the petitioner executed a ...
Tag this Judgment!Superintendent and Remembrancer of Legal Affairs Vs. Sayed Ishaq Ali
Court: Kolkata
Decided on: Jan-11-1945
Reported in: 1949CriLJ508
Ormond, J.1. This is an appeal on behalf of the Grown against an acquittal. In this case the accused was convicted by the trial Magistrate) and sentenced to a fine of rs. Co in default to suffer two weeks' rigorous imprisonment. He was thereafter acquitted by the Sessions Judge. It is from that acquittal by the Sessions Judge that the Grown now appeal. The accused is a. constable of the Calcutta Police. He was charged with 'wilful breach of orders of the Deputy Commissioner of Police, South, being a police-officer, to wit a constable of Alipore Thana, by refusing to go to the Police Training School when under suspension, vide D. 0. No. 1676 dated 16tb October 1943, on 4th November 1948, at about 11 A, m. which it was his duty as such police officer to obey.' The charge was under Section SB,. Calcutta Suburban Police Act, (Act (n [a] of 1866).2. The matter came before Mr. B. L, Roy,., Magistrate, 1st class, Alipore, on 8th November 1943. There were, for the size of the case, somewhat pr...
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