Kolkata Court August 1946 Judgments
Sm. Karunamoyee Debi Vs. Sm. Maya Moyi Debi and ors.
Court: Kolkata
Decided on: Aug-26-1946
Reported in: AIR1948Cal84
1. This appeal arises out of a suit brought by the appellant, Karunamoyee Debi to obtain a declaration that a deed of surrender executed by her and by her sister Mayamoyee Debi, defendant 2, on 2nd Baisakh 1343 B.S., corresponding to 15 4-1936, in favour of her son Mahadeb (defendant 1) and defendants 3 to 6 the sons of defendant 2, should be set aside, and that the estate left by her father, the late Bhabadeb Chatterjee, should be partitioned between her and her sister Mayamoyee. There was an alternative prayer that if the deed of surrender could not be set aside or the estate partitioned the plaintiff might be given maintenance at the rate of Rs. 100 per month charged on all the properties left by her father. By a subsequent application, a claim for right of residence in the residential house of Bhabadeb Chatterjee at Burdwan was included in the plaint.2. The main facts of the case are not disputed and are as follows: Bhabadeb Chatterjee, father of the plaintiff, died on 14-8-1935, l...
Tag this Judgment!Mati Lal Shah Vs. Chandra Kanta Sarkar and ors.
Court: Kolkata
Decided on: Aug-14-1946
Reported in: AIR1947Cal1
Chakravartti, J.1. This rule was issued by Henderson J., sitting singly, who directed it to be heard by a Division Bench. It came up for hearing before a Division Bench, constituted of Khundkar and Biswas JJ., who thought that in view of the importance of the question involved, it ought to be heard by a Special Bench. Accordingly, on their requisition, the present Special Bench was constituted by the Chief Justice under the provisions of Chap. 2, Rule 1, proviso (ii), Appellate Side Rules. Since the case involves a question of law as to the interpretation of the Government of India Act, 1935, which concerns the Provincial Government, notice was directed to be given to the Advocate-General of Bengal under Order 27A, Rules 1 and 4, Civil P.C., and the Advocate-General appeared before us by Mr. Lahiri.2. It is not necessary to re-state the facts which have been stated in sufficient detail in the order recorded by the Division Bench. In substance, the position is that a decree, passed by t...
Tag this Judgment!Keshab Lal Rudra and anr. Vs. Ivarani Rudra W/O Jiban Krishna Rudra
Court: Kolkata
Decided on: Aug-09-1946
Reported in: AIR1947Cal176
Edgley, J.1. In the suit out of which this appeal arises the plaintiffs who are the minor sons of Jiban Krishna Rudra, a subscriber to the Contributory Provident Fund (Bengal), sued for a declaration to the effect that they were entitled to a three-fourths share of the Provident Fund money standing to the credit of their deceased father, while their step-mother, Ivarani Rudra was entitled only to a life interest in a one-fourth share of that money.2. Jiban Krishna Rudra was employed as a copyist in the office of the District Judge at Dacca, and during his lifetime he made a nomination in accordance with Rule 5, Contributory Provident Fund Rules, whereby he appointed his wife, Ivarani as his sole nominee and thereby conferred upon her the right to receive the amount which might stand to his credit in the Fund in the event of his death. The nomination was in the following form:FIRST SCHEDULE(Rule 5(2))Form of Nomination when Subscriber has a Family. I hereby direct that the amount at my ...
Tag this Judgment!Ram Kumar Sarogi Vs. Babulal Goenka
Court: Kolkata
Decided on: Aug-08-1946
Reported in: AIR1947Cal339
ORDERLodge, J.1. This rule was issued on the Chief Presidency Magistrate of Calcutta to show cause why the conviction and sentence under Section 40, Electricity Act, should not be set aside.2. The facts found by the learned Magistrate are that the complainant is a tenant, in respect of a certain room, of the wife of the accused. The rent of the room was gradually raised from Rs. 9-8 to Rs. 14 per month. When the landlord demanded further enhancement, the tenant refused to pay and relations became strained. Thereafter on some date the accused cut the electric supply line for the room occupied by the tenant. It should be remembered that the case for the tenant which has been accepted by the learned Magistrate is that it was the landlord who was the consumer so far as the Electric Supply Co. was concerned and it was the landlord who had an arrangement with the Electric Supply Co. to receive and to pay for the electricity. The rent charged to the tenant included the supply of electricity. ...
Tag this Judgment!Mahendra Nath Sardar and ors. Vs. Kali Pada Haldar and ors.
Court: Kolkata
Decided on: Aug-01-1946
Reported in: AIR1947Cal249
Chakravartti, J.1. This appeal, which is by the plaintiffs in a mortgage suit, raises two questions of law, both of which are of some interest and importance. The course by which the litigation has come to involve these points has been somewhat devious.2. The material facts are as follows : On 21st chaitra 1329, B.S., corresponding to 7-3-1923, one Baruni Dasi, acting for herself and her two minor sons, borrowed a sum of Rs. 1400 from the plaintiffs on executing in their favour a possessory mortgage of certain lands. It was stipulated in the deed that the mortgagees would hold and enjoy the land in lieu of interest, but if the mortgagors failed to repay the loan by the end of the Bengali year 1339, the mortgage would be treated as an absolute transfer. No payment was made within the time fixed and the mortgagees continued to possess the lands. On 21-12-1938, the mortgagors made an application under Section 26G(5), Ben. Ten. Act, before the 3rd Subordinate Judge, Alipore, for restoratio...
Tag this Judgment!- ‹ Prev
- Next ›