Kolkata Court January 1948 Judgments

The Municipal Commissioners Vs. Provakar Prosad Singh

Court: Kolkata

G.N. Das, J.1. This is an appeal by the defendant, Municipal Commissioners of North Barrackpur Municipality against an order of remand passed by Mr. K.C. Das Gupta learned District Judge Alipur, District 24 Parganas.2. The plaintiff's case is that he was a lessee of certain lands for a term of nine years from 12-2-1939, that on 27-2-1939 he applied for the grant of a licence under Section 370 (1)(ix), Bengal Municipal Act, 1932, for establishing a brick field on the said land. The defendant wrongfully, unjustly, maliciously and illegally refused the prayer and by a letter dated 25-3-1939 informed him of the fact of refusal. On 24-11-1939 the plaintiff filed a second application which was similarly, refused and the plaintiff was informed of the fact of refusal by a letter dated 14-12 1939. On 19 2-1941 the plaintiff filed another application which was refused on 15-2-1942 at a meeting of the Commissioners. The resolution was passed by the Chairman and his party maliciously giving certai...

Dr. Jaharlal Das Vs. Jitendra Nath Mandal and ors.

Court: Kolkata

R.C. Mitter, J.1. Touzis Nos. 355 and 394 of the twenty-four Pergunahs Collectorate were owned by a large number of proprietors, who in groups had opened a number of separate accounts. Separate accounts Nos. 4 and 5 of each of those touzis were opened in the names of Kumud Mondal group and Jugal Mondal group respectively, and separate account No. 18 of the first mentioned touzi and No. 19 of the last mentioned touzi were opened in the name of Radha Binode Mandal. Radha Binode is dead and his estate has vested in his executor, Dr. Jaharlal Dass, the appellant before us.2. In 1902 Radha Binode Mondal granted by the potta, Ex. 17, a permanent tenure of his share in the said two touzis, as recorded in the aforesaid two separate accounts Nos. 18 and 19, to Kumud and Jugal groups of proprietors. One of the terms of the potta is that the tenure-holders are to pay out of the reserved rent the revenue payable in the grantor's share to the Collector as it fell due and to pay the balance as munaf...

Bhupendra Kumar Dutt and ors. Vs. Shewdas Bilani and ors.

Court: Kolkata

Chakravartti, J.1. This appeal was heard and disposed of on 19th January last in the presrase of the minor respondent, but in the absence of the adults. The latter then made an application for vacating the judgment on the ground that their learned advocate had missed the case and had for that reason been unable to attend at the hearing. The application was allowed and the appeal has been reheard in the presence of all the parties.2. The only question involved is one under Section 48C, Bengal Tenancy Act, which arises out of the following facts. There was a raiyati holding: held by one Abdul Rouf and under that raiyati there was an under-raiyati held by one Kali Krishna Dhar. The subject-matter of the present suit is a portion of a big his appertaining to that under-raiyati. On the death of Abdul Rouf, his interest devolved upon the widow Joygun Bibi. On 15th August 1924 when Joygun Bibi was holding the raiyati, the heirs of Kali Krishna sold the entire under-raiyati, including the jhil...

Sm. Jadubala Dasi Vs. Upendra Nath Saha and ors.

Court: Kolkata

Lodge, J.1. This is an appeal against the judgment and decree of the Subordinate Judge of Malda granting probate of the will of one Jagalal Saha to the respondent Dhanapat Saha. The material facts briefly are as follows: Jagalal Saha, a Hindu governed by Dayabhag School of Hindu law, died on 28th Kartick, 1347 B.S. (the 14th November 1940). He had previously on 22nd Sravan 1346 B.S. (the 7th August 1939) executed and registered a will. Under the provisions of that will, Jagalal Saha directed that his eldest daughter, Rajmoni Dasi should receive Rs. 5 per year during her life time, and that the testator's brother's son Dhanpat Saha should pay this sum each year. The will further provided that certain specified properties be given to the second daughter, Srimati Jadubala Dassi and certain other specified properties be given to another daughter Sri Kamini Bala Dasi, and that certain specified properties be given to Surendra, son of still another daughter named Akali, There was then a prov...

In Re: Indian Companies Act Vii of 1913. Vs. in Re: Darjeeling Bank Lt ...

Court: Kolkata

ORDERS.R. Das, J.1. This application for winding up of the Darjeeling Bank Ltd. (hereinafter referred to as the company) has been brought on before me for directions in the following circumstances:2. The petitioner, Satis Chandra Bose, is a creditor of the company in respect of several sums due upon several accounts, namely Current Account, Savings Bank Account and Fixed Deposit Accounts. On 7-1-1947 the petitioner served on the company a notice, addressed to the General Manager, Darjeeling Bank, Ltd., 31, Ashutosh Mukherjee Road, which is the registered office of the company, demanding payment of Rs. 2250 out of his savings bank account and Rs. 414 out of his current account for which he had issued 2 cheques and threatening to take legal steps. On 7-1-1947 one of his fixed deposit accounts matured for payment and on the same day the petitioner served a similar notice demanding payment of the sum of Rs. 16,000 for principal and Rs. 400 for the interest due upon the said fixed deposit a...

Pashupati Roy and ors. Vs. Province of Bengal

Court: Kolkata

R.C. Mitter, J.1. An area of land recorded in settlement dags Nos. 519 and 521 of mouza Bhatapara in 24 Parganas was acquired under Rule 75(A), Defence of India Rules. Those lands were tenanted lands. The landlords are the petitioners before us and the tenants are Srijib Bhattacharjee and others. The Collector assessed the total compensation of the land so acquired at the figure of Rs. 10,886-11-7. He proposed to give out of this amount Rs. 10,845-8-0 to the tenants and Rs. 41-3-7 to the landlords. The landlords took up the position that the amount awarded to them out of the total compensation was not adequate compensation for their interest. They accordingly applied to the Collector to send the matter for arbitration. The material portions of their application to the Collector are as follows: After giving the number of the land acquisition case they say: 'In the matter of an application for apportionment of compensation.' Then in para 1 they say that an award under Section 19, Defence...

Ondi Boro Vs. Emperor

Court: Kolkata

ORDER1. This is a rule against an order of conviction under Section 19 (f), Arms Act, and a sentence of one year's rigorous imprisonment passed by a Magistrate of the First Class at Barpeta, Assam Valley Districts. The accused was arrested along with others in an outhouse of one Danki where some arms were found. He was tried along with others including Danki and he was the only one to be convicted. The main evidence to fix him with guilt and differentiate his case from that of the others was that he confessed to a Magistrate Mr. G. Phukan. When the case was tried the Magistrate who recorded the confession was examined on commission. Certain interrogatories and cross-interrogatories appear on record. Apparently, there was defect in the procedure of issue and moreover the cross-interrogatories were never sent at all. When the case came on appeal to the Sessions Judge he directed the issue of a fresh commission and Mr. Phukan was duly examined. We have not on the record what were the inte...

Sachindra Kumar Bose Vs. Raj Kumari Usha Prova De

Court: Kolkata

1. The decree-holder opposite party instituted a suit for money against the judgment-debtor petitioner in the Court of the Subordinate Judge at Jessore. That suit was ultimately decreed by this Court on appeal before August 1947. Before the appointed date namely 15th August 1947, the decree-holder applied to the Jessore Court for transmitting the decree for execution to 24-Parganas. Before the appointed date the order of transmission was made and the District Judge of 24-Parganas actually received the decree before the appointed date. Before the appointed date, an application for execution was made to the Subordinate Judge of 24-Parganas by the decree-holder. The judgment-debtor filed an objection under Section 47, Civil P.C. in that Court and that objection was decided by the Subordinate Judge against the judgment-debtor also before the appointed date. The miscellaneous appeal with which we are concerned was filed in this Court against the said order of the Subordinate Judge of 21-Par...

Sree Sing Vs. Panchu Sing and ors.

Court: Kolkata

Reported in: 1949CriLJ946

Harries, C.J.1. This is a petition for revision of an order of a learned Magistrate discharging the opposite parties against whom a criminal prosecution under Sections 448, 880 or 341, Penal Code had been started. The case against the opposite parties was that one of them had entered certain premises which admittedly he owned but which had been let to the complainant. According to the complainant, he was the tenant of a room in a be use owned by one of the opposite parties for which the eomplainanf paid Rs. 11 per month and had been tenant since the year 1943. According to the complainant he left for his home in the Punjab in February 1947 and on returning to Calcutta on 21st March 1947, he found the opposite parties in possession of his room, the padlock of the door having been broken and all his things stolen. The opposite parties would not permit the complainant to enter the room.2. It is clear that before the opposite parties entered this room, one of them made an application to a ...

Chitta Ranjan Guha and anr. Vs. M. Ameen

Court: Kolkata

ORDERChakravartti, J.1. The petitioner 1 before me, Ranjan Guha, is the Managing Director of a Bank, called the New National Bank limited and petitioner 2 N. Chakravarty, appsara to hold a multiplicity of offices, seeing that be describes himself as 'Director, Chief Controller and Chief Auditor' of the Bank. The present role is directed against an order of the learned Chief Presidency Magistrate, refusing to stay certain proceedings which the petitioners asked stayed on the ground that they were covered by a stay order passed by this Court on its Original. Side under Section 153 (5), Companies Act.2. The material facts are the following: On 20th May 1917, the New National Bank Limited made an application on the Original Side of this Court under Section 153, Companies Act and on the same day obtained a stay order from Edgley J. That order was in the following terms.And it is further ordered that until the final determination of this application or until the further order of this Court t...