Kolkata Court February 1950 Judgments
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Mohanta Lal Das Vs. Monmohan Sarma and ors.
Court: Kolkata
Decided on: Feb-14-1950
Reported in: AIR1950Cal410
ORDERRoxburgh, J.1. This is a Rule against an order of acquittal in a case Under Section 448, Penal Code.2. The prosecution case was that the accused opposite party were three tenants, each in respect of one shop room in a building at Work, shop Road, Kanchrapara, paying a rental of Rs. 30/- per month. Behind these shop rooms, the complainant was constructing three other rooms. While the work was in progress and before it was complete, the complainant left during the Pujah holidays of 1948 fox a short while. On return he found that the opposite parties had broken open the padlocks of the three rooms under construction, removed a number of tools, some loose doorframes, bags of sand and other things kept inside the rooms and forcibly trespassed into the rooms. On the complainant asking them to vacate the rooms they abused him and threatened him with assault.3. The learned Magistrate has held that as the complainant was not at the time on the spot in actual physical possession of the room...
Manindra Nath De Vs. Man Singh
Court: Kolkata
Decided on: Feb-14-1950
Reported in: AIR1951Cal342
Sarkab, J.1. This is a suit by a landlord against a tenant for a decree for possession of a flat let out to the tenant, on the ground that the flat is bona fide required by the landlord for purposes of rebuilding. The landlord claims that he is entitled to the decree under proviso (f) to Section 11 (l), West Bengal Premises Rent Control Act (1948).2. The house in which the flat is situate was built in 1940 and has at present three storeys, in each of which there are two flats. The defendant is the tenant of the front flat on the second floor. The house has two staircases, the back one of which is meant for the use of the tenants and goes up to the second floor. The front staircase only goes from the ground floor front flat to the first floor front flat both of which flats are used by the landlord. The space in the second floor over this staircase is in the defendant's flat and is used by him as his kitchen. The house also has provision for fitting up a lift and the space meant for the ...
Benoy Krishna Mukerjee Vs. Mohanlal Goenka and ors.
Court: Kolkata
Decided on: Feb-10-1950
Reported in: AIR1950Cal287
Harries, C.J.1. This is an appeal from an order of a learned Subordinate Judge of Asansol, dismissing an application to set aside a sale. The application was made under Sections 47 and 151, Civil P. C.2. To appreciate the points in issue it will be necessary to state the facts in some detail.3. Nagarmull Rajgharia, now deceased, whose personal representative has been brought on the record as respondent in his stead, obtained a decree in Suit No. 1518 of 1923 on the Original Side of this Court. The decree was eventually transferred for execution by this Court to the Court of the Subordinate Judge at Asansol through the District Judge of Burdwan. A certificate of non-satisfaction under Section 41 Civil P. C., was sent by this Court which was transmitted to the Asansol Court. The decree-holder Nagarmull Rajgharia commenced Money Execution Case No. 296 of 1931 in the Court of the Subordinate Judge at Asansol, but that case was eventually dismissed for default on 27th February 1932. The Cou...
Aparnath Mukherjee Vs. Kanai Lal Chatterjee and ors.
Court: Kolkata
Decided on: Feb-10-1950
Reported in: AIR1950Cal300
G.N. Das, J.1. This appeal is by the plaintiff against a decision of out learned brother Sen J. The only question which has been canvassed before us on behalf of the appellant is a question of re judicata. The facts which bear on this question may be briefly stated as follows: Ramdhan, Panubala and Hiran Bala were co-sharer tenants of a holding, the share of Ramdhan being 8 annas and those of Panu and Hiran Bala 4 as. each. In March 1940 Ramdhan sold his 8 annas share to the plaintiff stating that the holding which was sold was an occupancy holding. The other co-sharers Panu Bala and Hiran Bala thereupon made an application for preemption under Section 26F, Bengal Tenancy Act as amended in 1938 (hereinafter called the Act). The plaintiff who was the opposite party in the pre-emption proceedings disputed the claim of the pre-emptors inter alia on the ground that the holding in question was a mokrari mourashi holding and that pre-emption under Section 26F, Bengal Tenancy Act could not be...
Ashutosh Bhattacharjee Vs. Satindra Kumar Choudhury and anr.
Court: Kolkata
Decided on: Feb-09-1950
Reported in: AIR1950Cal296,54CWN380
Roxburgh, J.1. This is a reference under Section 5, Court-fees Act. The appellant; in this case obtained a decree for specific performance of a contract of sale of some immovable property, valuing the suit at Rs. 75,000. The lower Court directed that the parties would bear their own costs. The appeal to this Court relates only to the order which in effect deprives the appellant of the cost which he would ordinarily expect to receive. The memorandum of appeal was filed with a court-fee stamp of Rs. 2 only. The Stamp Reporter demanded an ad valorem court fee on the amount of costs. The matter was placed before the Taxing Officer and has now been referred to me for decision.2. Two decisions of this Court relating to the matter of court-fees chargeable in respect of costs are referred to in the reference by the Taxing Officer, viz., a decision of Nasim Ali J. in the case of F. A. T. No. 2488 of 1937 (Kshirode Chandra Sen v. SM. Bhagbati Dasi) and a decision of Chatterjea J. in the case of ...
Midnapore Zemindary Co. Ltd. Vs. Naba Kumar Singh Dudhoria and ors.
Court: Kolkata
Decided on: Feb-09-1950
Reported in: AIR1950Cal298
G.N. Das., J.1. This appeal is at the instance of the defendant in a suit for recovery of arrears of rent limited in the course of the trial to a claim for the year 1344 B. S. The facts are not in controversy and may be briefly stated as follows: The defendant held a putni taluk in respect of lands appertaining to touzi No. 523 under the plaintiffs. In the year 1914 the lands which are the subject-matter of this suit for rent accreted to the parent touzi No. 523 and were formed into a temporary settled estate bearing touzi No. 3653. In the record of rights finally published under part II chap. X, Bengal Tenancy Act a sum of Rs. 1028-2-0 was settled as the rent payable in respect of the accreted lands. Two suits for rent were instituted by the plaintiffs for recovery of rent for two successive periods, namely 1328 to 1331 B. S. and 1332 to 1335 B. S. These suits for rent were ultimately dismissed by this Court in second appeal on the ground that no additional rent was payable in respect...
Krishna Chandra Das Vs. Lakshmi Narayan Das and ors.
Court: Kolkata
Decided on: Feb-09-1950
Reported in: AIR1950Cal434,54CWN496
Roxburgh, J.1. This is a reference under Section 5, Court-fees Act, arising out of an appeal against an order in land acquisition proceedings. The property acquired was debottar property. The Collector awarded compensation of Rs. 32,175-9 in favour of the appellant Krishna Chandra Das as representing the deity in his capacity as executor to the estate of Madhusudan Das. There were three apportionment cases before the Special Land Acquisition Judge of Alipur. They were tried together and the learned Judge has directed that the entire compensation should be awarded to Lakhinarain Das representing the deity in his character as shebait. Against this Krishna Chandra Das has preferred an appeal paying the court-fee stamp of Rs. 15 on the ground that the Subject matter of the appeal cannot be possibly estimated at a money value. The stamp reporter has objected to this and has claimed an ad valorem court-fee of Rs. 1590 on the amount of compensation awarded by the Collector. 2. The cases (sic)...
B.N. Roy Vs. Shyam Sundar Sadhukhan
Court: Kolkata
Decided on: Feb-08-1950
Reported in: AIR1950Cal303
Sen, J.1. This Rule was obtained against an order acquitting the opposite party Sham Sundar Sadhukhan of a charge under Section 6 (1), Bengal Food Adulteration Act. The order of acquittal was passed by Jonab S. M. A. Meerza, Magistrate, 1st Class, Serampore. Against this order an application was made to the District Magistrate and it was rejected. The Health Officer of the Serampore Municipality then moved this Court and obtained this Rule against the order of acquittal.2. The case is of a very simple nature and we are of opinion that the order of acquittal cannot stand. The accused has a shop in New Gate Street, Serampore, where he sells mustard oil. Samples of mustard oil exposed for sale in this shop were taken and sent to the Public Analyst. He has made a report which is Ex. 2. Therein it is stated inter alia that argemone oil was present in the sample. Upon this report being furnished the present prosecution was started.3. The learned Magistrate acquitted the accused on grounds st...
Shaikh Mongal Vs. Pure Dishargarh Colliery Co. and ors.
Court: Kolkata
Decided on: Feb-08-1950
Reported in: AIR1950Cal328
Lahiri, J. 1. This is an appeal by the unsuccessful plaintiff in a suit for recovery of damages and mesne profits for mischief and wrong done to his land by the defendants. The plaintiff's case in the plaint is that under defendant 3, Apear Collieries Limited, who are the taluqdars of mouza Sitarampur, the plaintiff is an occupancy raiyat in respect of 14 plots of land enumerated in the plaint. Defendant 3 gave a mining lease of the under-ground rights to defendant 2, New Birbhum Coal Company Limited and defendant 2 in its turn granted a sub-lease in favour of defendant 1 Pare Dishargarh Colliery Company. The plain-tiff's case is that the defendants for the purpose of carrying on their colliery work erected a bungalow on one of the plots, laid tram lines on other plots, for the purpose of carrying coal and made roads by throwing cinders. The plaintiff further alleges that the defendants carried on their mining operations in such a way as to cause subsidence of one of the plots. The pla...
Ram Kumar Shaw Vs. Bhatpara Municipality
Court: Kolkata
Decided on: Feb-07-1950
Reported in: AIR1951Cal311
K.C. Chunder, J.1. This is a petition in revision by one Ram Kumar Shaw who was ordered by the Sub-Divisional Magistrate of Barrackpore to demolish a goomti which was said to have been erected on municipal land without necessary sanction. The contention of the Municipality was that this goomti was raised within six months. A previous smaller goomti having -been raised the Municipality directed the petitioner to remove the same and he complied with that order but subsequently he put up this goomti where he was, it seems, carrying on a shop. This was a larger goomti. The petitioner's contention was that this was the previous goomti referred to by the Municipality which was still in existence and the previous goomti existed more than six months before the application by the Municipality to the Magistrate, the Municipality could not ask the Magistrate to pass an order of demolition. As a fact the Magistrate held on the evidence that there was previously a smaller goomti more than six month...
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