Kolkata Court March 1950 Judgments
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Ashutosh Chakravarty Vs. Md. Yad Hossain
Court: Kolkata
Decided on: Mar-10-1950
Reported in: AIR1950Cal430
Roxburgh, J.1. The defendant is the appellant. He was elected President of the Moregran Union Board under the provisions of Section 9 of Act X [10] of 1947 which amended the Bengal Village Self-Government Act, 1919. The plaintiff's grievance is that the meeting at which the defendant was elected was presided over by a Circle Officer and not, as he contends should have been the case, by some member of the Board who was not a candidate for election, I understand the question is almost academical now because the term of the Board has expired. The plaintiff who was the previous President obtained an injunction against the defendant and the result is that he has been acting all along as the President because according to the rules he continues until a new President is elected. However, the parties insist on fighting the matter out and I proceed to give my decision. 2. Briefly, the effect of the amending Act of 1947 was to remove all nominated members from Union Board and to provide that the...
Manohar Das Vs. Charu Chandra Pal and ors.
Court: Kolkata
Decided on: Mar-09-1950
Reported in: AIR1951Cal385
1. These seven appeals are on behalf of the pltf and arise out of as many suits for recovery of 'khas' possession, or in the alternative for assessment of fair and equitable rent. The case of the pltf is as follows: The lands in all the suits are situate in Mouza Nala appertaining to Touzi No. 1 of the Burdwan Collectorate. The Maharaja of Burdwan, as owner of Touzi No. 1 granted a Mourashi Mokrari settlement of the lands in suits to the predecessor-in-interest of the pltf about 200 years ago. The pltf is the Mohant of a 'Math' which is very ancient institution and the Maharaja of Burdwan made the grant to the original Mohant of the Math. The pltf further alleges that all the lands appertain to the 'Mal' assets of the Maharaja and belong to the pltf's Mokrari Mahal in Mouza Nala. The deft's predecessors, according to the pltf, were 'Chakrandars'. Subsequently the 'chakran' lands were resumed & possessed in Khas by the pltf. Lastly, the pltf granted 'Bhag' settlement of the lands in dis...
Panchanon Shaw Vs. Satyabandhu Mukherjee
Court: Kolkata
Decided on: Mar-07-1950
Reported in: AIR1950Cal319,54CWN541
Roxburgh, J.1. This is a Rule against an order of the Munsif, 1st Court, Alipore purporting to be under Section 28, Calcutta Thika Tenancy Act, 1949, rescinding a compromise decree for ejectment made in the suit before him on 15th July 1948. The petitioner here, as plaintiff, brought a suit on 9th April 1948, for ejectment of the opposite party alleging that five months' rent was due and also that notice under Section 106, T. P. Act, had been served requiring the defendant to vacate on the expiry of the month of October 1947. It may be noted that in his petition the petitioner alleges that the tenant was in occupation on two leases which expired with the month of October, 1947 and that the notice in question was merely issued out of abundant caution. No reference to the fact of the leases, however, was made in the original suit. The suit was compromised and a decree passed in accordance with the terms thereof. These were, briefly: The plaintiff was to get a decree for ejectment with co...
Kedar Lal and anr. Vs. Hari Lall
Court: Kolkata
Decided on: Mar-06-1950
Reported in: AIR1952Cal176
Harries, C.J.1. This is an application for leave to appeal from a decree made by an Appellate Bench of this Court in an appeal from a decree made by a single Judge sitting on the Original Side. The Appellate Bench differed from the learned single Judge & eventually made a decree in favour of the plff. for Rs. 40,253/11/10. The value of the suit & the value of the proposed appeal were well over Rs. 20,000/- & the judgment of the Appellate Bench was a judgment of variance. The deft-appellants would therefore have been entitled to appeal as of right to the Supreme Court, but for the fact that the proposed respt. contends that the application for leave to appeal was barred by time.2. The only point which have to consider is whether the application for leave to appeal is within time. Admittedly, the time for filing the application was ninety days from the date of the decree & the date of the decree is the date upon which the judgment was pronounced. Judgment was pronounced on 20-9-1949 & th...
Naresh Chandra Ray and ors. Vs. Dhirendra Nath Dey
Court: Kolkata
Decided on: Mar-03-1950
Reported in: AIR1950Cal323,54CWN601
Guha, J. 1. This appeal by the defendants arises out of a suit for recovery of arrears of rent in respect of a dar-patni jama, By a subsequent amendment of the plaint, the plaintiff prayed for declaratipn of a charge upon, the defendant's one-sixth share in the superior patni in terms of a, Jaminnaina for securing the payment of the dar-patni rent.2. The facts which are not in dispute are briefly as follows:3. The father of the defendants took settlement of one-sixth share of the patni of the plaintiff in dar-patni right upon a potta executed in 1326 B. S. In the said patni the defendants' father had also one-third share and on the same date as the date of the dar-patni potta he executed a jaminnama by which he purported to create a charge upon his one-sixth share in the patni for rent of the dar-patni in dispute. By his amendment of the plaint, the plaintiff wanted to make one-sixth share of the defendants in the patni liable for his dues in respect of the present suit.4. The defence ...
S.C. Mitter Vs. the State
Court: Kolkata
Decided on: Mar-03-1950
Reported in: AIR1950Cal435
Das Gupta, J. 1. The appellant was convicted by the First Special Tribunal, Calcutta, of an offence under Section 120B read with Section 161, Penal Code, and for several offences under Section 161 of the Code. He was sentenced to different periods of imprisonment for each of these offences and also to fines, in default of payment of which, he was directed to undergo further periods of imprisonment.2. The prosecution case was that the appellant entered a conspiracy with one Sripati Mukherji to commit offences under Section 161, Penal Code by accepting illegal gratification from Sripati as a motive or reward for issuing contracts in favour of the Dalia Tailoring Company of which Sripati Mukherji was a contractor, and that in pursuance of the same, different sums of money, as mentioned in specific charges, were actually received by the appellant from Sripati Mukherji as illegal gratification. It is said that on paper, these payments were shown as having been made to one R. K. Roy as commi...
Buffatan Bibi and anr. Vs. Sheikh Abdul Salim
Court: Kolkata
Decided on: Mar-02-1950
Reported in: AIR1950Cal304
Lahiri, J.1. This appeal is by defendants 1 and 2 and is directed against the judgment of the Subordinate Judge of Howrah by which he has decreed the plaintiff's suit for restitution of conjugal rights. Defendant 1 is the wife and defendant 2 is the father-in-law of the plaintiff. The plaintiff's case in the plaint is that he was married to defendant 1 and continued to live with defendant 1 quite happily till defendant 1 field from the house of the plaintiff on the evil advice of her father. Thereafter the wife, that is, defendant 1, instituted a case for maintenance under Section 488, Criminal P. G., against the plaintiff, but that case was dismissed. The plaintiff requested defendant 1 to come to his house on many occasions but without success. Defendant 1 contested the suit by a written Statement in which she alleged that under the terms of Kabinnama which was executed by the plaintiff before the marriage she bad validly divorced herself from her husband and as such she was no longe...
Gokul Chandra Chatterjee Vs. the State
Court: Kolkata
Decided on: Mar-01-1950
Reported in: AIR1950Cal306
Harries, C.J. 1. This is an application for revision by on a Gokul Chandra Chatterjee who was convicted of an offence under Section 306, PenalCode and sentenced to eighteen months' rigorous imprisonment.2. The petitioner was tried by a learned Assistant Sessions Judge sitting with a jury upon a charge of abetment of suicide, his son Biswa Ranjan Chatterjee was also tried with him upon the same charge. The jury unanimously found Biswa Ranjan not guilty and the learned Judge accepted the verdict and acquitted him, The jury however toy a majority of three to two found the petitioner guilty and accepting the verdict the learned Judge sentenced him, as I have indicated, to eighteen months' rigorous imprisonment. An appeal to the Sessions Judge was dismissed.3. The charge was concerned with the death of a young woman called Swarnalata who, according to the prosecution committed suicide by standing between the rails in front of a moving train. There was some suggestion in the Court below that...
Purnendu Nath Tagore and ors. Vs. Sree Sree Radha Kanta Jew and ors.
Court: Kolkata
Decided on: Mar-01-1950
Reported in: AIR1950Cal318,54CWN476
Harries, C.J.1. This is a somewhat unusual application. The petitioners were given leave to appeal to the Federal Court and the last day for depositing the security required by Order 45, Rule 7, Civil P. C was 28th February 1950. On 27th February 1950, the proposed appellants tendered security in immovable property which they value at over Rs. 20,060. This security was tendered in this Court within time and the question arises whether this Court can accept that security in lieu of cash or Government securities. Order 45, Rule 7, of the Code provides ; 'Where the certificate is granted, the applicant shall, within ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow from the date of the decree complained of, or within six weeks from the date of the grant of the certificate, whichever is the later date,-(a) furnish security is cash or in Government securities for the costs of the respondent, and(b) deposit the amount required to defray the...
Kalna Municipality Vs. Province of West Bengal
Court: Kolkata
Decided on: Mar-01-1950
Reported in: AIR1950Cal415,54CWN416
Bachawat, J. 1. This is a reference by the Munsif of Kalna under Order 46, Rule 6, Civil P. C. It appears that the Chairman of the Kalna Municipality claimed arrears of taxes from the Province of West Bengal and instituted a suit before the Munsif of Kalna who is invested with Small Cause Court powers. The suit was registered as Small Cause Court Suit No. 347 of 1948. The plaintiff is claiming Rs. 8-4-0 on account of arrears of taxes and he has prayed for a decree for the amount of the claim with costs and such other relief as he may be entitled to.2. On 27th May 1949 the suit was heard by the learned Munsif. The learned Munaif had doubts as to whether the suit was cognizable by a Court of Small Causes. In that view of the matter he has made this reference. No one has appeared for either party on this reference. 3. The jurisdiction of the Court of Small Causes is conferred by Section 15, Provincial Small Cause Courts Act which reads as follows :'(1) A Court of Small Causes shall not ta...
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