Kolkata Court September 1950 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Manindranath Dinda Vs. Amiya Pal Choudhury and ors.
Court: Kolkata
Decided on: Sep-06-1950
Reported in: AIR1951Cal361
G.N. Das, J.1. These are two appeals by the defendant Manindra Nath Dinda against the judgments and decrees passed by Sri G. Palit, Additional Subordinate Judge third Court, 24-Parganas and dated 31-5-1946.2. The suit out of which F. A. No. 204 of 1946 has arisen, was numbered as Title Suit 23 of 1943 and later renumbered as Title Suit 6 of 1946. The suit out of which F. A. No. 203 of 1946 has arisen was numbered as Title Suit 40 of 1943 and later renumbered as Title Suit 7 of 1946.3. The two suits were heard together, and the Court below delivered one judgment disposing of the two suits.4. In this Court, F. A. No. 204 of 1946 was heard first and immediately thereafter F. A. No. 205 of 1946 was heard.5. I shall first state the case of the plaintiff Amiya Pal Chowdhury in Title Suit No. 6 of 1946. The allegation briefly is that on 20-5-1908, Sm. Radha Sundari Pal Choudhury, who died in 1924 and whose estate is now in the hands of her son, Amiya Pal Chowdhury, the plaintiff, as the admin...
Mugneeram Bangore and Co. Vs. Satyabrata Ghosh and anr.
Court: Kolkata
Decided on: Sep-06-1950
Reported in: AIR1951Cal332,55CWN222
Das Gupta, J.1. The question for decision in this appeal is whether a contract for the sale-of land stood dissolved on the requisition of this land and other lands closely by the Government of West Bengal for an indefinite period, in consequence of which it became impossible to complete the construction of roads, which was an integral part of the contract. The appellant company had, in furtherance of a scheme of developing land in the vicinity of the Dhakuria Lakes within Greater Calcutta, invited offers for the numerous plots of land covered by the scheme. Under this scheme, the company's plan was to enter into contracts for the sale of lands with different parties, accept a very small portion of the consideration money, as earnest money, undertaking to construct roads and drains in order that the lands contracted to be sold might be suitable for building purposes, and agreeing to complete the conveyance on receipt of the balance of the consideration money after the construction of su...
Bipra Charan Sarkar and anr. Vs. Sm. Rupeswari Dasi
Court: Kolkata
Decided on: Sep-06-1950
Reported in: AIR1951Cal523,55CWN131
R.P. Mookerjee, J.1. The property in suit originally belonged to three brothers Doman, Satish & Ananta. In 1929 Doman as karta of the joint family executed a mortgage in respect of the lands in dispute as also other lands in favour of the pltf. Before the mortgage dues had been cleared it is alleged that Doman in collusion with the landlord had got the properties sold in execution of a decree for the realisation of arrears of rent. The landlords were auction purchasers. The landlord settled 6 bighas out of 12 bighas to Rupeswari, mother of Satish & Ananta--she is deft, 1 in the present suit. The remaining 6 bighas of the said property was settled by the landlord in favour of Damayanti, wife of Doman. In 1940 the pltf. brought a suit to enforce the mortgage which had been created by Doman in 1929. Satish & Ananta, the brothers of Doman as also Damayanti, widow of Doman were made defts. Rupeswari in whose favour the landlord had made a fresh settlement of half the lands was not impleaded...
Bengal Agency and Stores Syndicate and ors. Vs. Stores and Engineering ...
Court: Kolkata
Decided on: Sep-06-1950
Reported in: AIR1952Cal411
ORDERSarkar, J.1. The judgment which I am going to deliver covers two applications. The facts out of which the applications arise are somewhat complicated & may be summarised as follows:2. In August 1949 this suit was filed for the recovery of Rs. 66961-11-0 for balance of principal & interest due for advance payments on account of price of goods & for price of goods supplied to the deft. The defence is that on the adjustment of the accounts between the parties Rs. 63677-4-3 would be due to the deft. & in fact nothing would be payable by it to the plff. The claim itself would indicate that there was an account between the parties. The defence was filed sometime in November 1949. As this suit is a commercial suit, under the rules of this Court the deft, should have filed its affidavit of documents within a fortnight of the filing of its written statement without any further order of this Court. This fortnight expired before 14-12-1949 but the affidavit was not filed. On 8-6-1950 the plf...
SreenaraIn Mansingka Vs. Amarnath Mishra
Court: Kolkata
Decided on: Sep-06-1950
Reported in: AIR1952Cal433
Banerjee, J.1. This is an appeal by the defendant from an ejectment decree passed against him on May 2, 1950, by Mr. Justice Bose sitting singly on the Original Side.2. The defendant was a monthly tenant (according to the Bengali Calendar) under the plaintiff in respect of premises No. 50, Brutal Street Calcutta at a rent of Rs. 240/- per month.3. The defendant made default in payment of rent from 24th Magh, 1354 B. Section (7th February, 1948) to the end of Baisakh 1355 B. Section (14th May, 1948) amounting to Rs. 766/- for which the plaintiff filed a suit on 19th May, 1948 in the Court of Small Causes, Calcutta being Suit No. 4018 of 1948; the total sum including costs claimed was Rs. 901/9/-.4. The defendant also failed to pay rent for the months of Jaistha to Aswin, 1355 B.S. (15th May to 17th October, 1948) amounting to Rs. 1,200/-.5. The West Bengal Premises Rent Control Act of 1948 came into force on December 1, 1949, and it is not disputed that by reason of the increase allowed...
- ‹ Prev
- 1
- Next ›