Kolkata Court April 1951 Judgments
Profulla Kumar Mullick Vs. Sm. Firoza Sundari Dassi and ors.
Court: Kolkata
Decided on: Apr-27-1951
Reported in: AIR1951Cal182
Das Gupta, J.1. This is a suit instituted by the plaintiff originally against Manmatha Nath Mullick since deceased for an account of the trust properties created by Jadulal Mullick deceased, for necessary enquiries and directions regarding the said trust properties, for a decree for the sums found due to the plaintiff for self and as an heir of Pradyumna Kumar Mullick, for removal of Manmatha Nath Mullick as trustee and for other reliefs. The only question to be decided by me is whether Abhiram Mullick, son of one Pramatha Nath Mullick since deceased, a defendant in this suit, is liable to render accounts. The rest of the matters are, it is understood between the parties, to be referred to an Officer of this Court for an enquiry and for accounts.2. The matter arises in this way: On 5-2-1894 one Jadulal Mullick died. A genealogical table showing the descendants of the said Jadulal Mullick is as follows: JADULAL (d. 5.2 1894) = Saraswati Dassi (d. 1916) __________________________|_______...
Tag this Judgment!Gopi Nath Das Vs. Namai Charan Das and anr.
Court: Kolkata
Decided on: Apr-27-1951
Reported in: AIR1951Cal551
Harries, C.J.1. This is a petition for revision of an order of a lower appellate ct. allowing an appeal in fact from an order of a learned Munsif who allowed in fact the petitioners' applications for pre-emption under Section 26F, Bengal Tenancy Act.2. The facts in the case are somewhat complicated. But the relevant facts can be stated as follows. In the year 1935 the property in dispute was attached before judgment by the pltf. in a suit. On 29-5-1936 the suit ended in a compromise decree. But as the defts. failed to carry out the compromise an application was made in 1937 for execution of the decree. Shortly after this application the defts. applied to the Debt Settlement Board for a settlement of the debts owed by them to the pltf. among others. The usual order was made under Section 34, Bengal Agricultural Debtors Act, staying all proceedings in respect of debts pending in civil cts. The application for execution therefore of the compromise decree was stayed. On 10-6-1939, the part...
Tag this Judgment!HussaIn Sk. and ors. Vs. the State
Court: Kolkata
Decided on: Apr-27-1951
Reported in: AIR1953Cal383
1. The appellants were tried by the learned Assistant Sessions Judge, Alipore, with the aid of a jury on a charge under Section 304, Penal Code read with Section 34, Penal Code. The jury returned a unanimous verdict of guilty against both these appellants under Section 304 Part II, Penal Code. In accordance with that verdict the learned Judge convicted these appellants under Section 304, Penal Code and sentenced each of them to undergo rigorous imprisonment for five years.2. It may be mentioned that another person named Fani Mondal was also tried along with these persons on the same charge and the Jury returned a unanimous verdict of guilty against him under Section 324, Penal Codeand in accordance with that verdict he was convicted and sentenced to rigorous imprisonment for two years. He is not one of the appellants before us,3. The prosecution case was that on 29-3-1950, when Nani Haldar was seated along with these two appellants and one Fani Mandat near, the house of one Sabur Ali, ...
Tag this Judgment!The Royal Asiatic Society of Bengal Vs. Corporation of Calcutta and an ...
Court: Kolkata
Decided on: Apr-26-1951
Reported in: AIR1952Cal501,55CWN651
1. This appeal is under Section 142 (3) of the Calcutta Municipal Act and it relates to the assessment of premises No. I/A Park Street of which the Royal Asiatic Society of Bengal is the owner. It appears that the Executive officer of the Corporation of Calcutta made a fresh valuation of the lands and 'buildings of the aforesaid premises in April, 1948. The appellant filed an objection to the valuation under Section 139 of the Calcutta Municipal Act and the Deputy Executive Officer of the Corporation of Calcutta gave the appellant some relief. Against the order of the Deputy Executive Officer the appellant filed an appeal to the Small Causes Court Calcutta under the provisions of Section 141 of the Calcutta Municipal Act. The learned Judge of the Small Causes Court dismissed the appeal of the appellant on the preliminary ground that the appellant was not entitled to question the valuation which was made by the Deputy Executive Officer at the time of making a fresh valuation and the gro...
Tag this Judgment!Dharani M. Ray Vs. Ramabatar Shaw
Court: Kolkata
Decided on: Apr-25-1951
Reported in: AIR1954Cal96
ORDERSinha, J. 1. This is an application for execution. The decree is for possession, but the defendant has taken the point that there is a 'Thica' tenant and is entitled to resist the application under the provisions of the Calcutta Thicka Tenancy Act 2 of 1949. 2. According to him, the matter is governed by Section 29 of the Thicka Tenancy Act, and this Court has no jurisdiction to proceed with the execution, but is bound to transfer it to the Controller acting under the Thicka Tenancy Act. It will be observed that the defendant has made no application under Section 28 of the Act, for rescinding or varying the decree. Therefore, for the purposes of this application, the decree stands, and all I have to see is as to whether I am bound to transfer this application to the Controller under Section 29 of the Act. Under that Section, an execution proceeding shall be transferred to the Controller if the proceeding relates to any matter in respect of which the Controller is competent, after ...
Tag this Judgment!Nripendra Narayan Vs. Beda Bala Debi
Court: Kolkata
Decided on: Apr-25-1951
Reported in: AIR1952Cal702,55CWN479
Harries, C.J.1. This is an appeal from a order of S. E. Das Gupta J. dated 21st April 1950 committing the appellant for contempt of Court and sentencing him to undergo simple imprisonment for one month.2. The parties are husband and wife, the appellant being the husband and the wife being the respondent. It seems that the husband had created a trust of his property in favour of his wife and had divested himself of the right to manage the same. There had been in fact two trust deeds but in each of the deeds a power of revocation was reserved to the settlor, the husband. It seems that the relationship between the parties was not happy and the husband had brought a suit for revocation or cancellation o the deed of trust. But that suit seems to have been abandoned and withdrawn.3. It is an admitted fact that at 10 a.m. on 24th June 1949, the appellant registered a deed claiming to revoke this trust and on the same day a suit was filed by the wife on the Original Side of this Court for an i...
Tag this Judgment!Residence Ltd. Vs. Surendra Mohan Banerjee and ors.
Court: Kolkata
Decided on: Apr-20-1951
Reported in: AIR1951Cal126
Harries, C.J.1. This is an appeal from a judgment & order of Bose J. made on an appln. under Article 226 of the Constitution. The applt. applied to this Ct. for the issue of writs of certiorari or prohibition for quashing or prohibiting certain proceedings for the fixation of standard rent of premises initiated by a tenant & then pending, before the Rent Controller of Calcutta. There was an alternative prayer for an order on the parties Under Section 45, Specific Relief Act. Bose J. came to then conclusion that there was no force whatsoever in the contentions of the applt. landlord & he accordingly dismissed the appln. in its entirety. From that order this present appeal has been preferred.2. The applt. is the lessee of a large block of flats known as No. 209 Lower Circular Road, Calcutta. The applt. was the tenant of these flats under a trust estate & one of the 145 flats comprised in the building was sublet to the resp. W. C. Read. The flat was let to Mr. Bead at a rent of Rs. 190 pe...
Tag this Judgment!S.B. Trading Co. Ltd. Vs. Shyamlal Ramchandra
Court: Kolkata
Decided on: Apr-20-1951
Reported in: AIR1951Cal539
P.B. Mukharji, J.1. The validity of the recent amendments of the Rent Act of 1950 under the Constitution & specially the interpretation of Section 18 (5) of that Statute as amended are the important questions of controversy in this suit.2. The pltf. company instituted this suit on 17-12-1949, claiming ejectment of the deft. from room No. 209 on the ground floor of 57 Clive Street, Calcutta, now Netaji Sabhas Road, on the ground of ipso facto determination of deft's. tenancy under Section 12 (3), Rent Act of 1948 for the failure to pay or deposit three consecutive months' rent under that Act at the rate of Rs. 91 per month. These three months are Agrahayan Pous & Magh of the Bengali calendar year 1355 B.S. corresponding to the period from 17-11-1948, to 12-2-1949 in the English calendar. No notice to quit is pleaded in the plaint because under Section 12(3), Rent Act of 1948, it was provided that upon such failure to pay or deposit rent, the interest of the tenant was ''ipso facto deter...
Tag this Judgment!Bholaram Agarwalla Vs. Smt. Jiat and ors.
Court: Kolkata
Decided on: Apr-20-1951
Reported in: AIR1952Cal92
Roxburgh J.1. This is an appeal against a decree of the District Judge of Burdwan affirming a decree of the Munsif. Third Court, Burdwan, in a money suit.2. The plaintiffs' claim was that the plaintiffs' firm did Aratdari business, the firm of Nupchand Rameswar Lall, defendant No. 1 being one of their customers. The latter used to buy goods in the mofussil, despatch them to the plaintiff firm's godown; the plaintiff firm arranged for on the instruction of and with the permission of the defendant firm for the sale of the goods so purchased, and they charged certain sum by way of commission and also incidental expenses. The plaintiff firm also used to advance sums to the defendant firm by way of financing their business. All the transactions were entered in one account, the balance being struck out from time to time. The plaintiffs, therefore, contended that the account kept was a mutual open account and they sued for the balance shown on the 25th Agrahayan, 1349 B. S. when the transacti...
Tag this Judgment!Bata Shoe and Co. Ltd. Vs. Narayan Das Mullick and ors.
Court: Kolkata
Decided on: Apr-19-1951
Reported in: AIR1953Cal234,56CWN121
G.N. Das, J.1. This Rule was obtained by the petitioner who is a tenant of a room in premises No. 24A Canning Street in the city of Calcutta. The petitioner applied on 29-4-1949 for fixation of standard rent in respect of the said room. The Rent Controller fixed the standard rent at Rs. 171-7-3 with effect from 1-4-1949. On appeal the Judge of the Court of Small Causes by his order dated 25-9-1950, has modified the order of the Rent Controller & has fixed the standard rent at Rs. 140-9-6 with effect from 1-5-1950. The petitioner assails the order of the Small Cause Court Judge on the ground that there was no basic rent in respect of the disputed premises and as such the fixation of standard rent was erroneous in law.2. The question depends on certain facts to which reference should be made. It appears that the disputed room, was let out on 1-12-1941 in two portions to two separate tenants. The rent paid by the tenant in respect of the western portion of the room was Rs. 65/- per mensem...
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