Kolkata Court January 1952 Judgments
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Tulsiram Shaw Vs. R.C. Pal Ltd.
Court: Kolkata
Decided on: Jan-29-1952
Reported in: AIR1953Cal160
1. This is an action in ejectment instituted on 13th May 1948.2. In this suit the plaintiff is suing as the trustee of a trust estate known as debutter estate of Sri Purushottamdas Bhagwan. A vacant plot of land on the premises No. 17, Bolai Singhee Lane, Calcutta, was let out to the defendant company at a rent of Rs. 40/- per month. It is the plaintiff's case that such tenancy was terminated by notice to quit, dated 28th December 1945. The plaintiff claims possession and mesne profits.3. The written statement on behalf of the defendant company was filed and verified by H. C. Pal or Ramesh Chandra Pal, who has described himself as the Managing Director of the defendant company.4. On the pleadings, the following issues were settled: (1) Was the land vacant land? (2) Is the notice to quit valid in law? (3) To what relief, if any, is the plaintiff entitled?5. ISSUE NO. 1: This issue is a question of fact. According to the defendant company the land that was let out was not vacant land. Th...
Sm. Nagendra Bala Debi and ors. Vs. Provash Chandra and ors.
Court: Kolkata
Decided on: Jan-29-1952
Reported in: AIR1953Cal185,57CWN97
P.N. Mookerjee J. 1. The principal point that arises for consideration in this appeal is, whether the suit in the present instance is bad on the ground of multifariousness, that is, misjoinder of parties and causes of action and is liable to be dismissed on that ground. The learned Subordinate Judge framed several issues in this case but the only effective decision that he has given is on the issue of multifariousness and he has dismissed the suit on that ground expressly stating that it was unnecessary for him in the circumstances of this case to 'discuss' the other issues. In our opinion, the learned Subordinate Judge is right in his decision that the suit is bad on account of multifariousness and, accordingly, this appeal is liable to be dismissed subject to the observations which will be made below. The reasons for pur view will be found in the discussions which will presently follow.2. The material facts leading up to the present appeal are as follows: The plaintiffs-appellants we...
Makhanlal Roy Pramanick and ors. Vs. Pramathanath Basu and ors.
Court: Kolkata
Decided on: Jan-28-1952
Reported in: AIR1953Cal50,56CWN770
G.N. Das, J.1. This rule which was obtained by the judgment-debtors arises out of proceedings-under e. 37A, Bengal Agricultural Debtors Act, 1935, hereinafter called the Act,2. In execution of a decree for arrears of rent obtained by opposite party No. 1, the latter auction-purchased the disputed property on 16-5-1939.3. After the enactment of Act II B. C. of 1942' which added Section 37A to the Act, the petitioners initiated proceedings under the section before the Debt Settlement Board, Tamluk.4. On 28-10-1945, the Board made an award under Section 37A (5) of the Act. The award recites that as the applicants, the decree-holders, the landlords and the mortgagees have failed to come to an amicable settlement, the Board has determined the debt under Section 37A (5). The award was drawn up in Form No. 19 (B), Schedule (ka) of the award gave a description of the debtors, Schedule (kha) (1) that of the decree-holders, Schedule (kha) (2) that of the mortgagees which was blank in the present...
Monjur Mondal Vs. Ahammad Mondal and ors.
Court: Kolkata
Decided on: Jan-25-1952
Reported in: AIR1953Cal155,56CWN506
P.N. Mookerjee, J. 1. This appeal is by defendant 1 and it arises out of a suit brought by the plaintiff respondent for declaration of his title to the lands in suit described in schedules 'Kha' and 'Ga' of the plaint, and for recovery of possession of the 'Kha' schedule lands, and for confirmation of possession in the 'Ga' Schedule lands. The material facts lie within a short compass and they are given below. 2. Admittedly, the suit lands originally belonged to one Ketabdi. In the year 1916 Ketabdi died leaving him surviving as his heirs three sons Ahammad, Abdul and Makbul and three daughters. Ahammad is the plaintiff in the present suit, wherein Abdul is defendant 2 and Mokbul is 'pro forma' defendant 4, and their three sisters are 'pro forma' defendants 5 to 7. Defendant 1 is Abdul's son, but he claims title to the suit lands not as a member of Ketabdi's family but on the basis of a purchase from a previous stranger auction purchaser Nur Mahammad, 'pro forma' defendant 3 in the pre...
The State Vs. Anil Ranjan Dutta and anr.
Court: Kolkata
Decided on: Jan-25-1952
Reported in: AIR1952Cal534
Chakravartti, J.1. This is a reference under Section 307 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 3rd Court, 24-Parganas, upon a disagreement with a verdict of the jury who found two accused persons guilty of various offences concerning forged Pakistani notes. One of the accused, Anil Ranjan Dutta 'alias' Moni, was unanimously found guilty of charges under Section 120B, read with Sections 489B and 489C of the Indian Penal Code. He was also found guilty of specific charges under Sections 489B and 489C of the same Code. The other accused person, Rajendra Nath Jain, was found guilty of the same conspiracy charge and also of a charge under Section 489B. In his case also the verdict of the jury was unanimous. The learned Judge, however, was of opinion that the verdict was 'unreasonable, unwarranted, perverse and against the weight of evidence', and accordingly he referred the case to this Court with the recommendation that the accused might be acquitted of...
Krishna Mohan Vs. Nripendra Nath and ors.
Court: Kolkata
Decided on: Jan-25-1952
Reported in: AIR1952Cal577,56CWN531
Das, J.1. This Rule was obtained by defendant No. 3, judgment-debtor No. 3, Krishna Mohan Kundu, against Order No. 256 dated May 25, 1950, passed by Mr. N. Banerjee, Subordinate Judge, Alipur, granting an amendment of a reopened decree in Title Suit (Mortgage) No. 89 of 1928.2. The facts leading up to the present dispute may be stated as follows: The plaintiff who are opposite parties Nos. 1 to 9 instituted Title Suit (Mortgage) No. 89 of 1928 against the petitioner and two other persons who are the mortgagors. The mortgage suit comprised six items of properties. A final decree for sale for a sum of Rs. 88,801-9-3 pies was passed on the 26th of March, 1929. This decree was executed in Title Execution Case No. 76 of 1929. Items Nos: 1 to 4 of the schedule to the plaint in the Mortgage Suit were put up to sale on the 23rd of August, 1929 and were purchased by the decree-holders for, a sum of Rs. 69,000/-. Property No. 5 was also purchased by the decree-holder for Rs. 15,000/- on June 16,...
Sm. Saila Bala Devi Vs. Sm. Gouri Bala Devi and anr.
Court: Kolkata
Decided on: Jan-18-1952
Reported in: AIR1952Cal749
Guha Ray, J.1. In this second appeal by the plaintiff the only question for decision is whether the plaintiff is entitled to recover the proportionate share of the mortgage due3 from Gouri-bala, defendant 2 who purchased the 8 annas share of Sushilabala, defendant 1. The facts shortly stated are these.2. C. S. plot No. 689 of Mouza Mohiary, recorded in Khatian No. 1451, originally belonged to one Nritra Kali Devi who mortgaged it to her brother Dina Nath Dalai for Rs. 150 on 19-1-1914. After her death her son Nanda Lala mortgaged the same property for Rs. 200, to one Hari Pada Nath, husband of the plaintiff on 14-5-1923 and redeemed the mortgage of Dinanath. Subsequently to satisfy the debt of Haripada, Nanda Lal again mortgaged the property to the plaintiff Saila Bala for Rs. 275 on 22-7-1936 and redeemed the mortgage of Haripada. Nandalal died in Pous 1346, leaving his widow Sushilabala, alias Surabala, defendant 1 and Panchanan, pro forma defendant 3. Bach of them thus acquired 8 an...
Gokul Chand De and ors. Vs. Gopi Nath Dey and ors.
Court: Kolkata
Decided on: Jan-16-1952
Reported in: AIR1952Cal705
Das, J.1. This appeal arises out of an application under chap. XIII of the Rules of this Court (Original Side).2. The applicant was Gopinath Dey describing himself as one of the trustees and shebaits under the Trust created by Srimati Chuni Moni Dasi.3. The trust was created by a deed dated 18-9-1901. By the deed the said Chuni Moni Dasi conveyed certain properties to her three sons, Gour Mohan Dey, Satcowrie Dey and Tincowrie Dey as trustees. By the deed of Trust, the settlor Sreemati Chuni Moni Dasi after reciting that she had built a temple for Thacoorbatty and established and located therein deities Sree Sree Juggernath Jiu and Sree Sree Radha Gobind Jiu as her own separate family deities, conveyed and transferred unto the said Gour Mohan Dey, Satcowrie Dey and Tincowrie Dey, their heirs, executors, administrators and assigns; certain properties which she described as her stridhone property, to have and to hold the same'upon the following trusts namely upon trust for the said Thaco...
Indian and General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja ...
Court: Kolkata
Decided on: Jan-15-1952
Reported in: AIR1952Cal508
Sinha, J.1. These are two applications, one by the Indian and General Investment Trust. Ltd., suing as Trustees of the Khalli-kote Raj Sterling Loan, 1906 and another by the Indian and General Investment Trust Ltd., for an order that certified copies of the orders passed on the 29th day of November 1949 by the High Court of Justice, Chancery Division, England, in Actions Nos. 337 of 1949 and 351 of 1949 of that Court together with certified copies of the certificates dated the 9th day of January 1950 issued by the Master of the Supreme Court of Judicature in England, granted under Section 10 of the Foreign judgments (Reciprocal Enforcement) Act, 1933, together with the usual certificate of non-satisfaction, be transmitted to the District Judge's Court at Berhampore in the province of Orissa, for execution. These applications have been made under Section 44A read with Section 39 of the Code of Civil Procedure. By consent of parties, the two matters have been heard together.2. The facts ...
Khagendra Nath Ganguli Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-15-1952
Reported in: AIR1952Cal855
Das, J.1. I shall deal with the two applications separately.2. The first one is an application for amendment of the decree passed in the above appeal. The amendment prayed for is for substitution of 'State of West Bengal' for 'Province of Bengal.'3. The appellant petitioner was the plaintiff in a suit for declaration that the assessment of revenue upon the disputed land was ultra vires and for an injunction restraining the respondent 1, opposite party no. 1, from realising the assessed revenue and for other incidental reliefs.4. The suit failed in the trial Court.5. The appellant petitioner filed the above appeal in this Court in 1943.6. The appeal was pending in this Court on 15-8-1947.7. The Indian Independence Act, 1947 (10 & 11 Geo. VI , C. 30) received the assent of His Majesty on 18-7-1947.8. Section 3 of the Act provided that as from the appointed day (15-8-1947) the Province of Bengal as constituted under the Government of India Act, 1935 shall cease to exist and that there sha...
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