Kolkata Court May 1956 Judgments
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isaac Nissim Silas and ors. Vs. Official Trustee of Bengal
Court: Kolkata
Decided on: May-09-1956
Reported in: AIR1957Cal118
ORDERMallick, J.1. This summons was taken out by the plaintiffs for the determination of this question, namely, whether the trust created by the first plaintiff Isaac Nissim Silas can be revoked by the settlor with the consent of his wife and two sons who along with the settlor are stated to be the only beneficiaries.2. This trust was created by Issac Nissim Silas the settlor by an Indenture of Trust dated1-4-1931. The Official Trustee of Bengal has been made a trustee and the property was conveyed tothe trustee to be held by him upon trust set out in the said indenture.3. The trust was a family trust created for the benefit of the settlor and his wife, his sons and their children to be born. At the date of the trust the settlor's family consisted of his wife, and his three sons, Elias, Jacob and Nissim. The trust deed provides that the trustee after making provision for meeting the necessary expenses, namely, the payment of the rates and taxes of theCorporation and the costs of repair...
Tarapada Mandal and anr. Vs. Hajia Khatum Bibi and anr.
Court: Kolkata
Decided on: May-09-1956
Reported in: AIR1956Cal625,60CWN903
Guha Ray, J.1. This second appeal by the defendants arises from a suit by respondent 1 Hajia Khatun Bibi for a declaration of her title to the land in suit to the extent of 8 annas share and for joint possession thereof along with defendants 1, 2 and 3.2. The facts as far as they are admitted or beyond dispute are briefly that the disputed land belonged originally to Abdur Rahaman, father of the plaintiff Hajia Khatun. Abdul Kasem was a brother-in-law of Abdur Rahaman. On 13-6-1933 Abdul Kasem and Abdur Rahaman executed an Instalment mortgage bond, of which a certified copy is Ex. 2, in favour of Surendra Nath Mandal, defendant 2. Abdur Rahaman died on 19-3-1936, corresponding to the 5th Chaitra, 1342 B.S., leaving a widow and two minor daughters, viz., the plaintiff and pro forma defendant 3 Rajia Khatun. Abdul Kasem died in 1343 B.S. It is the plaintiff's case that after Abdul Kasem's death when defendant 2 pressed the plaintiff's mother for payment of his dues on the mortgage there ...
India Trades Corporation Vs. Union of India (Uoi)
Court: Kolkata
Decided on: May-03-1956
Reported in: AIR1957Cal153
Mallick, J. 1. This is a special case stated by the arbitrator under Section 13, Arbitration Act, for the opinion o this Court on a question of law involved in the proceedings now pending before the arbitrator. The question of law involved is whether the claim in dispute is barred by limitation.2. The case originally stated by the arbitrator came for consideration before Bachawat J. Bachawat J. felt that the case stated did not contain sufficient facts to enable the Court to give its opinion on the point of law raised and directed the arbitrator to restate the case. Pursuant to such direction the arbitrator has restated the present case on which this Court is called upon to give its opinion.3. Mr, Roy appearing for the claimant made a grievance that the arbitrator stated the present case without giving his client any opportunity to make his submission as to the correctness of the facts stated. It is not for me in the present proceeding to adjudicate on the correctness of the facts stat...
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