Kolkata Court January 1959 Judgments
P.N. Pathak Sharma Vs. Sm. Renuka Debi and ors.
Court: Kolkata
Decided on: Jan-30-1959
Reported in: AIR1959Cal613
Lahiri, J.1. This Rule is directed against an order made by the 4th Subordinate Judge, Alipur, in Miscellaneous Judicial Case No. 40 of 1957 arising out of Execution Case No 17 of 1957 of that court. The order is one under Order XXI, Rule 98 of the Civil Procedure Code and the petitioner before us is the objector. The facts which are material for the purposes of this Rule may be briefly stated as follows:2. On 25-3-1954, opposite party No. 1, Sreemati Renuka Debi obtained a compromise decree for ejectment against three persons named Gobardhan Das Barma who was a tenant of the first degree, Protap Chandra Mitter and B. R. Sarma who were sub-tenants under Gobardhan Das Barma. Under the terms of the compromise the persons against whom the decree was obtained were to vacate the premises on or before the 30th of April, 1954. The subject-matter of dispute is the entire first floor of premises No. 24A Mohini Mohan Road excepting one room. It appears that the decree-holder applied for executio...
Tag this Judgment!Mugneeram Bangur and Co. Vs. Gurbachan Singh
Court: Kolkata
Decided on: Jan-28-1959
Reported in: AIR1959Cal576,63CWN549
P.N. Mookerjee, J.1. The only point which arises in this appeal is whether a contract for sale of land stood discharged and came to an end by reason of certain intervening or supervening circumstances, to which due reference will be made in the course of this judgment. The point was, even lately, not free from doubt and it was beset with considerable difficulties, but a recent pronouncement of the Supreme Court has clarified the position and considerably lightened our task.2. The law to be considered is the law of frustration of contract as applicable to this country. The matter appears to be concluded by the decision of the Supreme Court in the case of Satyabrate Ghose v. Mugneeram Bangur and Co. : AIR1954SC44 . where under apparently similar circumstances, their Lordships of the Supreme Court rejected the plea of frustration of the contract, but, as the said case has been sought to be distinguished on facts and a seemingly new question has also been raised for our consideration and a...
Tag this Judgment!State of West Bengal Vs. Produce Trader's Corporation
Court: Kolkata
Decided on: Jan-28-1959
Reported in: AIR1959Cal597
P.N. Mookerjee J.1. This is the State's appeal, arising out of a suit for compensation, brought against it under the following circumstances:2. By an order dated September 4, 1943, Sri T.A. Menon, the then Additional District Magistrate of Midnapore, seized a stock of rice (305 mds. and 29 3/4 srs.) belonging to the plaintiff (Produce Trader's Corporation, having as its sole Proprietor and owner J. C. Hui) and kept by it in the custody of the Bengal Bank Ltd. as security against over draft advances, taken by it from the said Bank. The seizure was for alleged violation or contravention of the Defence of India Rules, for which a prosecution of the plaintiff's manager Provat Chandra Banerjee followed. Eventually, however, it was found that no charge could be framed under the law for the alleged offence and, accordingly, the plaintiff's said Manager was discharged.. The seized rice was, however, not released or returned to the plaintiff and the plaintiff's attempt to get back the same havi...
Tag this Judgment!Re Westminsters Deed of Appointment : Kerr and Others Vs. Westminster.
Court: Kolkata
Decided on: Jan-28-1959
Reported in: [1960]38ITR568(Cal)
LORD EVERSHED M. R. stated the facts and continued : The question raised by the summons and argued upon this appeal is a question of the effect upon the deed of February 19, 1930, of what is now section 486 of the Income Tax Act, 1952 (formerly section 25 of the Finance Act, 1941). [His Lordship read sub-section (1) of section 486, and continued :] The definition of 'appropriate fraction' is to be found in subsection (5). It is conceded that 'the appropriate fraction' in this case (if the section is applicable) is 23/29 thus. It is also conceded, that if the section is applicable, the 'stated amount' referred to is not the sum total of the obligations under the deed of appointment but what may be called the 'making up' figure contained in clause B.At first slight. It would seem (with all respect) that the question is not a difficult one; for by the deed 'provision' was 'made' for the payment of a 'stated amount' free of income tax, that provision being contained in a deed made before S...
Tag this Judgment!Brojo Gopal Das and ors. Vs. Kalipada Banerjee and ors.
Court: Kolkata
Decided on: Jan-27-1959
Reported in: AIR1960Cal92
P.N. Mookerjee, J.1. These three appeals are directed against the declaration, granted by an Election Tribunal, that a certain parliamentary election is void. The respective appellants are Sri Brojo Gopal Das, and Sri Nirmal Chandra Das, two or the persons who were substituted under Section 116 of the Representation of the People Act, 1951, in place of the original contesting respondent before the Tribunal, namely, Sri Biren Roy, who was the successful candidate at the above election, upon the latter's retirement from contest, and the said Biren Roy himself is the appellant in the third or the other appeal.2. The proceedings had had a chequered career before the Tribunal and they were lively and interesting and the questions that arose for consideration bad also their own peculiar difficulties and interest.3. The election in question was the last General Election of the Calcutta South-West Parliamentary Constituency, held in March 1957, in which Sri Biren Roy was elected from the said ...
Tag this Judgment!Olga thelma Gomes Vs. Mark Gomes
Court: Kolkata
Decided on: Jan-27-1959
Reported in: AIR1959Cal451,63CWN395
S.C. Lahiri, J.1. This is a Reference under Section 17 of the Indian Divorce Act for confirmation of a decree nisi for dissolution of marriage between the petitioner Olga Thelma Gomes and her husband Mark Gomes. The petitioner filed the petition for dissolution against her husband on the allegation that her husband was guilty of adultery coupled with desertion for more than two years and also on the allegation that her husband was guilty of adultery coupled with cruelty. From the marriage certificate which has been produced in this case it appears that the petitioner was married to the respondent on 26-4-1936, at St. Francis Xavier Church at 68, Bow Bazar Street according to Christian rites. As a result of the marriage one daughter was born to the petitioner. Upon the evidence which has been believed by the court below the petitioner and her husband lived happily for some time and their last matrimonial home was at premises No. 38 Beckbagan which is within the jurisdiction of the Distr...
Tag this Judgment!Rajubala Dasi Vs. Nidhuram Pandit and ors.
Court: Kolkata
Decided on: Jan-22-1959
Reported in: AIR1960Cal65
Renupada Mukherjee, J. 1. The only question of law urged on behalf of the appellant in this appeal is whether an agreement for reconveyance of a property executed by a purchaser simultaneously with the purchase of the property can be specifically enforced on behalf of a minor. 2. The above question of law has arisen from the following facts and circumstances about which there is no longer any controversy. Some properties were purchased from the respondents of this appeal by appellant Rajubala Dasi by a kobala on 8th Bhadra, 1354 B. S. (corresponding to 25th August, 1947) for a consideration of Bs. 250/-. Two other documents were executed between the parties on the same day. Nidhuram Pandit, one of the vendors, executed a bharanama on the same date taking lease of the properties sold by himself and his co-sharers at a monthly rent of Rs. 2/-for a period of two years. The third document was a deed of agreement executed by purchaser Rajubala under which she agreed to reconvey the properti...
Tag this Judgment!Sambhu Lal Ram Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-22-1959
Reported in: AIR1959Cal784,1959CriLJ1435
Renupada Mukherjee, J. 1. This appeal arises in connection with an application for execution made by the Collector of 24 Parganas for realising some maintenance money through the Civil Court. Apparently the application for execution was filed by the Collector under the provisions of Sub-section (3) of Section 386 of the Criminal Procedure Code. The only objection taken by the appellant in the executing court was that the Civil Court has no jurisdiction to entertain an application of this kind and the order passed by a Magistrate under Section 488 of the Code of Criminal Procedure is not executable through the Civil Court. The application for execution was made by the Collector under Sub-section (3) of Section 386 of the Criminal Procedure Code because the Magistrate who had passed the order for maintenance had issued a warrant to the Collector authorising him to realise the amount due from the appellant. There can be no question that such a warrant shall be deemed to be a decree and th...
Tag this Judgment!Deo Karan Agarwalla Vs. Satyendra Ghosaul and ors.
Court: Kolkata
Decided on: Jan-21-1959
Reported in: AIR1959Cal621,63CWN361
ORDERB.K. Guha, J. 1. This is an application under Section 115 of the Code o Civil Procedure at the instance of one Deo Karan Agarwalla and it is directed against an order passed by a Munsif of Alipore in respect of a petition under Order 21 Rule 97 of the Code of Civil Procedure by the decree-holders. 2. Before going into the merits of the case it is necessary to state certain facts. Opposite parties 1 to 19 are the shebaits of a debutter estate known as Bhukailash Raj Estate. Many years ago the predecessors of Satyadhan Ghosal and others are stated to have taken settlement of the suit lands from the shebaits of the debutter estate. Later on a portion o this land was surrendered and the remaining six bighas and thirteen cottahs continued to be possessed by Satyadhan Ghosal and his co-sharers. It is the case of the petitioner that Satya Dhan Ghosal and his co-sharers are settled raiyats as contemplated by the Bengal Tenancy Act in respect of the said plot of land which was settled by t...
Tag this Judgment!Sm. Katip Bibi Vs. Fakir Chandra Ghosh and ors.
Court: Kolkata
Decided on: Jan-20-1959
Reported in: AIR1960Cal187
B.N. Banerjee, J.1. The plaintiff is the appellant before me.2. The suit, out of which this second appeal arises, was one for specific performance of a contract of re-conveyance of the disputed property.3. The facts which are not disputed before me, may he summarised as hereinafter appearing. On 23-5-1923, one Rostam Ali conveyed to the predecessor-in-interest of the defendants Nos. 1 to 3 agricultural land measuring 5.22 acres, for a consideration of Rs. 1299/-. Only two days thereafter, on 25-5-1923, there was an agreement between the vender. Rostam Ali, and the purchaser, the prede-cessor-in-interest of the defendants Nos. 1 to 3 for re-conveyance of the property either to Rostam Ali or to his heirs or legal representatives, if only the consideration money was repaid either by Rostam Ali or by his heirs in the month of Chaitra of any year subsequent to the year 1333 B. S. There was a further condition in the said agreement that even if Rostam Ali and his heirs failed to repay the co...
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