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National Investment Co. Ltd. Vs. Mohendra Nath Kundu and ors.
Court : Kolkata
Reported in : AIR1950Cal163
Das Gupta, J.1. Section 26 (F), Bengal Tenancy Act, as enacted by the amending Act of 1928, gave the immediate landlord of a holding a right of pre-emption, in the cage of a transfer of the holding by the tenant, with a few exceptions. When the Act was further amended the right of the pre-emption was taken away from landlords and given to cosharer tenants. In the present case, the facts are that when a cosharer tenant transferred his interest, in (sic) the opposite parties as landlords exercised their right of pre-emption, and obtained an order by which the interest of the cosharer tenants stood transferred to them. The other cosharer tenant has since transferred his interest to the petitioner, but the opposite parties have no longer any right of pre-emption as 'landlords,' since the law has changed. They claim, however, to have become cosharers of the tenancy as a result of the transfer to them of a cosharer's interest under the old Section 26F, and so, to be entitled to exercise the ...
Tag this Judgment!Province of West Bengal and anr. Vs. Bholanath Sen and anr.
Court : Kolkata
Reported in : AIR1950Cal174,54CWN322
G.N. Das, J.1. This is an appeal by the Province of Bengal against an order dated 23rd September 1946, passed by Mr. J. P. Mukherjee, learned Subordinate Judge, 2nd Additional Court, District 24 Parganas, dismissing an execution case started by appellant.2. The facts are as follows : Bholanath Sen, predecessor-in-interest of the respondents and Tulsimanjuri Dasi filed a suit in forma pauperis, being Title Suit No. 69 of 1939 against Rajlakshmi Dasi and Nabani Gopal Banerjee. On 31st June 1941, the suit was dismissed and under the pro-visions of Order 33, Rule 11, Civil P. C., a decree for payment of Rs. 2484-12-0 being the court-fees which would have been payable to the Government, had the plaintiff not been permitted to sue as paupers, was passed against the plaintiffs in favour of the Government.3. In 1900 the said Bholanath Sen had borrowed a sum of Rs. 8000 from Jogendranath Das on a mortgage. In 1911, Jogendra sued to enforce the mortgage. The Court, however, pass-ed a money decre...
Tag this Judgment!Debendra Nath Dutt Vs. Sm. Satyabala Dasi and ors.
Court : Kolkata
Reported in : AIR1950Cal217,54CWN110
P.B. Mukharji, J.1. This is an application made by a notice of motion. The notice of motion is taken out by the attorney for the plaintiff and is dated 19th August 1949. By special leave the notice of motion was made returnable for 22nd August 1949, The notice of motion asks for the following reliefs :'1. Order getting aside the order of dismissal dated 5th May 1949.2. Restoration of the suit for hearing.3. If necessary, extension of time for making this application.'2. On the day when special leave was asked from the Court to make the notice of motion returnable on 22nd August 1949 the application was not noted as made on that date when the application came on the list on22nd August 1949 the plaintiff did not have the application noted as made even on that date. On 22nd August 1949 directions were obtained from this Court for filing affidavits. Time was taken to file affidavit in opposition by Tuesday week i. e., 30th August 1949 and to file affidavit in reply by the following Monday,...
Tag this Judgment!Bhupendra Nath Mukherjee and anr. Vs. Jyosit Mookerji and ors.
Court : Kolkata
Reported in : AIR1950Cal485,54CWN493
1. These are two appeals on behalf of the judgment-debtors arising out of orders, passed by the Subordinate Judge, Hooghly, disposing of objections raised by them Under Section 47, Civil P. C.2. The judgment-debtors hold certain Patnis under the decree-holders opposite parties. Two suits were brought by the landlord for the realisation of Patni rent which had fallen due.. In September 1944, the suits were decreed: in one case for rent upto the end of 1348 B. S. and in the other upto Ashar 1349 B. S. On 12th March 1945, the landlord decree-holder purchased the Patnis for Rs. 30,000/- and Rs. 25,000/- respectively, which covered a portion of the amounts due under the decrees, viz., Rs. 42,639 11-9 and Rs. 53,254-10-111/2 respectively. On 9th April 1945, some of the judgment-debtors filed applications for setting aside the sale and immediately, thereafter, the landlord moved the Court for the appointment of a Receiver. The two matters were taken up together for hearing on 21st August 1945...
Tag this Judgment!Gyanendra Kumar JaIn Vs. the Crown
Court : Punjab and Haryana
Reported in : AIR1950P& H162; 1950CriLJ599
ORDERFalshaw, J.1. This is a petition Under Section 491, Criminal P. 0,, filed by Gyanendra Kumar Jain on behalf of Bhag Chand Jain who is at present in detention under the provision of Section 3, East Punjab Safety Act, 1949. Generally, the facts are not in dispute, and are as follows. Bhag chand Jain was arrested on 25th March 1949) under B. 21, Punjab Public Safety Act of 1947 at Bhiwani, A case under this section had been registered at the police station at Bhiwani on the day before the arrest, the allegations being that Bbag Ghand Jain was the organizer of Communist workers in the Textile Mills, and for the purpose of creating disorder and fomenting unwarranted strikes, Bhag Chand Jain had been disseminating objectionable literature among the mill hands on 11th March. He was produced before a Magistrate on 26th March and remanded to police custody for one week. On 2nd April a bail application was filed on his behalf but this bad not been disposed of when a further remand was obtai...
Tag this Judgment!NaraIn Singh and ors. Vs. Har Bux Singh and ors.
Court : Allahabad
Reported in : AIR1953All312
Kidwai, J. 1. Respondents 1 to 3 instituted a suit in the Court of the Munsif, Barabanki, for recovery of possession of certain land which formed part of 'ahata no. 1 in village Telwari in the district of Barabanki by demolition of constructions standing upon it and by removal of certain pegs and other alleged encroachments. The suit was contested by the defendants and the trial Court framed four issues. 2. On the date fixed for evidence namely 20-10-1943 the plaintiffs were present in person with their advocate, Mr. Durga Dayal, and the defendants were represented by Mr. Ajodhia Prasad. Only one of the defendants, Jagmohan Singh, respondent 4 was present in person. On 20-10-1943 the Court recorded the following proceedings: 'Parties and their pleaders agree that if Raj Bahadur Singh, plaintiff 2 states with 'Gangajali' in his hand that the defendants have encroached upon the plaintiffs' land and the encroached portion is not on the old foundation, the suit be decreed with costs, other...
Tag this Judgment!Commissioner of Income-tax, Mysore Vs. Imperial Tobacco Co. of India L ...
Court : Karnataka
Reported in : AIR1950Kant1; [1956]26CompCas121(Kar)
ORDER1. This is a reference by the Commissioner of Income-tax under Section 66(2), Mysore Income tax Act. The assessee is a company registered under the Indian Company's Act which has its head office in Calcutta and is engaged in the manufacture and sale of cigarettes. The manufacturing establishment is at Calcutta but the sales are effected all over India including Mysore the Company does not sell the goods directly in the market and has provided a special machinery for carrying on the business. It has depots in several towns or cities one of which is at Madras to cater to the demands of the surrounding area for portions of which a 'distributor' or 'customer' as he is called since 1941 is appointed. During the period between 1st August 1935 and 15th November 1944, the depot in Madras was shifted to Bangalore C and M Station. In the year relevant to the case there were 43 'customers' of the company in Mysore each of whom had to operate within a particular, defined 'territory'. These 'c...
Tag this Judgment!Sirkar Prosecutor Vs. Ananthan Kuttan
Court : Kerala
Reported in : AIR1950Ker12; 1950CriLJ653
Koshi, J.1. This is an appeal by Government against the acquittal of accused 1 in Sessions ease no. 23 of 1123, on the file of the Sessions Court, Trivandrum, of the offence of murder. There were, in all, 3 accused persons in that case. Accused 1 was charged with causing the death of one Devadasan by stabbing him With a pen-knife and causing hurt to one Kunju. Bankaran (P.W. 2) who was Devadasan'a em-ployer. He was also stabbed with the same knife as killed Devadasan. Accused 2 and 3 were Obarged with abetment of the commission of these offences by accused 1. The learned Sessions Judge who held the trial acquitted accused 2 and 8 and found accused l not guilty of the offence Of murder. Though it was found on the evidence tbat Devadasan died as a result of the injury he sustained by accused 1 stabbing him with a pen. knife, the learned Judge held that accused l did it in the exercise of the right of private defence of his own body. Ho was therefore acquitted of murder. At the same time ...
Tag this Judgment!Mt. Gulab Vs. Devilal Gokal Chand
Court : Rajasthan
Reported in : AIR1951Raj136
Amar Singh, J.1. The resp. brought a suit for a declaration that he was the adopted son of one Motilal Mahajan of Bijoliyan & for an injunction that the applt. & Mt. Motiya Bai be restrained from wasting the property of Motilal. He alleged in his plaint that Motilal called him from his village Dhangao in Asoj St. 1995, & kept him as an adopted son & that after Motilal death he performed all the rites & ceremonies relating to his (Motilal) death. The defts. denied the factum as well as the validity of the alleged adoption. The learned munsif Bijoliyan who filed the case came to the conclusion that the adoption was in fact made & it was valid according to the custom prevailing among the Jains to which religion Motilal & the parties belonged. He consequently decreed the suit against both the defts. On appeal the learned Dist. J., Bhilwara modified the decree in that he disallowed the relief for injunction & refused declaration as against Mt. Motiya Bai. So fat as the applt. is concerned, ...
Tag this Judgment!In Re: Bhaurao Karbhari Aware
Court : Mumbai
Reported in : AIR1950Bom126
Weston, J.1. This is an application made by one Bhaurao Karbhari Aware for exercise of our powers under Section 491, Criminal P. C in relation to one Dagdu Vithal Zolekar, uncle of the applicant, who is under detention by order of the District Magistrate of Ahmednagar made under Section 2 (1), Bombay Public Security Measures Act, 1947.2. The order detaining the detenu has been made by the District Magistrate of Ahmednagar on 24th March 1949. The material part of the order is as follows :'And whereas I, R. C. Joshi, Esquire I. C. S., District Magistrate, Ahmednagar, am notified that the said Dagdu Vithal Zolekar is likely to act in a manner prejudicial to the public safety of Akola town and other villages in Akola Taluka, District Ahmednagar.''Now, therefore, in exercise of the powers conferred by Clause (a) of Sub-section (1) of Section 2 of the said Act, I hereby direct that the said Dagdu Vithal Zolekar be detained.'Later, on 8th April 1949, the District Magistrate furnished to the d...
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