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In Re: Poona Kooer

Type Court Judgment Court Kolkata Decided Aug 25, 1875
~1 min read
https://sooperkanoon.com/case/852190

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Citation
Court
Kolkata
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Act XXVII of 1860 - Review. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Poona Kooer

Legal References

Cases Referred
Hameeda Beebee v. Noor Beebee
Reported In
(1876)ILR1Cal101

Excerpt

act xxvii of 1860 - review. - glover, j.1. baboo moheshchunder chowdhry, who has appeared for the opposite party, contends that the law does not provide for a review in a case like this, and has quoted in support of his argument the case of siva v. chenamma 5 mad. h.c. rep. 417 in which it appears to be laid down that the provisions of the code of civil procedure regarding reviews of judgment are not applicable to orders passed under act xxvii of 1860, but there is another case which has been decided in this court, namely--that of hameeda beebee v. noor beebee 9 w.r. 394 in which the contrary has been ruled, and which ruling we think we ought to follow. we see no reason why this court should not exercise jurisdiction in the matter and consider the merits of the application for demanding security to be taken from mussamut khatun kooer to whom the certificate has been granted.

Full Judgment

Glover, J.

1. Baboo Moheshchunder Chowdhry, who has appeared for the opposite party, contends that the law does not provide for a review in a case like this, and has quoted in support of his argument the case of Siva v. Chenamma 5 Mad. H.C. Rep. 417 in which it appears to be laid down that the provisions of the Code of Civil Procedure regarding reviews of judgment are not applicable to orders passed under Act XXVII of 1860, but there is another case which has been decided in this Court, namely--that of Hameeda Beebee v. Noor Beebee 9 W.R. 394 in which the contrary has been ruled, and which ruling we think we ought to follow. We see no reason why this Court should not exercise jurisdiction in the matter and consider the merits of the application for demanding security to be taken from Mussamut Khatun Kooer to whom the certificate has been granted.

Continue Your Research

Same Parties In Re: Poona Kooer vs Same Subject Civil Same Judge Glover and ;Mitter, JJ.
Civil

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