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Sep 09 1875

In Re: Omritolall Dey

Court : Kolkata

Judge : Phear, J.

Decided on : Sep-09-1875

Subject : Civil

Reported in : (1876)ILR1Cal79

Phear, J.1. The prisoner Omritolall Dey has been brought before this Court in obedience to a writ of habeas corpus ad subjiciendum. The return to the writ is that Omritolall Dey was received into the custody...

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Dec 22 1875

In the Goods Of: Roymoney Dossee

Court : Kolkata

Judge : Phear, J.

Decided on : Dec-22-1875

Subject : Family

Reported in : (1876)ILR1Cal151

Phear, J.1. Ordered probate to be granted. Will, Attestation of - Succession Act (X of 1865), Section 50--Hindu Wills Act (XXI of 1870), Section 2. -

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Jan 12 1876

Remfry and anr. Vs. Shillingford and anr.

Court : Kolkata

Judge : Phear, J.

Decided on : Jan-12-1876

Subject : Civil

Phear, J.1. I think the Act was only intended to apply to those eases in which the hill itself together with mere lapse of time is sufficient to estahlish for the plaintiff a prima facie right...

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Feb 01 1876

In the Goods Of: Wilson (Deceased)

Court : Kolkata

Judge : Phear, J.

Decided on : Feb-01-1876

Subject : Civil

Reported in : (1876)ILR1Cal150

Phear, J.1. I have read this Section (258) as if there were a comma after the words 'fourteen clear days,' and the word 'respectively' after 'death:' and I understand 'letters of administration' not to include the...

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Dec 13 1875

Gabriel Vs. Mordakai and anr.

Court : Kolkata

Judge : Phear, J.

Decided on : Dec-13-1875

Subject : Family

Reported in : (1876)ILR1Cal148

Phear, J.1. I think I may say the will was revoked by the second marriage; and this will dispose of the present petition. Succession Act (X of 1865), Section 56 - Revocation of Will--Lawful Polygamous Marriage....

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May 31 1875

C. Koegler and ors. Vs. the Coringa Oil Company, Limited

Court : Kolkata

Judge : Phear, J.

Decided on : May-31-1875

Subject : Contract

Reported in : (1876)ILR1Cal43

Phear, J.1. As to this claim the defendants maintain there has been no binding award made; and clearly, as it seems to me, the plaintiffs, on their own showing, cannot succeed on this footing alone.2. In...

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Sep 13 1875

Mokoondo Lall Shaw and anr. Vs. Gonesh Chunder Shaw and anr.

Court : Kolkata

Judge : Phear, J.

Decided on : Sep-13-1875

Subject : FamilyProperty

Reported in : (1876)ILR1Cal104

Phear, J.1. The testator directs his eldest son to pay out of the profits of his business Rs. 200 a month for the family expenses of his sons, if they remain living in commensality, or Rs....

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Feb 14 1876

Kennelly Vs. Wyman

Court : Kolkata

Judge : Phear, J.

Decided on : Feb-14-1876

Subject : Civil

Reported in : (1876)ILR1Cal179

Phear, J.1. The Court intimates it has considered the matter, and refers to Wright v. Pitt L.R. 3 Ch. App. 809 and states it is clear the applicant connot cross-examine upon the affidavit but can only...

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Jan 24 1876

Thakoor Kapilnath Sahai Vs. the Government

Court : Kolkata

Judge : Phear, J.

Decided on : Jan-24-1876

Subject : CivilProperty

Reported in : (1876)ILR1Cal142

Phear, J.1. ordered that the appeal should be struck off the file. Appeal to Privy Council - Dismissal of Appeal for Default in Deposit of Security, and in transcribing Record--Act VI of 1874, Sections 11, 14,...

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Sep 28 1875

The East Indian Railway Company Vs. the Bengal Coal Company

Court : Kolkata

Judge : Phear, J.

Decided on : Sep-28-1875

Subject : Commercial

Reported in : (1876)ILR1Cal95

Phear, J.1. It now appears that the object of this suit is not, as I supposed at first, to enforce an equity against the defendant-company in regard to the user and enjoyment of its own land...

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