Kolkata Court September 1875 Judgments
The East Indian Railway Company Vs. the Bengal Coal Company
Court: Kolkata
Decided on: Sep-28-1875
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 : but, to use the words of the learned Advocate-General, 'the plaintiff asks that the defendant be restrained from passing beyond his boundary and committing a trespass on his, the plaintiff's land,' and the line at which the plaintiff' thus seeks to stop the defendant is not admitted by the latter to be his boundary line. On the contrary the defence is that the defendant's land extends to a second line considerably beyond that specified by the plaintiff. The sole question in dispute between the parties is, whether the margin or strip of land between these two lines belongs to the plaintiff or to the defendant. The suit is substantially brought to have it declared as against the defendant that this strip belongs to the plaintiff, and it is, therefore, I think, a 'suit for land' within the meaning o...
Tag this Judgment!In Re: Lukhyakant Bose
Court: Kolkata
Decided on: Sep-17-1875
Reported in: (1876)ILR1Cal180
Richard Garth, C.J.1. We are of opinion that this rule ought to be discharged, and the appeal against Kemp, J.'s decision allowed. It is one of those cases in which the suit might have been brought in the Small Cause Court, and Section 27 of Act XXIII of 1861 forbids any special appeal to this Court. That being so, the question is, whether the Munsif having entertained the suit and decided it, and the Subordinate Judge having heard it on appeal, we have any right to interfere under Section 15 of the Charter Act, not for the purpose of enquiring whether there was any jurisdiction in the lower Court to entertain the suit (about which there can be no doubt), but for the purpose of rehearing the case upon a point of law, which the Judges in the Courts below had a right and were bound to determine, and which would, if the case had been appealable to this Court, undoubtedly have been a good subject of appeal. This, as the late Chief Justice COUCH very truly observed in Karim Sheikh v. Mokhod...
Tag this Judgment!Mokoondo Lall Shaw and anr. Vs. Gonesh Chunder Shaw and anr.
Court: Kolkata
Decided on: Sep-13-1875
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. 70 a month to himself, Gonesh Chunder and Rs. 43 and odd annas to each of the three other sons if they separate. This is to go on for twenty years, Gonesh Chunder managing the property meanwhile, if he dies, the next son in succession is to be manager and so on, and the rest of the profits over and above the Rs. 200 per month are directed to be invested and accumulated. Then the testator declares reads portion of 1st paragraph set out, q. v. supra I.L.R. 1 Cal. 105. Afterwards in the 5th paragraph of the will he says reads 5th paragraph, q. v. supra I.L.R. 1 Cal. 105.2. I entertained some doubts at first whether the passages which I have read amounted to any disposition of the property other than the Rs. 200 a month during the period of twenty years, The words 'neither he nor any of my other sons sha...
Tag this Judgment!In Re: Omritolall Dey
Court: Kolkata
Decided on: Sep-09-1875
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 of the Superintendent of the Presidency Jail under and by virtue of a warrant of commitment to the following effect (reads warrant of commitment, ante, p. 79), and that he is detained under the authority of this commitment, and for no other cause.2. The affidavits which have been filed on behalf of Omritolall Dey disclose facts which, if they are true, show that when Omritolall was taken by the bailiff he was privileged from arrest, and that therefore the commitment was illegal. It follows that as the jailor shows no other cause for detaining his prisoner the detention is illegal and he ought to be discharged. The commitment, however, purports to be a commitment made by the Court of Small Causes by way of execution of its own judgment in a civil suit, and therefore a commitment suc...
Tag this Judgment!Nobo Doorga Dossee and anr. Vs. Foyzbux Chowdhry
Court: Kolkata
Decided on: Sep-02-1875
Reported in: (1876)ILR1Cal202
Richard Garth, C.J.1. The plaintiff brings this suit for the purpose, as she says, of obtaining an abatement of her rent for the future; and she claims in this suit the precise measure of abatement, Rs. 155, which she had claimed in the suit brought against her by the defendant. The defendant's answer is, 'this question which you now seek to raise, has already been decided between us in the former suit. You claimed the same abatement then as you do now. You attempted to establish it upon the same grounds. You went into the question, not as if the abatement were for one particular year, but for the whole remainder of your interest; and from the very nature of the question, you could not have gone into it upon any other basis.' Nature of the question, you could not have gone into it upon any other basis.' The plaintiff's reply to this is--'no. Your claim then was for the rent of one year only: my defence must necessarily have been confined to that one year; and the result could not bind ...
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