Kolkata Court December 1876 Judgments
Brammoye Dassee on Behalf of Brojo Nath Singh and anr. Vs. Kristo Mohu ...
Court: Kolkata
Decided on: Dec-19-1876
Reported in: (1877)ILR2Cal222
Markby, J.1. In this casts we think the judgment of the first Court was a right judgment, and ought not to have been disturbed by the lower Appellate Court.2. It appears that there were three brothers entitled to a certain property. A decree had been obtained against two of the brothers, Shib Prosad and Bhola Nath. Their rights and interests in the property were sold, and the defendant got into possession. The widow of one of the brothers then brought a suit for declaration of her title to one-third share of the property. An issue was raised whether that share was the right and interest of the plaintiff as alleged by her, or of Shib Prosad and Bhola Nath as alleged by the defendant. There wore other parties to that suit, but that does not seem to be material. After the death of the widow, the heir of her husband brought the present suit for possession. The decree in the former suit was set up as a bar to the present suit; and an issue was raised whether or no that decree was a bar to t...
Tag this Judgment!In Re: Lalla Gopee Chand and ors.
Court: Kolkata
Decided on: Dec-15-1876
Reported in: (1877)ILR2Cal128
Markby, J.1. In my opinion the officer was right in declining to receive the deposit. The applicant claims the benefit of Section 8 of Act VI of 1874 and Section 5 of Act IX of 1871, the 16th of November being the day on which the Court re-opened in the sense that that was the day upon which the Benches sat as usual for the first time. But those sections only apply to suits, appeals, and applications. No application was necessary in this case; the money is merely, brought to the officer of the Court, who receives it making the usual entries, and this could have been done on any day after the 23rd of October.2. I have enquired as to the practice, and I find that it has always been usual, when the last day falls during the period when the offices are closed, for the money to be brought in before the holidays commence.3. I am also asked to give permission that the money be deposited now. I do not think I have power to do that....
Tag this Judgment!Poorno Chunder Coondoo Vs. Prosonno Coomar Sikdar and anr.
Court: Kolkata
Decided on: Dec-07-1876
Reported in: (1877)ILR2Cal123
Pontifex, J.1. I have very little doubt that process of execution means actual process by attachment in execution of the judgment-debtor's person or property. The case of Obhoychurn Dutt v. Mudoosudan Chowdhry 5 Wym. 172 is opposed to this: but I prefer the decision in Shib Chunder Bhadoree v. Luckhee Debia Chowdhrain 6 W.R. Mis. 51. In my opinion mere notice of execution is not sufficient process for enforcing the decree....
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