Kolkata Court February 1877 Judgments
Dhonessur Kooer Vs. Roy Gooder Sahoy
Court: Kolkata
Decided on: Feb-22-1877
Reported in: (1877)ILR2Cal337
Richard Garth, C.J.1. The judgment which I am about to pronounce is concurred in by Markby and Ainslie, JJ.1. We are of opinion that the periods of limitation prescribed in the 2nd Sched. of the Act of 1871 are to be computed subject to the provisions contained in the body of the Act. The schedules form a part of the Act, and must be read together with it for all purposes of construction.2. We think that the word 'suits' in the Act of 1871 was not intended to include 'applications.' In the Act of 1859 the word might have had a more extended meaning; but in the Act of 1871 a distinction seems to have been carefully drawn between 'suits,' 'appeals,' and 'applications'; each of these subjects being separately dealt with, and in different divisions of the schedule.3. It appears to us, however, that, in the special appeal which is the subject of this reference, the Courts below were wrong in refusing the application of the decree-holder upon the ground that she was barred by lapse of time. ...
Tag this Judgment!Soudaminey Dossee Vs. Jogesh Chunder Dutt and ors.
Court: Kolkata
Decided on: Feb-21-1877
Reported in: (1877)ILR2Cal262
Pontifex, J.1. The plaintiff in this case sues as widow of her deceased husband, Sreenath, for a partition of the estate formerly belonging to Ram Mohun, her husband's grandfather. Ram Mohun had executed a will dealing with this property. (The learned Judge read the clauses of the will set out, and continued) Under this will the plaintiff claims that, on the death of Umachurn, one of the testator's sons, his only son Sreenath, who survived him, became absolutely entitled be Umachurn's share, and that she, as Sreenath's widow, is now entitled thereto.2. This claim is resisted by the defendants, who are willing to admit that Sreenath became entitled under the original gift, but insist that his interest was defeasible under the gift over which I have read. It is, therefore, the interest of neither party to argue that the original gift to the male issue of the testator's sons is invalid as including objects too remote, or, in other words, objects to whom, under the law as now settled, the ...
Tag this Judgment!The Empress of India Vs. Diljour Misser
Court: Kolkata
Decided on: Feb-20-1877
Reported in: (1877)ILR2Cal226
Richard Garth, C.J.1. In this case the prisoner has been convicted of culpable homicide not amounting to murder committed on the 24th May 1861, and sentenced to transportation for life. Act XVII of 1862, under which the prisoner has been tried and convicted for this offence, has been totally repealed by Acts, VIII of 1868 and X of 1872. It has, however, been contended that, notwithstanding this total repeal of Act XVII of 1862, the prisoner may still be tried and convicted under that Act by virtue of the provisions of Section 6 of the General Clauses Act (I of 1868). We have considered this clause, and upon the whole we think that it does not apply to the present case. The conviction, therefore, must be set aside, and the prisoner discharged....
Tag this Judgment!In Re: Chunder Nath Sen and anr.
Court: Kolkata
Decided on: Feb-20-1877
Reported in: (1877)ILR2Cal293
Richard Garth, C.J.1. As the Magistrate states that riot or affray was imminent, and that ho considered that the direction he gave tended to prevent, and was likely to prevent, a riot or affray, and as the facts stated by the Magistrate show that there were some grounds for the opinion which he expressed, we think that lie had power, under Section 518 of the Criminal Procedure Code, to make the order complained of. This Court, therefore, cannot interfere with it under Section 15 of the Statute 24 and 25 Vict., cap. 104; nor can the Court interfere on any other ground, as by Section 520 the order made is declared not to be a judicial proceeding, however much it may infringe upon what are, or may be (irrespective of this section), the undoubted legal rights of the petitioners....
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