Kolkata Court April 1884 Judgments
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Ashanullah Vs. Kali Kinkur Kur and ors.
Court: Kolkata
Decided on: Apr-17-1884
Reported in: (1884)ILR10Cal675
Field, J.1. The plaintiff in this ease purchased two-thirds of a property consisting of ten houses. One of these houses has since fallen down, or otherwise been destroyed, and the present dispute concerns nine houses only. The plaintiff sued to have a partition, and he said that he intended to break down and remove those houses, of which he would obtain possession by this partition.2. The Munsif gave him a decree for six houses out of the nine, holding that this was the arithmetically proportionate share of the property. An appeal was then preferred to the Subordinate Judge, and the Subordinate Judge, evidently influenced by the idea that the case was a hard one, directed that the houses should be valued, and that two-thirds of the value, together with legal interest, should be given to the plaintiff.3. The plaintiff now contends that the Subordinate Judge had no right to give him the price of the houses instead of the houses themselves, and we think that upon this bare contention the ...
Khadem Ali Vs. Tajimunnissa and ors.
Court: Kolkata
Decided on: Apr-17-1884
Reported in: (1884)ILR10Cal607
Field, J.1. The only point upon which we need make any observation in this case is the contention that a copy of a register kept under the provisions of Bengal Act I of 1876, was not admissible in evidence to prove that the parties had agreed that the wife would, under certain circumstances, have the right to divorce her husband. Section 6 of the Act directs that every Mahomedan Registrar shall keep certain books, and amongst them Book I, which is a register of marriages in the form 'A' contained in the schedule annexed to the Act. Now, the 14th Clause of form 'A' is: 'Special conditions, if any.' It is clear, therefore, that the special condition relied upon in this case was a matter which, under the provisions of the Act, it was the duty of the Mahomedan Registrar to enter in the register kept in accordance with the directions of the Act.2. This being so, we think that the copy of the entry in the register was legal evidence.3. We have heard the learned vakil on the other points rais...
Queen-empress Vs. Nga Tha Moung and ors.
Court: Kolkata
Decided on: Apr-04-1884
Reported in: (1884)ILR10Cal643
Prinsep, J.1. This case arises out of a reference by the special Court of British Burmah made under Section 80, Clause (b), of the Burmah Courts' Act.2. The point submitted for decision is stated to be whether the local Government has power to transfer for trial to the Court of Commissioner a criminal case duly committed for trial to the Court of the Recorder of Rangoon.3. We would, however, premise by stating that the point on which the Judges of the special Court in British Burmah have differed is not accurately expressed, in so far as it has arisen from the case before them. We find rather from the record that the case really for our decision is whether the local Government has power to direct that a case duly committed to the Recorder of Rangoon in which the accused are natives shall be transferred and tried in any Sessions division, or, as in the present case, in the Sessions division of Pegu.4. By Section 60 of the Burmah Courts' Act the Recorder is empowered to exercise the powe...
Queen-empress Vs. Nowab Jan
Court: Kolkata
Decided on: Apr-03-1884
Reported in: (1884)ILR10Cal551
Mitter, J. (Maclean, J., concurring)1. We have no doubt that the District Magistrate has mistaken the law throughout.2. It appears that on a charge preferred by Pir Bux, the Police sent up one Nowab Jan for trial, under Section 448 of the Penal Code.3. Pir Bux subsequently, on 19th December, petitioned the Magistrate (of the first-class), asking that as the case had been amicably settled, and that as he did not wish to proceed with the case, it might be disposed of.4. The Magistrate accordingly endorsed the petition, 'Compromised; defendant acquitted.'5. As it appears that Pir Bux was the person described in the third column of the table attached to Section 345, and that the offence is described in the second column of that table, it is clear that the order of the Magistrate of 20th December is quite correct and legal.6. Neither Section 259 nor Section 248 of the Criminal Procedure Code has any bearing on the case; as all that is necessary regarding the compounding of the offence that ...
In Re: Goods of Cowar Suttya Krishna Ghosaul, Deceased
Court: Kolkata
Decided on: Apr-03-1884
Reported in: (1884)ILR10Cal554
Cunningham, J.1. It appears to me that the circumstances set out in the petition of the applicants are sufficiently special to take the case out of the operation of the rule laid down by Mr. Justice Pontifex in the case of Ram Chund Seal I.L.R. 5 Cal. 2 and therefore I make the order as prayed....
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