Kolkata Court May 1886 Judgments
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In Re: Nobedeep Chunder Shaw, an Insolvent
Court: Kolkata
Decided on: May-05-1886
Reported in: (1886)ILR13Cal68
Norris, J.1. I do not think it necessary that I should take time to consider what judgment I should give in this case, or encumber the record with an elaborate investigation of the older authorities in a case where the question is set at rest by the decision of the Appeal Court In Ex parte Jones L.R. 18 Ch. D. 109, the principle of which was adopted in the Court of Appeal in Ireland in the case of In re Rainys 3 Ir. L. Rep. Ch. 459. It seems to me that the provisions of the Contract Act are much stronger than the Infants Relief Act, a provision which formed the basis of the decision in Ex parte Jones. I therefore think this adjudication should be set aside....
Bani Madhub Mitter Vs. Matungini Dassi and ors.
Court: Kolkata
Decided on: May-05-1886
Reported in: (1886)ILR13Cal104
W. Comer Petheram, C.J.1. The reference in these two cases involves the question of the construction of Section 12 of the Limitation Act read along with article 152 of the second schedule of the same Act.2. Article 152 limits the time for an appeal under the Code of Civil Procedure to the District Judge to 30 days from the date of the decree or order appealed against; and the question is, from what date is this period to be computed3. The first question is, what is the date of the decree, and for the purpose of ascertaining that, it is necessary to look at Section 205 of the Code of Civil Procedure. By that section it is provided that a 'decree shall bear date the day on which the judgment was pronounced, and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree,' so that whatever may be the day on which the actual signature is made, the date of the decree, for all purposes, is to be the date on which the judgme...
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