Kolkata Court July 1886 Judgments
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Fajaleh Ali Miah Vs. KamaruddIn Bhuya
Court: Kolkata
Decided on: Jul-10-1886
Reported in: (1886)ILR13Cal170
Wilson and Porter, JJ.1. The only compromise which a Court can in any case be bound under Section 375 of the Civil Procedure Code to enforce is one which adjusts the suit wholly or in part-not one which goes beyond the suit.2. The compromise proposed in the present case embodies a new contract, much wider in its scope than the mere adjustment of the claim in suit. We think, therefore, that the Small Cause Court Judge is not bound to enforce it, and, if not so bound, he is certainly right to refuse.3. He cannot, however, modify it. He must leave the parties to proceed with the case as they may choose....
Lala Kedar Nath Vs. Nowbat Roy and ors.
Court: Kolkata
Decided on: Jul-09-1886
Reported in: (1886)ILR13Cal219
Wilson and Porter, JJ.1. The only point before us in this appeal is as to the date on which the plaintiff is to be taken to have attained his majority, whether on the completion of his eighteenth or on the completion of his twenty-first year. If a guardian was duly appointed according to law, then under the Majority Act he would not attain his majority until the completion of his twenty-first year. If such appointment of a guardian was not duly made, he would attain his majority on the completion of his eighteenth year.2. The fact is, as found, that an application was made for a certificate of guardianship, and an order was passed for the issue of a certificate, but that order was apparently abandoned, and no certificate was ever obtained.3. It appears to us that under the Minors' Act it is the certificate which creates the relation of guardian and ward, and that the actual obtaining of the certificate is what is meant by the appointment of a guardian referred to in the Majority Act.4....
Kali Krishna Tagore Vs. Golam Ally
Court: Kolkata
Decided on: Jul-07-1886
Reported in: (1886)ILR13Cal248
W. Comer Petheram, C.J. and Ghose, J.1. This appeal arises out of a suit brought by the plaintiff Baboo Kali Krishna Tagore, who is the zamindar of pergunnah Edilpore, against Golam Ally, the defendant, to eject him from certain lands situate in that pergunnah; and for a declaration that the defendant's allegation made in a previous suit between the parties, that he, the defendant, had a permanent howla interest in the lands is untrue. The plaint sets forth that the lands in suit, which are within a property named Haturea, were leased out to the defendant's father, one Mahomed Ashak in 1234 (1827) as a kursa or ordinary ryoti tenure to be held by him as a tenant-at-will; that the said tenure was not granted for agricultural purposes; that subsequently, in the years 1250 (1843) and 1264 (1857) respectively, two dowls or kabuliyats were executed by the said Mahomed Ashak in favour of the plaintiff's father, Baboo Gopal Lal Tagore, in respect of the said lands at enhanced rents, the rent ...
Murari Chowdhry and anr. Vs. Srihary Mundul
Court: Kolkata
Decided on: Jul-02-1886
Reported in: (1886)ILR13Cal257
Prinsep and Beverley, JJ.1. This appeal relates to the execution of a decree passed by the Subordinate Judge of Moorshedabad, which has been transferred under Section 223 of the Code of Civil Procedure, to the District Court of Beerbhoom. The application for transfer was made on the 4th March 1884, and before transferring the decree the Subordinate Judge of Moorshedabad issued the notice required by Section 248 on the judgment-debtors. After report made of due service, the proceedings requisite for transfer of the decree were taken. On the application of the decree-holder, certain properties belonging to the judgment-debtors were attached in the district of Beerbhoom, on which one of the judgment-debtors objected to the attachment, and obtained an order under Section 239 staying execution of the decree so as to enable him to apply to the Moorshedabad Court to consider his objections. The exact terms of this order are not before us, because the order in appeal is from the Moorshedabad C...
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