Kolkata Court June 1887 Judgments
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Tulshi Pershad Vs. Raja Misser and ors.
Court: Kolkata
Decided on: Jun-07-1887
Reported in: (1887)ILR14Cal610
1. The first point taken in this appeal is that the lower Appellate Courts wrongly declined to allow the plaintiff, who is the appellant before us, and who was the respondent in the Court below, to urge objections to the decree of the first Court under Section 561 of the Code of Civil Procedure, on the ground that he had not fulfilled the condition of giving notice of such objections within the period allowed. Section 561 permits a respondent to take any objection to the decree which he could have taken by way of appeal, provided he has filed a notice of such objection not less than seven days before the date fixed for the hearing of the appeal. The appeal in the lower Appellate Court was originally fixed to be heard on the 14th December. The notice of objection by the respondent was filed only on the 10th of December. It is shown by his pleader on second appeal that the notice of appeal in the lower Court was received by him on the 9th December, that is, five days before the date fixe...
Hiru Ram Pandey and ors. Vs. Modhusudun Nath Tewari
Court: Kolkata
Decided on: Jun-06-1887
Reported in: (1898)ILR25Cal396
Tottenham and Norris, JJ.1. We are of opinion that this appeal must be allowed, and that the Court of First Instance was right in dismissing the suit.2. It was brought to recover 12 annas of a jagir named Kulherpat, possession of the whole of which has come into the hands of the defendant by transfer from an auction-purchaser under a decree for arrears of rent. It is alleged that the jagir when the sale took place was the joint property of four brothers, and that nothing passed by that sale beyond the right, title and interest of one of the brothers, Hiru Ram Pandey, against whom only the rent decree had been obtained. The plaintiffs sue to get back the other three equal shares.3. It appears that the jagir is one governed by the provisions of Bengal Act I of 1879--the Chota Nagpur Landlord and Tenant Act; that no sale of the tenure itself could take place under a decree for arrears; but that with the consent of the Commissioner the right, title and interest of the judgment-debtor could...
Mahomed Amir Khan Lardli Begum Vs. Mahomed Amir Khan
Court: Kolkata
Decided on: Jun-06-1887
Reported in: (1887)ILR14Cal615
1. It seems to us impossible to interfere in this case with the decision of the District Judge.2. This application was under Act IX of 1861 by a Mahomed an father for the custody of his two children--a boy aged eleven and a girl aged seven. The application was opposed by the mother, who appears to be living separately from her husband ; and apparently the two are not on good terms. It is admitted that the District Judge's order is in accordance with the received precepts of the Mahomedan law governing the Shia sect, to which both parties belong. Mr. Amir Ali, however, hag asked us, upon the strength of a decision in Fuseehun v. Kajo 10 C. 15. to look further than the personal law of the Mahomedans, and to hold, as was done in that case, that only a female should be appointed, to have charge of a female minor. He asks us to direct that the minor daughter in this case should be left in the custody of the mother, while the boy should be handed over to his father.3. We think that the case ...
Haradhan Maiti Vs. Queen-empress
Court: Kolkata
Decided on: Jun-04-1887
Reported in: (1887)ILR14Cal513
W. Comer Petheram, C.J.1. This ease of Haradhan Maiti is a case in which Mr. Justice Ghose and myself had doubta as to the legality of the conviction, because we felt that a question might arise whether, upon the facts which were found, the offence of forgery had been committed, I do not think we had any doubt that the facts were correctly found by the assessors and the Judge, and that the conclusion of facts at which they arrived was correct; the only doubt we felt was whether those facts amounted to a crime.2. The facts of the case are that in some town a person resided who was suspected of being a professional forger, and upon that suspicion the Sheristadar of the Judge's Court and the police set a trap to catch him, and the trap which they set for him was that they took him a notice which had been used in some suit and asked him to prepare a notice like it, that is, to make an exact imitation of it in that form, only changing, one or two names, and they told him that their object i...
Ramanugra Roy and anr. Vs. AzizuddIn HosseIn and ors.
Court: Kolkata
Decided on: Jun-03-1887
Reported in: (1887)ILR14Cal605
Norris, J.1. The point raised before us by Mr. Sandel in second appeal is that no suit such as this will lie, and in support of his contention he has referred to various decisions of this Court, which, if not completely in his favour, are at least very strongly in his favour. On the other hand, there is at least one case-Ram Ghulam v. Dwarka Rai 7 A. 170--a Full Bench case, to which the present Chief Justice of this Court, then the Chief Justice of Allahabad, was a party, which distinctly holds that such a suit as this will lie.2. We were at first disposed to think that we ought to send this case to a Full Bench, because the balance of our judgment was rather to agree with the Allahabad case than with the cases decided by Division Benches of this Court ; but after hearing the learned Vakil for the respondents we are satisfied that there is no necessity for our so referring this case; indeed, not only that there is no necessity, but that we ought not to do it.3. It has been pointed out ...
Koilash Chundee Dey and Gopinath Dey and ors. Vs. Obhoya Charan Bhoota ...
Court: Kolkata
Decided on: Jun-03-1887
Reported in: (1887)ILR14Cal751
Prinsep and Beverley, JJ.1. In these two cases the tenant claiming rights of occupancy sue, within one year from the date of dispossession, to recover possession from their landlords and others to whom their landlords have let the land.2. It has been found by the lower Court that the tenant in one case has not paid rent for three years previous to the date of dispossession, while the tenant in the other case has not paid rent for upwards of five years. It is therefore contended before us that the tenants are not entitled, as tenants having right of occupancy, to recover possession of the lands, because such rights continued only so long as they paid the rent payable for the lands, and that, inasmuch as they have ceased to pay such rent, their rights have gone. As an authority for this contention, four cases have been cited. It seems to us, however, that none of these cases goes so far as the argument of the learned pleader for the appellant. The cases, generally speaking, go to this ex...
Suit of Collett and anr. Vs. Armstrong
Court: Kolkata
Decided on: Jun-02-1887
Reported in: (1887)ILR14Cal526
ORDERTrevelyan, J.1. In this case I am asked to exercise the power given: to this Court by Section 622 of the Civil Procedure Code and to set aside an order made by Mr. Millett, the Chief Judge of the Calcutta Small Cause Court, refusing to permit the plaintiffs to institute this suit in the Calcutta Small Cause Court2. The suit which the plaintiffs sought to institute was for the purpose, of recovering the sum of Rs. 23-7, the price of goods sold and delivered to the defendant in Calcutta. The defendant is residing at Lucknow. The goods were sold to the defendant in Calcutta, and were delivered to the East Indian Railway in Calcutta for transport to the defendant.3. The 18th section Of the Presidency Small Cause Court Act of 1882 provides that, subject to certain Exceptions (which do not apply to this case), 'the Small Cause Court shall have jurisdiction to try all suits of a civil nature, when the amount or value of the subject-matter does not exceed two thousand rupees ; and the cau...
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