Kolkata Court July 1889 Judgments
Chowdhry Jogessur Mullick and ors., Sons and Heirs of Chowdhry Janmejo ...
Court: Kolkata
Decided on: Jul-16-1889
Reported in: (1890)ILR17Cal148
Prinsep and Hill, JJ.1. The question raised in this appeal relates to the construction of Section 54 of the Revenue Sale Law (Act XI of 1859). A share admitted to special registry under Sections 10* and 11 was advertised for sale for arrears of Government revenue for the June hist. Subsequent to the default and before the sale, the recorded sharer mortgaged his interests in that share. The question before us, therefore, is: what are the rights under this mortgage as against the purchaser at the subsequent sale for arrears of revenue2. Section 54 declares that in a sale of this description 'the purchaser shall acquire the share or shares subject to all encumbrances, and shall not acquire any rights which were not possessed by the previous owner or owners.' The certificate granted to such a purchaser is by Section 28 declared to be a certificate in the form prescribed in Schedule A, and this form declares that the purchase under which the title accrues takes effect on a date which is the...
Tag this Judgment!Purmeshur Chowdhry and ors. Vs. Brijo Lall Chowdhry and ors.
Court: Kolkata
Decided on: Jul-16-1889
Reported in: (1890)ILR17Cal256
Pigot and Rampini, JJ.1. This is an appeal from the decision of the Munsif of Hajipore. Under the terms of an order made by this Court it has been brought up here to be heard as a regular appeal before us.2. In the suit the plaintiffs ask for a declaration that certain land was in their possession for a long time, and that the defendants have no concern with it. They ask also for a decree for possession and for wasilut.3. The Munsif gave the plaintiffs a decree. The facts established in the opinion of the Munsif, from which we see no reason whatever to dissent so far as the findings of fact go, are that the plaintiffs were in possession of the land in question, that is, their bari land which skirts their house; and that they were dispossessed by the defendants of that land. The Munsif, finding these faces and without making any finding as to the length of the plaintiffs' possession prior to their dispossession, gave them a decree.4. This suit was instituted much more than six months af...
Tag this Judgment!Queen-empress Vs. Sarat Chandra Rakhit
Court: Kolkata
Decided on: Jul-15-1889
Reported in: (1889)ILR16Cal767
ORDERW. Comer Petheram, C.J., Tottenham, Trevelyan, Ghose and Beverley, JJ. 1. The facts of this case are sufficiently set out in the Order of Reference The question referred to us for our decision is the following:Can a Sessions Judge try a person for an offence punishable under Section 196 of the Penal Code, when he has, as a District Judge, given sanction for the prosecution under the provisions of Section 195 of the Code of Criminal Procedure?' The reference has been rendered necessary in consequence of the decision in Madhub Chunder Mozumdar v. Novodeep Chunder Pundit I.L.R. 16 Cal. 121.2. Section 487 of Code of Criminal Procedure now in force runs as follows:Except as provided in Sections 447, 480 and 485, no Judge of a Criminal Court or Magistrate, other than a Judge of a High Court, the Recorder of Rangoon, and the Presidency Magistrates, shall try any person for any offence referred to in Section 195, when such offence is committed before himself or in contempt of his authorit...
Tag this Judgment!In Re: A.J. Primrose
Court: Kolkata
Decided on: Jul-13-1889
Reported in: (1889)ILR16Cal777
Norris, J.1. On Thursday, an application was made to me in Chambers by Mr. Cowie for letters of administration to this estate to be granted to the Hon'ble Bouverie Francis Primrose under these circumstances:2. It appears that Mr. Arthur John Primrose, who was a member of the Bengal Civil Service, was drowned in crossing from Ostend to Dover, and on application to the Sheriff of the Lothians and Peebles, his father, Bouverie Francis Primrose, was appointed, what is called in Scotch law, Executor Dative qua Father, and executed a power of attorney in Scotland in favour of the applicant here, authorizing him to take out letters of administration. The power of attorney was executed in the presence of Mr. Rutherford, a writer to the Signet, and J. McGillawie, a law clerk. Mr. Rutherford makes a declaration before the Lord Provost of Edinburgh, in which he declares that the power of attorny is signed by Mr. B. F. Primrose, and that the signatures of the witnesses are of their own proper hand...
Tag this Judgment!A.M. Dunne, Receiver to the Bhukoilash Ghosal Family Estate Vs. Nobo K ...
Court: Kolkata
Decided on: Jul-10-1889
Reported in: (1890)ILR17Cal144
Gordon, J.1. This is a compensation case under the Land Acquisition Act (Act X of 1870). The Collector acquired 21 bighas 5 cottahs and 8 chittacks of land for public purposes, namely, for the construction of the Kidderpore Docks, and he assessed a sum of Rs. 11,751 as compensation for the same, and as the tenant of a portion of the land 80 acquired refused to accept the compensation tendered, the Collector referred the case to the Judge under Section 15 of the Act.2. The parties who appeared before the Judge agreed to accept the amount of compensation assessed by the Collector, but they were unable to agree as to the proportion in which the compensation was to be divided among themselves. The appellant before us claimed a share of the compensation on the ground that he held 5 bighas and 12 cottahs of the land as a maurasi mokurari tenure under the lakhirajdar, who, while admitting that the appellant held the tenure, alleged that it was merely a tenure hold as a tenancy at will, and no...
Tag this Judgment!Nur Mahomed Vs. Bismulla Jan
Court: Kolkata
Decided on: Jul-09-1889
Reported in: (1889)ILR16Cal782
Trevelyan and Beverley, JJ.1. In this case the Officiating Magistrate of the Northern Division made an order against Nur Mahomed, the applicant before us, directing payment of Rs. 15 a month for the maintenance of a child, which the Magistrate found to be his child by one Bismulla Jan. We were asked, in the exercise of the revisional jurisdiction of this Court, to set aside that order. We gave a rule, and we were to a very great extent, if not entirely, induced to grant that rule by the circumstance that the Magistrate had compared the child, produced in Court, with what he recollected of the lineaments of Nur Mahomed, who had not appeared in Court, and thus acted upon the information, which he had obtained otherwise than in his Magisterial capacity, and also by the circumstance that he relied on the resemblance of name between the infant and the putative father. In granting the rule, we stated that the fact that Nur Mahomed had not been called as a witness was a circumstance weighing ...
Tag this Judgment!Jotendronauth Mitter Vs. Raj Kristo Mitter and anr.
Court: Kolkata
Decided on: Jul-08-1889
Reported in: (1889)ILR16Cal773
Norris, J.1. This is an application to transfer a suit from the Court of the Second Subordinate Judge of the 24-Pergunnahs to this Court. The suit was instituted by a minor through his mother as next friend against his grand mother and uncle. The facts are of an extremely unusual character. The minor plaintiff is the son of one Nilmadhub Mitter, who was convicted last year at the criminal sessions, presided over by WILSON, J., of the murder of his father, Khetter Mohun Mitter, and sentenced to transportation for life. He now sues for partition of the family estate, alleging that his father, by virtue of his conviction, is disentitled to succeed to the estate, being civilly dead, and that he, his infant son, is entitled to step into his father's shoes, and is entitled to a partition. The suit is defended by the widow of the murdered gentleman and by the uncle, the uncle being a minor ; and the defence is that, under Hindu law, the plaintiff is as much excluded from the inheritance as hi...
Tag this Judgment!Kali Krishna Thakur Vs. Hurro Kumar Ghose and ors.
Court: Kolkata
Decided on: Jul-08-1889
Reported in: (1890)ILR17Cal251
W. Comer Petheram, C.J. and Gordon, J.1. The contention before us is that the learned Judge's view of the question of limitation is wrong. Now it is clear that prima facie the claim for rent for 1285 to 1290 is barred. The suit is for arrears of rent, and is therefore governed by the provisions of the Bengal Tenancy Act (Act VIII of 1885), and the period of limitation prescribed for suits for arrears of rent is given in Schedule iii annexed to that Act (see Section 184). The article applicable to the present case is Article 2 (b) of Fart I of this schedule, in which three years is the period of limitation for a suit for the recovery of arrears of rent, and that period begins to run from 'the last day of the Bengali year in which the arrears fell due, where that year prevails, and the last day of the month of Jeyt of the Amli or Fasli year in which the arrears fell due, where either of those years prevails.'2. Unless, therefore, there are some special circumstances in this suit which ex...
Tag this Judgment!Toomey Vs. Rama Sahi
Court: Kolkata
Decided on: Jul-01-1889
Reported in: (1890)ILR17Cal115
Pigot and Rampini, JJ.1. This is a reference made by the First Munsif of Mozufferpore upon a point arising in a suit brought by the owner of the Kanti Indigo Concern against the defendant for damages on account of his alleged failure to cultivate indigo for that concern in the years 1293, 1294, and 1295, in accordance with the terras of an agreement entered into by him and dated the 13th of December 1882. The Munsif has referred to us the question whether by operation of law the word 'assignees' can be imported into that agreement. The agreement was made with Baboos Mathura Das and Hanurnan Das, who assigned, or attempted to assign it to the plaintiff, and the plaintiff as such assignee now sues on that agreement.2. The arguments of the two learned Counsel, who appeared before us on behalf of the plaintiff, went over a very wide range. In stating our opinion that the conclusion of the Munsif was right, we shall limit ourselves to one ground only. We do not propose to deal with the gene...
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