Kolkata Court April 1892 Judgments
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Moung Tso MIn Vs. Mah Htah
Court: Kolkata
Decided on: Apr-27-1892
Reported in: (1892)ILR19Cal469
Ghose, J.1. This is a reference by the Recorder of Rangoon. It has been made in an action for divorce instituted by a Burmese husband against his wife.2. The ground alleged in the petition presented by the husband for obtaining divorce is that the wife has deserted him for no reason whatever, and has been living separate for the last eight months, and that she would not return to his house and resume cohabitation with him. The wife, however, pleads in her written statement that the ground alleged by the petitioner is no ground for divorce according to the Buddhist law, which governs the parties, and that she is justified in not returning to cohabitation with the petitioner, because while she was living with him he used to bring to the house women of loose character and habits, and thereby subjected her to much indignity and anguish of mind, amounting in law to cruelty.3. The learned Recorder begins his judgment by stating that 'the facts are not disputed'; he then refers to a judgment ...
Pertab Udai Nath Sahi Dev Vs. Pardhan Mokand Sing and ors.
Court: Kolkata
Decided on: Apr-20-1892
Reported in: (1898)ILR25Cal399
Prinsep and Hill, JJ.1. This is a suit for arrears of rent brought against the proprietor of a jagir, and together with him are included as defendants various persons said to have subordinate interests in that property created by the jagirdar.2. An ex parte decree was passed against the jagirdar; some of the other defendants appeared and objected to any claim as against them, but no questions relating to these defendants have been considered, nor have these defendants been made liable under the decree.3. The plaintiff, not being satisfied with the ex parte decree against the actual tenant, has appealed to this Court, asking that the tenants of the jagirdar who have been made parties to this case should also be made liable under the decree, in order that their interests might be sold at the same time as the jagir of the actual tenant. It has been stated that this is in accordance with the practice in Chota Nagpur, and, as authority, a circular issued by the Commissioner of Chota Nagpur ...
Queen-empress Vs. Haradhan Alias Rakhal Dass Ghosh
Court: Kolkata
Decided on: Apr-20-1892
Reported in: (1892)ILR19Cal380
Norris and Beverley, JJ.1. This was a reference by the Chief Presidency Magistrate under the provisions of Section 432 of the Code of Criminal Procedure.2. The facts found by the learned Magistrate are as follows:3. The accused, a private student, was desirous of being admitted as a candidate at the Entrance Examination of the University of Calcutta to be held in Calcutta in February 1892.4. The Regulations of the University require that every candidate for admission to the Entrance Examination shall send, either to the Registrar of the University, or to a local officer recognized by the Syndicate, an application with a certificate in the following form:5. (The form is that given above in Exhibit B.)6. On the 23rd December 1891 the, accused sent by post to the Registrar a letter, of which the following is a copy. (Set out above, Exhibit A.)7. Enclosed in this letter was an application and certificate in the prescribed form.8. The application was signed by the accused; and the certifica...
Madan Mohan Biswas Vs. Queen-empress
Court: Kolkata
Decided on: Apr-20-1892
Reported in: (1892)ILR19Cal572
Beverley, J.1. I am of opinion that the rule should be made absolute and the conviction set aside, first, on the ground that the proceedings were irregularly conducted, and that the accused was thereby prejudiced on his trial; and secondly, because in my opinion the evidence is not sufficient to establish an offence under Section 374, Penal Code. I further think that even if the conviction can be sustained, the sentence is excessive. It, moreover, transgresses the provisions of Section 65 of the Penal Code.2. In the first place the Magistrate, though professing to try the accused in respect of three persons only, has admitted a considerable quantity of evidence in respect of other persons, and has used that evidence against the accused. He has in fact examined nine of the persons who are said to have been illegally confined, detained as slaves, and unlawfully compelled to work, and has used their statements regarding themselves as corroborating the statements of the others. Beyond the ...
Judoonath Ghose Vs. Raniganj Coal Association Limited
Court: Kolkata
Decided on: Apr-08-1892
Reported in: (1892)ILR19Cal489
Ghose, J.1. This appeal arises out of a suit for rent for six years, that is to say, from Jeyt 1290 to Bysack 1296, alleged to be due to the plaintiff under a lease dated the 25th September 1875. The defendants are the Raniganj Coal Company, Limited, and the kabuliyat which is produced by the plaintiff in support of his claim for rent was executed by Messrs. Schcene, Kilburn and Company, as the managing agents on behalf of the Raniganj Coal Company.2. In their written statement the Raniganj Coal Company pleaded that no relationship of landlord and tenant existed between the parties; that the defendants had relinquished the leasehold by notice served upon the plaintiff; and that since then the plaintiff had possession of the lands comprised in the lease. They also pleaded that the plaintiff's claim was barred by limitation.3. The Subordinate Judge gave a decree to the plaintiff, being of opinion that he was entitled to maintain the action as framed; that there was no acceptance by him o...
Cohen and anr. Vs. Nursing Dass Auddy
Court: Kolkata
Decided on: Apr-07-1892
Reported in: (1892)ILR19Cal201
W. Comer petheram, Kt., C.J.1. Section 80 of the Code is intended for cases in which the writ should be affixed in the way required by that section after a proper attempt has been made to find the defendant. It is true that you may go to a man's house and not find him, but that that is not attempting to find him. You should go to his house, make enquiries, and if necessary follow him. You should make enquiries to find out when he is likely to be at home, and go to the house at a time when he can be found. Before service like this can be effected it must be shown that proper efforts have been made to find out when and where the defendant is likely to be found--not as seems to be done in this country, to go to his house in a perfunctory way, and because he has not been found there, to affix a copy of the summons on the outer door of his house. I think this affidavit is insufficient, and it is as well that persons should know that such service is not good service, and that suits should no...
Land Mortgage Bank Vs. Sudurudeen Ahmed
Court: Kolkata
Decided on: Apr-06-1892
Reported in: (1892)ILR19Cal358
Trevelyan, J.1. This case has come before me on settlement of issues. The issue which I have now to decide is as to whether this Court has any jurisdiction be try this suit. The remaining issues will have to be determined hereafter.2. The suit is brought by the vendor of a patni taluk situate in the Burdwan district to enforce specific performance of the contract. A portion of the contract was made in Calcutta, and leave to sue has been obtained. The title is accepted in the contract. All the plaintiff really wants is the money for which he has contracted to sell the patni, though of course the relief is mere complicated than in a mere suit for money. I will only now consider the (a) and (c) portions of the prayer of the plaint. The first seeks the ordinary relief in a suit for specific performance, viz., that the agreement may be specifically performed, that a proper transfer may be settled, and that upon the execution and registration of the transfer the defendant may be ordered to p...
In Re: Romon Kissen Sett and ors. Vs. Hurrololl Sett and ors.
Court: Kolkata
Decided on: Apr-04-1892
Reported in: (1892)ILR19Cal334
Trevelyan, J.1. The cases appear to show that a minor can set aside an award on coming of age, and that a natural guardian has power to submit to arbitration. I think the best course to pursue is to make a reference to the Registrar to enquire and report whether the submission to arbitration, and the award is, or is not, for the benefit of the infants....
Peary Mohun Mookerjee Vs. Kunaris Chunder Sircar and ors. (Minors) Rep ...
Court: Kolkata
Decided on: Apr-01-1892
Reported in: (1892)ILR19Cal790
Prinsep and Hill, JJ.1. This is a suit for arrears of rent brought originally against the heirs of a deceased raiyat who had rights of occupancy. Certain persons intervened, and were made parties to the suit in the first Court, who claimed to be the actual occupancy raiyats by reason of a sale to them by the deceased tenant. In the first Court they obtained a decree, the Munsif being satisfied from the kobala that the landlord's fee was paid and that the transfer was valid. The heirs of the deceased tenant were exempted. The landlord then appealed to the District Judge, who found that the appellant was not bound to recognize defendants 5 and 6, that is, the transferees claiming title from the deceased occupancy tenant, or to receive rent from them unless he wished to do so.2. The District Judge came to this conclusion on the evidence, finding that the landlord's fee had not been paid and that the change in the tenancy had not been recognized by the landlord. The District Judge, however...
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