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Kolkata Court November 1895 Judgments

Nov 27 1895

Norendra Nath Pahari, Minor Under the Court of Wards Vs. Bhupendra Nar ...

Court: Kolkata

Decided on: Nov-27-1895

Reported in: (1896)ILR23Cal374

Banerjee, J.1. This appeal arises out of an application for execution of a decree obtained by the predecessor in title of the appellant against Rani Anandmayi Debi, widow of Raja Gajendra Narayan Roy.2. The facts of the case which are necessary to be referred to for the purposes of this appeal, and which are not disputed, are shortly these: Raja Gajendra Narayan Roy borrowed a certain sum of money from the predecessor in title of the appellant, and before the debt was paid off, he died leaving him surviving his widow, Rani Anandmayi Debi, who was appointed executrix to his estate by his will, and was authorized to adopt a son. After the death of Raja Gajendra Narayan Roy, Rani Anandmayi obtained probate of the will and remained in possession of the estate, and whilst so continuing in possession of the estate, she borrowed a further sum of money from the appellant's predecessor in order to pay off certain Government revenue due from the estate of her deceased husband, and executed a bon...

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Nov 26 1895

In Re: P.H. Mcadam

Court: Kolkata

Decided on: Nov-26-1895

Reported in: (1896)ILR23Cal187

Ameer Ali, J.1. This is an application for letters of administration by-Mr. G. Ward, manager of the Calcutta Branch of the Delhi and London Bank. A question has arisen whether the power-of-attorney sent out from England in favour of Mr. Ward is sufficient, inasmuch as it does not bear the stamp necessary under the English law. The document complies with the Stamp law of this country, and so far as it is intended to have any operation, its operation is confined to British India. It seems to me, looking to the Stamp law of this country, that the power-of-attorney is valid and in form according to the requirements of the Indian Statute. It is not necessary for this Court to see whether a power-of-attorney, which has operation in this country, complies with the fiscal requirements of another country. No doubt there is an old case Clegg v. Levy 3 Camp. 166 in which Lord Ellenborough seems to have expressed an opinion adverse to the opinion of this Court, but there are other cases of a more ...

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Nov 20 1895

Sudhama Upadhya and ors. Vs. Queen-empress

Court: Kolkata

Decided on: Nov-20-1895

Reported in: (1896)ILR23Cal328

Ghose and Hill, JJ.1. The circumstances under which we granted this rule were these : On the 4th June last the Mahomedan festival of Bakr Id, a somewhat serious riot took place at Kindwa, a village near Barrakar and adjoining the works of the Bengal Iron Steel Works Company, in the course of which the mosques of the village were invaded by a large body of armed Hindus, the worshippers ejected, and many of them injured. From the sketch of the occurrence of the day, given in his judgment by' the Magistrate who afterwards tried the persons accused of complicity in the riot, we derive the following particulars : In the early morning of the 4th June information was given to the managers of the above mentioned company that there was a likelihood of a disturbance taking place between the Hindus and Mahomedans of the village, in which it appears a large number of the company's employees live. The managers did what they could by communicating with the leaders of the two communities to avert a c...

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