Kolkata Court March 1898 Judgments
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Basaruth Ali Vs. Lala Hurro Prosad and anr.
Court: Kolkata
Decided on: Mar-09-1898
Reported in: (1898)ILR25Cal909
Trevelyan and Banerjee, JJ1. In this ease a guardian, who had taken out a certificate under Act XL of 1858 on the 27th of May 1884, executed a mortgage, purporting to charge the property of his wards. He did not obtain the sanction of the Civil Court as required by Section 18 of Act XL of 1858. This suit is brought against the wards on the footing of the mortgage. Certain persons, who have purchased the interests of the minors at auction sales, are also parties defendants. Two of the wards have attained majority; one has died, and is represented in this suit by his widow; the fourth is still a minor. The learned Munsif, before whom the case first came, dismissed the suit, on the ground that the mortgage, being without sanction, was void. He declined to try any other issue.2. On appeal the learned District Judge has held that the mortgage was voidable, but has remanded the case for evidence to be taken as to the bona fide nature of the mortgage, and as to its having been executed for le...
Rash Mohini Dasi Vs. Umesh Chunder Biswas
Court: Kolkata
Decided on: Mar-05-1898
Reported in: (1898)ILR25Cal824
Macnaghten, J.1. In this case the appellant Rash Mohini Dasi propounded a document as the will of her late husband Mohim Chunder Biswas, who died on the 18th of March 1891. The District Judge of Nuddea admitted the document to probate. The High Court on appeal reversed his decision and dismissed the appellant's petition with costs.2. The sole question in issue before the High Court was the testamentary capacity of the alleged testator.3. After a very careful review of the evidence from which nothing is omitted, and in which nothing seems to have been unduly pressed, the learned Judges of the High Court state the result of their opinion as follows: ' We think that the evidence of Dr. Bepin '---Dr. Bepin was a duly qualified doctor who attended Mohim during the latter part of his illness---' aided by the admissions of the plaintiff's witnesses, the history of the illness and the circumstances of suspicion which arise in the case, lead to the conclusion first that Mohim is not shown to ha...
Peari Lal Roy Vs. Moheswari Debi and ors.
Court: Kolkata
Decided on: Mar-01-1898
Reported in: (1898)ILR25Cal551
O'Kinealy and Rampini, JJ.1. The learned pleader for the appellant in the case raises two contentions: first, that the service of notice under Section 167 of the Bengal Tenancy Act has not the effect ipso facto of annulling an incumbrance; and, secondly, that the purchaser was not in possession at the time of annulling the incumbrance, the property having then been made over to the grandson of the original mortgagor.2. We think there is no force in either of these contentions. We quite agree with the learned Judge in the Court below that service of a notice under Section 167 does have the effect of annulling an incumbrance without it being necessary for the purchaser to bring a declaratory suit to have it declared that the incumbrance is annulled. This is quite clear from the second clause of Section 164 read with Section 167.3. The learned pleader has also contended that the notice was bad, inasmuch as it was not served within one year from the date of the sale, or of the purchaser ha...
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