Kolkata Court May 1898 Judgments
Balkishen Das and ors. Vs. Simpson
Court: Kolkata
Decided on: May-14-1898
Reported in: (1898)ILR25Cal833
Lord Watson.1. The appellants, plaintiff's in the present suit, were, until the 5th September 1891, proprietors and in possession of a separate 5-annas share of the village of Shahzadpur Anderkilla, situate within the Collectorate of Mozufferpore.2. Down to the year 1884, the jumma or annual revenue payable to the Government in respect of the said 5-annas share was Rs. 89-8-7. In the beginning of 1884, the Board of Revenue sanctioned a reduction of the revenue annually payable, to the extent of Rs. 6-9-10, thus fixing the jumma for the future at Rs. 82-14-9 instead of Rs. 89-8-7; and their decision to that effect was duly communicated to the Collector of Mozufferpore by a letter dated the 3rd March 1884. From that date until the year 1891 the owners for the time being of the 5-annas share continued to make yearly payments to the Collector to account of the jumma.3. It now appears, and it is not disputed, that in 1884 the Collector, on receipt of the decision of the Board of Revenue, er...
Tag this Judgment!Gomer Sirda and ors. Vs. Queen-empress on the Complaint of Ali Shiekh
Court: Kolkata
Decided on: May-12-1898
Reported in: (1898)ILR25Cal863
Maclean, C.J.1. It is only necessary to refer to one or two facts in the history of this case. The petitioners were convicted of rioting on the 15th of March 1897,from which conviction they appealed to the Sessions Judge, who upheld the conviction. An application was then made to this Court to have the conviction set aside, upon the ground, to put it shortly, that the Magistrate had not exercised a proper judicial discretion, in refusing to allow certain witnesses, whom the accused desired to call, to be called.2.That application was successful, and on the 5th July 1897, this Court made the rule absolute, and to quote the language of the Judges, they 'et aside the conviction and sentence and sent the case back for re-trial, the Magistrate commencing the investigation from the point at which it was left on the 15th March before he delivered judgment.'3. It is obvious that the Judges of this Court were under the impression that the same Magistrate would continue to hear the case. It appe...
Tag this Judgment!Bilto Ali Vs. Chhato Ram Minor by His Mother and Guardian Akhaj Sahun
Court: Kolkata
Decided on: May-09-1898
Reported in: (1899)ILR26Cal51
O'Kinealy and Gupta, JJ.1. This is an appeal from a decision of the Subordinate Judge of Ranchi, dated the 9th February 1897.2. The defendant's father had given a bond for money to the plaintiff, and after he died one Akhaj Sahun was appointed guardian, under Act XL of 1858, of the minor and obtained a certificate. That certificate gives him all the powers he can exercise under the late Guardians and Wards Act. Under Section 27 of the present Act large powers are given to the guardian in relation to the property of the ward, but these powers are somewhat limited by Section 29. Before the passing of the latter Act, two kinds of guardians were acknowledged in our Courts, namely, a natural guardian and a certificated guardian, and the powers of a guardian who had obtained a certificate were more limited than those of the natural guardian. The present Act has somewhat enlarged the powers given under Act XL of 1858, but they are certainly not greater than those given to a natural guardian. ...
Tag this Judgment!Rajendro Nath Sanyal Vs. Jan Meah
Court: Kolkata
Decided on: May-05-1898
Reported in: (1899)ILR26Cal101
Jenkins, J.1. The sufficiency of service comes constantly before the Court in dealing with undefended cases, and as it appears to have been thought that I have laid down a rule of practice on the subject beyond the provisions of the Code, I am desirous of removing that misapprehension.2. Section 79 provides that 'when the serving officer delivers or tenders a copy of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons. 'Then in Section 80 it is further provided that, if the defendant or other person refuses to sign the acknowledgment, or if the serving officer cannot find the defendant, and there is no agent empowered to accept the service of the summons on his behalf, nor any other person on whom the service can be made, the serving officer shall affix a copy of the summons on the outer door of the...
Tag this Judgment!Hemanginee Dassee Vs. Kumode Chander Dass
Court: Kolkata
Decided on: May-04-1898
Reported in: (1899)ILR26Cal441
Jenkins, J.1. Suit for a declaration that the plaintiff, as the widow of Herumbo Chunder Dass, deceased, is entitled to proper maintenance and suitable accommodation for residence out of the properties in the hands of the defendant belonging to the estate of Herumbo Chunder Dass, deceased, for suitable allowance for such maintenance and suitable accommodation for such residence; for a declaration that such allowance forms a charge on the said properties; for possession of certain stridhan ornaments and articles forcibly and wrongfully taken possession of by the defendant; or to receive the value thereof, &c.;2. This cause coming on, on the 25th day of November last, the 25th day of April last, and on this day for further directions on the report of the Registrar of this Court, dated the 30th day of March last, and filed on the 21st day of April last, before the Hon'ble Lawrence Hugh Jenkins, one of the Judges of this Court, in the presence of Counsel for all the parties, it is declared...
Tag this Judgment!Foolcoomary Dasi Vs. Woodoy Ghunder Biswas
Court: Kolkata
Decided on: May-04-1898
Reported in: (1898)ILR25Cal649
O'Kinealy, J.1. The matter came before me once or twice with reference to an application by the plaintiff to be allowed to appear through an attorney other than Babu Preo Nath Son, her attorney in this suit. That application I granted; and at my suggestion that the nature of the application was such, (involving as it did the professional conduct of an officer of the Court), that it should be disposed of without delay, the parties agreed that the matter should come on before me on Saturday, the 16th April. On that day there was not sufficient time to deal with it completely; and I directed it to be placed on the ordinary cause list without prejudice to the right of the defendant Woodoy Chunder Biswas to raise the contention that the application was not one that I could entertain.2. Babu Preo Nath Sen, Poshupati Nath Bose, and the defendant Woodoy Chunder Biswas all filed affidavits in answer to the charges brought against them in the plaintiff's petition, and when the matter came on for...
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