Court : Kolkata
Reported in : (1878)ILR3Cal64
..... and as the questioning of such assumptions of powers is matter of accident not originating with the courts, no argument can be founded on their having hitherto passed unnoticed by the judges. .....
Tag this Judgment!Court : Kolkata
..... court may in no way concern the convicted person; and we think it unreasonable to put such a construction on section 419 as shall make the power of the judge to modify, alter on annul a magistrate's order affecting one, contingent on the accident whether another person has or has not chosen to appeal.3. section 286, by the words 'except in the cases provided for by this act' must include cases in which the power to alter or annul the order of a .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal689
..... he does not say so explicitly, but he evidently desires it to be understood that this is all that he heard of his wife between 1866, when she left him, and february 1877, when by a mere accident he was informed by a person at benares that his wife was then at burdwan with mr. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal184
..... it results from these authorities that the thing cannot be done unless by some accident, without any blame and without any default on the part of the party himself, he has not been heard, and an order has been inadvertently made as if he had been heard.3. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal885
..... in the present case no sum is entered under the head of amount received,' but that is an accident, and makes no, difference in considering the question as to what is the nature of the document which is offered in evidence. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal894
..... is a principle not merely of english law, not a principle peculiar to any system of municipal law, but it is a principle founded in universal law and justice--that is to say, that whoever has land, wherever it is, and whatever may be the accident to which it has been exposed, whether it be a vineyard which is covered by lava or ashes from a volcano, or a field covered by the sea or by a river, the ground, the site, the property remains in the original owner. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal778
..... what has occurred in this case, however, is an accident of a different kind. .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal86
..... 1218, is this--it is a general rule illustrated by an abundance of cases that 'wherever a party by fraud, accident, mistake or otherwise' has obtained an advantage in proceedings in a court of ordinary jurisdiction, which must necessarily make that court an instrument of injustice, a court of equity will interfere to prevent a manifest wrong by 'restraining the party, whose conscience is thus .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal477
..... , in the same way precisely as the plaintiff was entitled to a reasonable time for taking delivery, and i think that such reasonable time had not expired when the fire happened, and therefore that the accident was covered by the exception in the bill-of-lading.11. .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal61
..... in the present instance, through the accident that the decree-holder has himself been appointed receiver, payments are made without the direct intervention of the court; but they are, nevertheless, from time to time, certified to the court, since the .....
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