Court : Kolkata
Reported in : (1878)ILR3Cal709
..... subordinate judge in spite of warnings of this court insists on persevering in this course, and we think that on this occasion we are justified in interfering under section 15 of the charter act. we do not intend to differ from what the chief justice said in the case, which was heard before himself and mr. justice mitter. the 10th ..... the deceased without enquiring whether he is so or not, is an order which cannot he allowed to stand. properly there ought to have been a formal application under section 15; but as there has been some difference of opinion between the judges of this court upon this matter, we think that we are justified in treating this case ..... 1] see raygo v. pogose misc. sp. appeal no. 104 of 1877 (ainslie and mcdonnell, jj.) in which the learned judges hold that section 304 of act viii of 1859 prohibited an appeal from an order made on proceedings taken under section 210 of the same act. the rule applicable on such cases being analogous to that laid down in respect of .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal564
..... succession.3rd.--that the advocate-gen oral is not a party to the suit.4th.--that no leave of the court to bring the suit has been obtained under section ib of act xx of 1863.2. the right in which the plaintiff's sue is, in our opinion, sufficiently shown. they describe themselves as the persons forming for the ..... 1863, we are unable to agree in the view that it was intended to apply to such a suit as this. the first thirteen sections of the act clearly do not apply, and although the language of section 14, which empowers any person interested in a religious endowment to sue a trustee, is general in its terms, yet we do not ..... in reference to trusts concerning property, which could not, under any circumstances, come under the direct control of government, such a suit as the present is not brought under act xx of 1863, but under the ordinary original jurisdiction of this court, inherited from the supreme court, and conferred upon the supreme court by its charter--a jurisdiction similar .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal794
..... the husband cannot alienate without the consent of the wife.---it cannot have been intended that a widow should get her dower and also the provision under the act. he also referred to section 17 of 21 geo. iii, p. 70.15. mr. agnew in reply referred to nekram jemadar v. iswari prasad pachuri (5 b. l. r., 643) and jagadamba dasi ..... or devised by her husband in his lifetime, which means, if it means anything, that in the view of the legislature, a wife, before the act, had a right to dower in such lands. the section would not only be superfluous, but misleading, unless the wife had such a right.34. the learned judge in the court below has alluded to the ..... affirms the existence of that law in india, and the necessity for amending it as it had been amended in england.30. the various sections of the act treat of the doctrine of 'seisin,' of 'rights of entry,' and of 'equitable,' as distinguished from 'legal estates of inheritance,' in language which would have no meaning, unless the english .....
Tag this Judgment!Court : Kolkata
Reported in : (1886)ILR13Cal143
mitter and norris, jj.1. we are of opinion that the view taken by the judge of the small cause court, patna, of section 151 of the army act (44 and 45 vict., c. 58) is correct; and we are of opinion that major prendergast's pay may properly be attached in execution of the decree obtained against him.
Tag this Judgment!Court : Kolkata
Reported in : (1886)ILR13Cal13
..... of the original decree, and if the arrears were paid within 15 days from its date the appellant was not liable to be ejected.11. the words of section 52 of bengal act viii of 1869 are: 'in all cases of such suits for the ejectment of a rayat or the cancelment of a lease the decree shall specify the amount ..... costs, and the costs in the suit, are to be paid.' we think that these words clearly show that the appellate decree is intended to supersede the original decree. then section 583 goes on to say: 'when a party entitled to any benefit (by way of restitution or otherwise) under a decree passed in an appeal under this chapter desires ..... that decree be in affirmance or reversal or modification of the decree appealed from, it becomes the final decree in the suit, and therefore the decree enforceable by execution.'9. section 579 of the code provides that the decree of the appellate court 'shall specify clearly the relief granted or other determination of the appeal,' and 'shall also state the .....
Tag this Judgment!Court : Kolkata
Reported in : (1886)ILR13Cal37
..... apparently supposed, that the words 'shall be cognizable' in section 151 of the army act, mean 'shall be cognizable only.'4. we are of opinion that there is nothing in that section of the army act, either in express words or by reasonable inference, to lead us to believe that it was the intention of ..... the legislature in that section to affect the jurisdiction of the small cause courts. we therefore answer the question referred to us in ..... cases the facts of which are such as those appearing here; and all that has to be considered in this case is, whether there is any provision in the army act of 1881 which takes away that jurisdiction.3. we are of opinion that there is none. the doubt which has been felt in the matter arises from its being .....
Tag this Judgment!Court : Kolkata
Reported in : (1891)ILR18Cal372
..... we are practically asked as an appellate bench to overrule that decision.5. section 2 of the presidency small cause court act provides that nothing herein contained shall affect the provisions of the army act, 1881, section 151; and this section as amended by the army act of 1888 is now to be read as follows:in india all actions of ..... to military law, and the question is whether, having regard to the provisions of section 151 of the army act, 1881, as amended by section 7 of the army act of 1888, the operation of which act is by the army act of 1889 continued up to december 1890, the small cause court has jurisdiction to entertain this suit against the defendant ..... debt and personal actions against persons subject to military law, other than soldiers of the regular army, where the persons so subject are resident .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal216
..... , he would have refrained from so doing.18. i, therefore, find as a fact on the evidence in this case and the presumption of law under section 112 of the evidence act, that elizabeth thorose was the legitimate child of gasper and mariam. that being so, whether the property be realty or personalty, it must, under the deed ..... require an enquiry, and the only question here was whether the property was real or personal. having regard to the provisions of section 114 of the evidence act, which only embodies the general principle that an act of court must be presumed to be done validly, i must hold that everything was done which was required to be done ..... life by the courtesy of england in favour of her husband aratoon sarkies. her case, as developed in the address of the learned counsel, which, having regard to section 147 of the civil procedure code, i took into consideration as supplementing the case made in the plaint, amounted to this: that, inasmuch as aratoon sarkies was entitled to a .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal102
..... commissary general, allahabad,' is, i understand, an officer of the staff corps, but it appears that in another suit a decree has been obtained against him by which, under section 151 of the army act, half his pay was ordered to be deducted and applied in satisfaction of the amount due under the decree ..... to attachment, the reason for the distinction between the two cases being that an officer of the staff corps is a public officer within the meaning of clause (h), of section 266 of the civil procedure code read with the interpretation clause, whereas an officer of the regular forces is not.3. the defendant, major ryland, who is described as 'assistant ..... . section 151 has since been repealed, but the repeal of that section, as pointed out in mr. belchambers' note, does not affect a decree previously passed under it. the right to enforce such a decree in the manner therein .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal354
..... not revoked. we do not consider this contention to be of much force. the order granting letters of administration to the defendant is, under section 41 of the evidence act and section 59 of the probate and administration act, conclusive proof of the representative title of the defendant against all debtors of the deceased, rani annapurna, and all persons holding property which ..... b. l. r. sup. vol. 1008; 9 w. r. 505 and his right, being once barred could not be revived by act ix of 1871 or act xv of 1877 as is expressly provided by section 2 of the latter act. the view of the law upon which this argument proceeds is correct, see drobomoyi gupta v. davis (1887) i.l.r. 14 ..... , and not for the purpose of determining any question of inheritance or of the right to be appointed as shebait. a reference to sections 2, 3, 4, 6 and 37 of the probate and administration act, which authorize the grant of letters of administration to persons who may not be the heirs of the deceased, well bears out the .....
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