Court : Kolkata
Reported in : (1885)ILR12Cal169
..... suit is maintainable: and in krishna lall dutt v. radha krishna surkhel i.l.r. 10 cal. 402 it was held that the suit was maintainable if possession given under section 318 had been in fructuous. and a full bench of the high court of allahabad in jagan nath v. baldeo i.l.r. 5 all. 305 dealt with such a ..... only manner in which an auction-purchaser or his assignee could obtain possession of the property sold to him, otherwise than by the voluntary act of the judgment-debtor, was by an application to the court under section 318 of the procedure code; and that the plaintiffs or nobin chunder mitter having failed to obtain possession in this manner within three years ..... suit as being maintainable.7. quite recently another division bench of this court composed of (wilson and beverley, jj.) in a case not yet reported--appeal no. 207 of 1884, decided on the 20th july last--followed the decision in seru mohun bania v. bhagoban din pandey i.l.r. 9 cal. 602.8. our own opinion is in accordance .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal339
..... the same cause of action as a claim upon an executory contract for damages.18. the court of exchequer accordingly held in the case i have just mentioned that section 63 of the act did apply to the cases of tradesman's bills (such as that with which they were then dealing) 'in which one item is connected with another in this ..... defendant did not take, and on the 14th august 1883 the plaintiffs sued the defendant in the small cause court for damages for not taking them. on the 9th january 1884 the plaintiffs recovered a decree for damages in that suit.35. the defendant applied for a new trial, but his application on the 9th february was dismissed for default.36 ..... . on the 11th january 1884 the plaintiffs commenced this suit in which they claim the price of the four bales said to have been delivered on the 21st june 1883.37. the main question referred .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal706
..... law of the roman catholic church as applied in this country.25. there is one other point to which we think it right to refer. section 5 of the act of 1872 enacts, as did the act of 1865, that 'marriage may be solemnized in india (1) by any person who has received episcopal ordination, provided that the marriage be solemnized ..... marriage between a man and his deceased wife's sister, celebrated in calcutta in the year 1877, is liable to be declared null and void, under section 19 of the indian divorce act, on the ground that the parties are within the prohibited degrees, both parties being domiciled in british india and resident in calcutta, and both being roman ..... material, that they are not of british descent, or british in any other sense than that of being domiciled in british india.2. the divorce act (iv of 1869) applies to all christians, and section 19 enacts that a decree declaring a marriage null and void may be made, amongst other grounds, on the ground 'that the parties are .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal357
..... some understanding or private arrangement, tacit or express, between the parties. another point has been taken by the respondent, that the suit was one under the bengal rent act of 1869, section 30, and that, as it was not brought within three years from the termination of the service, it is barred. we think that the suit is not of ..... i.l.r. 6 cal. 94. the term 'compensation' used in article 116 seems to have been used in the sense in which it appears in section 73 [2] of the contract act, and, therefore, wherever a suit for such compensation is brought for a breach of contract in writing and registered, whether such compensation be for liquidated or unliquidated ..... this order, and thereafter at 6 per cent, to the date of realization. under the special terms of the administrator-general's act, plaintiff will be entitled to no costs from rochfort's estate (see act ii of 1874, section 34), but will be liable to pay costs calculated on the amount disallowed. [1] kishen lal v. kinlock i.l.r. .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal430
..... sale in execution of a decree, for these sums operate in the same way as the sale of a putni, or of an under-tenure specially defined in section 59 of the rent act.9. it appears to us that there are two fatal objections to this construction. the first is this: in order to give such an effect to the words ..... not parties.11. these two objections are fatal to the construction placed by the court below on the language of section 25 of the road cess act, 1871.12. we are dealing here entirely with the case of a sale under bengal act x of 1871. at present a different law is in force, that is to say, these matters are now governed ..... words, or by necessary implication.5. with these preliminary remarks let us refer to the sections in bengal act x of 1871, which bear directly upon the question at issue.6. section 26 of the act says: 'all lands held without payment of rent other than lands mentioned in section 9, and not being estates entered on the register of revenue-free tenures of the .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal495
..... , the conviction and sentences passed for the assault on the peon were legal and must be upheld. sub-section 3 of the section in question (235 of the code of criminal procedure) runs as follows: 'if several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined ..... may be charged with and tried at one trial for the offence constituted by such acts when combined, or for any offence constituted by any one or more of such acts.'8. in the present case we have acts separately constituting offences under sections 143 and 353 of the indian penal code, and when combined constituting an offence ..... under section 147 of the indian penal code. under the sub-section quoted, therefore, the accused might be charged with and .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal559
..... else; but it appears to us that the words, 'the law in force immediately before the passing of this code,' used in the corresponding section of the present code, cannot now be limited to that particular act of limitation. it seems to us that 'the law in force' means the whole law on the subject.7. there is no dispute ..... allowed by the law in force before the passing of the present code, act xiv of 1882, the decree was barred in july 1884. the present application was made on the 10th of november 1884.12. it is argued that this application is saved by the last clause of section 230 of the present code, which runs as follows: 'notwithstanding anything herein ..... had the present code not been passed, and had the code of 1877 as amended by act xii of 1879 been still in force, the decree in question would have been barred under the provisions of the corresponding section.4. the last paragraph of section 230 of the present code allows proceedings to be taken to enforce any decree within three years .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal522a
..... of any debts which she had incurred before marriage, precisely as if she had continued unmarried.14. now then let us see what is the effect of section 8 of the indian act. it says that, if a married woman possesses separate property, and if any person enters into a contract with her on the faith that her obligations arising ..... her marriage in the same way as it would have been if she had continued unmarried, which provision is substantially the same as that contained in section 9 of the indian married woman's property act of 1874.11. an application was then made to mr. justice lush to charge mrs. hutchinson's separate property (the fund which had been ..... greater force than it had before, but merely preserves to it the effect it had previously. it therefore leaves the married woman's property act of 1874 and the decisions upon it untouched.[1] [section 9: a husband married after the thirty-first day of december 1865 shall not byhusband not liable for reason only of such marriage be liable .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal515
..... execution sale was properly made. it appears to us that the legislature has deliberately altered the law as laid down in the two cases just referred to. under section 92 of the old code, act viii of 1 1859, the words were 'that any property which is in dispute in the suit is in danger of being wasted, damaged, or alienated, by ..... case now before us, bearing further in mind that in our view the preventive jurisdiction which is sought to be called into operation can be otherwise exercised under a specific section of the code, we think that the first subordinate judge had not jurisdiction to make the order which we are now asked to set aside.6. the rule must, ..... was approved by the high court, although the exact question did not come before that court for decision.4. it appears to us then that under the language of section 492 of the present code, rup lall doss and rughoonath doss could have obtained from the second subordinate judge an ad interim injunction to stay the sale of the property .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR12Cal663
..... far as i can learn, been applied to any case except that of a gift to a class tainted with the vice of remoteness.38. and so the indian succession act, section 1024, which alone adopts such a rule as that in leake v. robinson 2 mer. 363 in express terms limits it to the cases of gifts to a class affected ..... grandsons of the testator must fail. now it is a well settled rule in construing wills founded upon excellent reasons, and which has been adopted in the 102nd section of the indian succession act, that where there is a gift to a class and some persons constituting such class cannot take in consequence of the remoteness of the gift or otherwise, the ..... fell v. biddolph and in re coleman show that the rule is the same where no joint tenancy comes in.37. the indian succession act in section 983 declares the law applicable to wills governed by that act in accordance substantially with the view i have explained.38. i am of course aware that there are cases in england relating to real property .....
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