Court : Kolkata
Reported in : (1886)ILR13Cal336
..... with reference to their mothers, cannot be made, and in that event the partition is made with reference to the number of sons themselves see dyabhaga, ch. iii, section i, v. 12 and 13; vyvasta darpana pp. 461-463, and the texts quoted therein). when the partition is made between the different groups of sons born of ..... establish a charge for her maintenance against the whole estate left by her husband tara churn coondoo. the plaint states that, on the 12th falgoon 1290 (23rd february 1884), the family became separate, and since then the plaintiff has been obliged to provide herself with the expenses of her maintenance and the performance of religious ceremonies; ..... not preclude the plaintiff from maintaining this suit, and that rs. 180 per month is a suitable allowance for her separate maintenance, ordinary brotus, extraordinary brotus, pious acts and pilgrimages, he has given a decree to the plaintiff declaring that the said amount is to be a charge upon the estate left by her husband now .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal124
..... in respect of that application is the original date of its presentation; and that shows that, where the application is afterwards amended by giving the particulars required by section 237, on an application made at a later period, the two applications become an entire application, dating from the date the first application was presented. therefore, in ..... the mistake or omission.6. the first question then is, whether this was an application to attach any immoveable property of the judgment-debtor, because it appears from section 237 that in that case it is necessary to give some indication of what immoveable property of the judgment-debtor it is required to attach ; and, therefore, ..... goes back the munsif will take care that execution does not issue against any property not mentioned in the petition of the previous execution case no. 30 of 1884.9. now that note seems to imply that, in that particular application, some property was mentioned as being the property of the judgment-debtor, but in .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal256
..... as a name, as i said before, for suing and being sued on behalf of the indian exchequer.'14. this being the nature of the suit contemplated by section 65 of the act for the better government of india, and the defendant on the record being a mere name used for the purpose of prosecuting the suit, the words by which the ..... of the sums spent by him in the course of his employment.4. the suit was instituted on the 19th of april 1884, on the original side of this court, without previous leave being obtained under the provisions of section 12 of the letters patent. it is stated in the plaint that the cause of action accrued in the month of january ..... applicable, then the suit would fall under article 115, which is a sweeping article providing for all cases of breach of contract not specially provided for in the act. the suit was brought in 1884, that is, more than three years after the termination of the plaintiff's agency, and therefore more than three years after the last supply made by him .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal222
..... for the executors is unable to support the finding of the lower court. the sub-judge has relied on section 82 of the indian succession act, but it appears to us that he has not only misinterpreted that section, but overlooked section 309 et seq which deal with the matters in question. whether or not the legatees are entitled to ..... , of which will probate was taken out in 1881 by defendants nos. 1 and 2, the executors. the plaintiff who instituted his suit on the 19th march, 1884, alleged that certain provisions of the will were void for uncertainty, and that ha as heir-at-law was entitled to the whole residue of the estate of the ..... testator considered would be for his spiritual benefit, and which he intended should be performed. there is absolutely nothing to indicate the nature of these acts--whether acts of benevolence were intended, or acts of charity or religious service. the expression is wide enough to cover anything from digging a tank or founding a scholarship, to performing a shradh .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal241
..... the remedy sought in this suit is a proper one. it is really a suit for specific performance of the condition in the agreement about 150 bighas. section 23 of the specific relief act says : 'except as otherwise provided by this chapter, the specific performance of a contract may be obtained by (a) any party thereto ; (b) the ..... that the interest of shib perkash misser in 150 bighas under the deed was not such an interest as could be attached and sold in execution of a decree. section 266 of the civil procedure code describes what property is liable to attachment and sale in execution; and after mentioning a variety of matters, it says that, 'except as ..... misser. he proceeded to execute his decree, and himself became the purchaser at the execution sale. what he purchased appears from the sale-certificate, dated the 7th january 1884 : it was 'the judgment-debtor's right to get by division or separation 150 bighas of land by measusement in mouzah phulbaria, or in any other mouzah within .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal164
..... myself alone--i do hope that judges in explaining the law to juries in cases in which juries are to act will take more pains in explaining the sections of the code, and not leave the code to the juries for them to find out the meaning of it ..... it was not a doubt as to whether the offence amounted to culpable homicide or grievous hurt, but a doubt under a totally different section which was not explained to them, as to whether if this man had inflicted hurt he did it under circumstances of grave and ..... jury how it is that, in questions of this kind, the substantive offence would be affected by the qualifying clause of the next section. but he did nothing of the kind; instead of doing that, he simply gives the penal code to the jury in order that ..... interpret it for themselves, but as i said before they must explain the law to the jury and tell them, not under what section they are to convict the accused, but in some kind of popular language which they can understand of what offence they are to .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal323
..... old form which prevailed at the time of the supreme court, and which, as we are informed, has ever since been in use. instead of having full powers under section 503, the receiver has the limited powers expressly given by the order of appointment. and we find in that order no words upon which we could hold that he ..... they were genuine.13. therefore adverse possession no doubt commenced during the lifetime of the daughters of rashmoni. they fully represented the estate; and, if limitation barred them under act xiv of 1859, it follows that it would bar the reversioners also--see the full bench decision in nobin chunder chukerbutty v. issur chunder chukerbutty b.l.r. sup. ..... defendants in bringing the property under cultivation.19. upon the whole, therefore, we are of opinion that the suit must fail both upon the ground that the receiver acted ultra vires in instituting it, and that so far as it seeks to recover khas possession it is barred by limitation so far as regards the area covered by .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal424
..... , which are shown on the map and marked a, b and e. on the 4th march, 1884, the proper officer published the general notification required under section 9, paragraph 1 of the act. on the 20th march, acting under the powers given to them by section ] 7 of the act, the officers of government took possession of these lands. at various dates between the month of ..... october 1884 and january 1885, the personal notices, as we may call them, required by section 9 were served upon the .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal401
..... a decree is similarly estopned by he conduct of ripubhunjun. the simple question is whether the execution-purchaser is the representative of ripubhunjun within the meaning of section 115 of the indian evidence act.15. it seems to us that he is not so merely in his capacity as purchaser in execution. the case last cited--poreshnath mookerjee v. ..... decrees held by other persons against ripubhunjun singh. the sale certificates are dated the 20th of january, 1881. this suit was brought in august 1884 within one year after the decision of the claim case.3. ripubhunjun singh was the brother of aribhunjun; and in the absence of any son of the latter would ..... bond on the 26th of june, 1882.2. the properties in question having been attached in execution of that decree were released by the court on the 29th february, 1884, in accordance with a claim put forward by the defendant no. 2, appellant before us, who had purchased the same at auction in november, 1880, in execution of .....
Tag this Judgment!Court : Kolkata
Reported in : (1887)ILR14Cal566
..... ; and died. it seems, therefore, quite impossible to say that he accepted the risk of the prisoner's act.5. the question then remains whether the prisoner is guilty under section 304a. there is no doubt that by his act he caused the death of the deceased. in england he would have been indicted for manslaughter. in this country ..... the provisions of section 304a seem to apply to cases where there is no intention to cause death, and no knowledge that the act done in all probability would cause death. it was pleaded for the prisoner that, inasmuch as he had ..... that if, notwithstanding these considerations, the court should still be of opinion that the act was a rash one within the meaning of section 304a, the prisoner would nevertheless be entitled to the benefit of section 88 of the penal code, because he did the act in good faith, without any intention to cause death, and for the benefit of .....
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