Court : Kolkata
Reported in : (1884)ILR10Cal878
..... vessel, could be said to be ' residing or working for gain within such local limits14. i think that this question must be answered with reference to explanation (a) of section 8 of act xi of 1865.15. that explanation is as follows:'where a person has a permanent dwelling at one place, and also a lodging at another place for a temporary ..... plea of jurisdiction, and gave the plaintiff a decree for the amount which he claimed, and costs.9. an application was then made to the recorder of rangoon, under section 622 of the civil procedure code to set aside the proceedings in the suit upon the ground that the small cause court had no jurisdiction to try it; and the learned recorder ..... richard garth, c.j. (wilson, j., concurring)1. this is a reference made to the high court by the recorder of rangoon under section 54 of the 'burmah courts' act, 1875'2. the circumstances which gave rise to it are these:the plaintiff in the suit was engaged as a mariner on board the italian barque gentili on a voyage .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal970
..... has also generally alluded.5. the mere repetition of the same statement of facts without contradiction or material discrepancy is, no doubt, recognized by section 157* of the evidence act, as some corroboration of the truthfulness of that statement, but the judge has lost sight of the fact that, from the position occupied by ..... that they also should be retried.----------------------------------------------------------------------------------------page no. 973 foot note*[former statements of witness may be proved to corroborate later testimony as to same fact.section 157:-in order to corrborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the ..... accepted with the greatest caution. nothing is easier for a man than to narrate events with accuracy, and yet more so, when coming to describe the acts of a particular person, to change his personality so as to exculpate a guilty friend, and to implicate an innocent person or an enemy.6. it .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal932
..... suggested in the passage just cited is therefore not open to us. we think, however, that the course which we take is warranted by the provisions of section 566 read with section 587 of the code of civil procedure. the lower appellate court has, in our opinion, omitted to determine certain questions, namely, the questions raised in the petition ..... upon which the decision proceeds with a view to enable them to exercise, if they see fit, and are so advised, the right of second appeal conferred by section 584 of the code. if a district judge could dispose of appeals coming before him in a judgment of this kind, the right of second appeal might be ..... not barred. the appeal is dismissed.' there can be ho doubt that a judgment of this kind is not sufficient compliance with the requirements of the code of civil procedure, section 574 of which provides as follows: 'the judgment of the appellate court shall state (a) the points for determination; (b) the decision thereupon; (c) the reasons for .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal937
..... to be watched with special care. but i can see no sufficient distinction in principle between such contradiction in one deposition and in two. if it is an offence under section 193 to make two contradictory statements, one or other of which must be false, and to do so with a guilty intention, on two distinct occasions, i think it ..... case has been referred to me in consequence of a difference of opinion between tottenham and norris, jj.2. the accused has been charged with, and convicted of, offences under section 193 of the penal code. each charge followed the form given in schedule v, xxviii, ii, (4) to the code of criminal procedure and charged him with having, in ..... under the procedure code then in force. if the matter be viewed in that light, it would be very difficult to reconcile such a charge with section 452 of the code of 1872 or with section 233 of the present code, which requires that each offence shall be the subject of a separate charge, except in the particular cases (of which .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal946
..... is prescribed for appeals which may be preferred as a matter' of right and which the appellate court is bound, to entertain, cases under section 27 or section 34 of the act should be left to the unfettered discretion of the judicial commissioner. it is discretional with him to receive the appeal, and in the same way ..... procedure.' the question has been raised, however, whether the limitation act applies to a second appeal under section 27 of the burmah courts' act.4. the rules as to second appeals under the burmah courts' act are contained in sections 27-29 of that act.5. in the first place, section 27 deals with oases in which the deputy commissioner, or ..... question referred for the decision of this court appears to be this: whether a second appeal under section 27 of the burmah courts' act is subject to the limitation of time prescribed for appeals to the high court under the indian limitation act; or, in fact, to any limitation whatever?3. the judicial commissioner states that 'it has .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad512
..... shall be used, but with such variations as the circumstances of each case require. section 311 provides for applications to set aside sales for irregularity and article 1661 of the limitation act requires that such applications be made within thirty days.5. section 312 requires the court to confirm the sale, ' if no such application as is ..... mentioned in the last preceding section be made.' section 313 allows a purchaser to apply to set aside the sale ..... on the ground that the judgment-debtor had no saleable interest therein, and article 1722 of the limitation act allows sixty days for such applications, but there was no provision that .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad460
..... may be apprehended. but, if a probability of a breach of the peace is established and a magistrate instead of taking security acts under section 145 or 147, then, although the other course might be the wiser and the more politic, this court could not, as ..... obtained in proper course. the chapel building must stand over, and i forbid all disturbance of possession till a civil court decides. section 145, criminal procedure code.13. the order of the district magistrate has been referred by his successor (j. lee-warner) to this court ..... the rev. j. b. trincal to attend this court in person or by agent under sections 145 and 147 of the code of criminal procedure on saturday, the 26th april 1884, for the purpose of this inquiry. meanwhile no building can go on.'5. on the ..... proceeding with the erection.18. the order of the district magistrate, dated 3rd may 1884, is set aside and the present district magistrate is directed to pass fresh orders after completing the inquiry in the manner indicated. .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad535
..... a decree ordering the registration of the documents. it is not denied that the sub-registrar endorsed the documents 'registration refused.'4. the 71st section of the registration act declares that no registering officer shall accept for registration a document so endorsed unless and until, under the provisions thereinafter contained, the document is ..... the appellant and the respondent and affirmed his former decree. on appeal, the subordinate judge held that the suit was not maintainable under section 77 of the registration act.3. the subordinate judge would not have been justified in ignoring the order of remand made by the district court and entertaining the objection ..... . on the 18th april 1882 the appellant brought this suit to have the documents a and b registered.2. the district munsif considered that section 77 of the registration act was only an enabling provision, and, finding the execution of the documents proved, ordered their registration. on appeal, however, the district judge .....
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal222
..... court to which the defendant is subject at the time of suit ('actor sequitur forum rei'), which is rightly stated by sir robert phillimore (international law, vol. 4, section 891) to 'lie at the root of all international, and of most domestic, jurisprudence on this matter.' all jurisdiction is properly territorial, and 'extra territorium jus dicenti, ..... the forum by which it was pronounced.8. these are doctrines laid down by all the leading authorities on international law; among others, by story (conflict of laws, 2nd edition, sections 546, 549, 553, 554, 556, 586), and by chancellor kent [commentaries, vol, i, p. 284, note (c), 10th edition], and no exception is made to ..... absent foreigner in respect of an obligation arising out of a contract made by the foreigner while resident in the state and to be fulfilled there, is not acting in contravention of the general practice or the principles of international law, so that its judgment should not be binding merely on the ground of the absence .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad552
..... supersede an express enactment, but even if they have the power we do not think that they intended to exercise it. under the powers conferred by section 27 of the act they laid down scales of fees for various proceedings, and among others for miscellaneous cases, including proceedings in execution of decrees.' a decision of a panchayat ..... general rule. the fact noted by the district judge that it is not shown as obsolete in act xii of 1876, confirms this view : not only is the whole section net shown as one that had been repealed, but parts of the section, not material to the present question, are explicitly repealed.4. precisely the same reasoning applies ..... that the high court, before making rules, considered it necessary to have the schedule in section 25, regulation xiv of 1816, repealed, while no step was taken to repeal section 17, regulation v of 1816. the reason stated was that the former pleaders' act, 1865, had contained a clause that, on its extension to a province, the provisions .....
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