Court : Kolkata
Reported in : (1885)ILR11Cal143
..... by limitation.2. we set aside the decision upon the ground that there was a decree passed, on the 11th july 1881, under the provisions of the second paragraph of section 210 of the code of civil procedure.3. this point apparently was not taken before the district judge, and from the facts of the case, as they appear on the .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal150
..... come within sub-section (c), because it is 'a question arising between the parties to the suit in which ..... the proper subject of an appeal, unless it was 'a decree' within the meaning of section 2 of the code of civil procedure. and it would not be 'a decree' within the meaning of that section unless it came under sub-section (a) or (b) or (c) of section 244.3. the appellant in the court below, srimondel doss, contends here that it does .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal106
..... the absence of the accused, they must be satisfied that it was committed in pursuance of a common object which would make the assembly 'unlawful' within the meaning of section 149 of the indian penal code. we are, therefore, constrained to set aside the conviction. under the circumstances we think no good result would follow from our directing a ..... the case for the prosecution was that unnecessary violence had been used by members of the assembly other than the accused, for which he became responsible by virtue of section 149 of the indian penal code; this should have been distinctly alleged. we have carefully perused the judge's summing up, and it appears to us to be ..... seriously prejudiced in his defence. this is true in all cases, but it is more especially true in cases where it is sought to implicate an accused person for acts not committed by himself, but by others with whom he was in company.3. the sessions judge appears to have recognised the insufficiency of these charges, for he .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal146
..... further, upon the mere possibility of the appellate court reversing his decree; and it is clear that he had no right to do so under the section of the code upon which he appears to have acted.12. if any court has a right to grant an injunction now, we presume it would be the court of appeal. but it is no ..... however, who had appealed from the decree which had been made against them, applied for and obtained from the subordinate judge, on the 14th of may 1884, a further injunction, restraining the plaintiff in the first suit from executing his decree until the appeal in the second suit should have been heard.7. this rule was then ..... on the 20th of december 1883 that suit came on to be heard, and was decided against the plaintiffs (the sons of chueka sing); whereupon, on the 30th of january 1884, the plaintiff in the first suit (the mortgagee) applied for execution against the mortgaged property, and the usual sale proclamation was issued.6. the plaintiffs in the second suit, .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal153
..... subordinate judge has held that the defence is a good one.4. the defendant contends that the subordinate judge was wrong. he argues, that according to the true meaning of section 13 of the code of civil procedure, where the court in which the second suit is brought is a court of different jurisdiction from that in which the first suit ..... was brought, then section 13 does not apply; and therefore as the deputy collector's court in the year 1867 was a court of different jurisdiction from that of the munsif who tried this ..... case, the decision in the first suit is no bar.5. we think that this is not the true meaning of section 13. the question which we have now to determine appears to have arisen in a somewhat different form in the case of gopinath chobey v. bhaghwat pershad and anr. decided .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal160
..... his assertion that the cup was his own property that they convioted him; their opinion as recorded is as follows:--' both assessors consider that the accused should be convicted under section 411, indian penal code, observing that he has not been able to give any proof that the property is his.'6. we are of opinion that, independently of the evidence ..... -breaking; and the question we have to consider is whether there is sufficient evidence to warrant a conviction under section 411 of the indian penal code.4. the cup was stolen in october 1883 and it was not discovered until the 4th september 1884 when, as the prosecution allege, it was produced by the prisoner to the police from under a rangi ..... mitter and norris, jj.1. in this case the prisoner has been convicted under section 411 of the indian penal code of dishonestly receiving a brass drinking cup.2. the evidence upon the record clearly establishes that the complainant's house was broken into in .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal175
..... the disputed items; 'because every contract made for or about any matter or thing which is prohibited and made unlawful by statute is a void contract' (section 23, indian contract act).11. section 54, regulation viii of 1793, says: 'the imposition upon the ryots under the denomination abwab, mathoot, and other appellations, from their number and uncertainty having ..... the engagements between the parties, or, in other words, enforce payment of such sum as may have been specifically agreed upon between them.' section 10 of act x of 1859, and section 11 of beng. act viii of 1869, declared the exaction of any sum in excess of the rent specified in the pottah of an under-tenant or a ..... delivered by mitter, j. the moneys claimed beyond the assul jumma, or actual rent, are clearly abwabs, and if exacted by the landlord would, under section 11 of beng. act viii of 1869, entitle the tenant to recover as damages double the sum so exacted.19. in determining the matter referred to us by the division bench .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom198
..... this, indeed, were not so, no length of adverse possession would be a safeguard even against the possession of a stranger wholly without title continued for six months specific relief act, section 9, so long as the original right of the united family could be traced -goodtitle d. parker v. baldwin 11 east 488.26. in the case of collateral succession the ..... be entertained of their being bound by the judgment as res judicata. a vatan, recognized as such, cannot legally pass away from the vatandar family-wdmndji parashram printed judgments for 1884, p. 220-, and even though the family should have divided into several branches with rights enjoyed in rotation, this does not seem to constitute for each branch. so distinct an ..... to the division bench, sargent, c. j., and nanabhai haridas, j., passed the following judgment:-with reference to the judgments recorded by the full bench on the 7th of october, 1884, the court reverses the decrees of the lower courts, and rejects the plaintiff's claim. .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom373
..... not governed by rules laid down for the limitation of suits. the english rule as regards the liability of trustees is now laid down by the judicature act, 1873, section 25, sub-section 2: 'no-claims of a cestui que trust against his trustee for any property hold on an express trust, or in respect of any breach of ..... examined their books with great care, and had prepared a synopsis of their contents with balance-sheets for each year. this evidence was admissible under section 65, sub-section (g), of the evidence act, which admits evidence of the general result of numerous accounts or documents by any person who has examined them and who is skilled in the ..... , therefore, against the directors not being a claim for any specific property still in. the hands of them or their representatives, is not covered by section 10 and section 98 of the limitation act. and i think, it is liable to be barred by the ordinary period of limitation, of three years.25. this introduces a further question, which .....
Tag this Judgment!Court : Mumbai
Reported in : (1885)ILR9Bom491
..... chandra dutt 8 b l.r. 41: 'it is a well-settled rule in constructing wills formed upon excellent reasons, and which haw been adopted in the 102nd section of the indian succession-act, x of 1865, 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 ..... morarji in 1875, the survivor, yullubdass, took the whole absolutely; and on his death, in 1877, his interest was transmitted to his widow, the defendant, yulivahu.28. section 93 of the indian succession act, x of 1865, which applies here, enacts that 'if a legacy be given to two persons jointly, and one of them die before the testator, the other legatee ..... the meaning of it, the costs of all the parties to this suit of and incidental thereto, as well as the costs reserved by the order of the 28th july, 1884, must come out of the estate; the same to be taxed as between attorney and client. leave to apply as advised. further costs and further directions reserved. .....
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