Court : Kolkata
Decided on : Feb-28-1881
Reported in : (1881)ILR6Cal794
Wilson, J.1. The main question in this case is a pure question of law,---namely, whether, by the law in force in Calcutta, the widow of an Armenian, married before the Dower Act (XXIX of 1839), is entitled to dower out of lands which her husband held during the marriage for an estate of inheritance, as against a Hindu purchaser for value from the husband during his life.2. There is, so far as I can find, no express authority upon the question. It must, therefore, be dealt with upon consideration of principle.3. The plaintiff's claim is founded upon two propositions,---1st, that, by the law of England, a widow would, under like circumstances, be entitled to-dower; 2nd, that the law of England governs the present case.4. The first of these propositions is no doubt correct. The question is as to-the second. It is often said that the law administered by this Court is,--- except in certain matters affecting Hindus and Mahomedans, and except so far as statutory provisions have modified it,--...
Tag this Judgment!Court : Kolkata
Decided on : Aug-30-1881
Reported in : (1881)ILR7Cal594
Broughton, J.1. The plaintiffs, executors of the will of Hurrish Chunder Bose (their father) seek to recover Rs. 25,000 upon a life policy which was assigned to their testator. They also seek to recover interest at the rate of 12 per centum per annum from the 27th May 1881.2. The defendants state in their written statement that they are willing to pay the amount secured by the policy to any one having a valid title and capable of giving them a sufficient discharge, but they contend that the plaintiffs are bound to obtain the concurrence of the representative of the assured. They submit that such representative is a necessary party to this suit, and state that they are ready to pay but they have not paid, the money into Court.3. The circumstances of the case are as follows:4. The policy was effected by Frederick Woodhouse, now deceased, on the 22nd March 1848, and Rs. 675 were paid by him as premium from March 23rd for six months.5. By this policy it is witnessed that 'whilst the afores...
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