Court : Kolkata
Reported in : 59Ind.Cas.403
1. In these three matters Rules were issued on the same day practically based on the same fasts. They arise out of some boring operations in Mouzah Parsundi comprising of about 5,000 bighas of land (4,906 according to the Revenue Survey). The Iron and Steel Company, who are the first party in the proceedings under Section 145 initiated on the 10th July 1919, obtained as petitioners, Rule No. 847 on the following allegations, namely, that the Maharaja of Burdwan was the Zemindar of the Mouzah and sole owner of the minerals and mineral rights therein. On the 9th September 1839 he granted a putni settlement of the Mouzah to certain persons shortly referred to as the Chatterjees and Misras. On the 5th April he authorised one E.J. Seth Sam on behalf of the Parsundi Mining Syndicate to go on with boring operations in the Mouzah pending execution and registration of a formal document and Seth Sam in his turn on the 12th April 1918 authorised the petitioners to carry on boring operations there...
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad152; (1931)60MLJ551
Reilly, J.1. These two appeals relate to suits in which the Corporation of Madras claimed declarations that the Madras Electric Tramways Company and the Madras Electric Supply Corporation respectively were subject to the. control of the Commissioner of the Corporation under Sections 287 and 288 respectively of the Madras City Municipal Act. The suits were tried by the Judge of the City Civil Court, who dismissed both of them. They came on appeal before Waller, J., whose opinion was that both the Companies carried on their operations under special Acts, or what were equivalent to special Acts, inconsistent with the general Act, the City Municipal Act, and that the Corporation of Madras were not entitled to the declarations for which they sought. He upheld the decision of the City Civil Court; and it is against that decision that these two appeals have been preferred.2. I think it will be convenient to deal with the two cases separately, and, if I may say so with great respect, I doubt w...
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal210
Derbyshire, C.J.1. This is an appeal from a decision of Lort-Williams J., delivered on 29th May 1936, wherein he gave judgment for the plaintiff for Rs. 4000 and costs and made a declaration that the plaintiff was entitled to reject a boiler with accessaries. The plaintiff, the present respondent, carries on business as an ink and sealing-wax maker under the name of the Bengal Industrial Company at Cossipore, a few miles out of Calcutta. The defendant, a German gentleman, for some years had carried on business in Calcutta as a manufacturer's agent and an import-merchant dealing mainly in papers, stationery and machinery for making paper. The parties for some years previous to 1932 had business dealings with each other. In 1932, the plaintiff wished to start the manufacture of carbon paper and with that object in view, he consulted the defendant from time to time, and the defendant assisted him with advice, and also procured same formulae for the preparation of carbon-paper. In 1932, th...
Tag this Judgment!Court : Kolkata
Reported in : 45Ind.Cas.113
Barnes Peacock, C.J.1. An advertisement publislied in a newspaper for a demonstration against a Judge for acts done in Court may be a contempt of Court as well as defamation, although it cannot be said that in every case a demonstration got up in order to obtain an expression of public opinion concerning the acts of a Judge would bo a contempt, [p. 125, col. 1.]2. If anonymous letters are sent to the press containing false statements), the press is responsible for them if the name of the author is not given up. [p. 144, col. 2.]3. To say that a sentence is 'cruel' may be a con-tempt of Court, though it would be no contempt if the remark is merely that, the sentence is a severe one. [p. 142, col 2; p. 143, col. 1.]4. Per Macpherson, J.--The High Court has power to proceed by way of contempt oven when the contempt is not committed in Court or during the pendency of a suit. [p. 145, col. 2.]5. Per Curiam.--The fact of his making an apology does not entitle the person charged with contempt...
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom388
Michael Westropp, C.J.1. Mulji Nandlal, a Hindu of the Vania caste, died, on the 5th of January 1840, possessed of considerable moveable and immoveable property. The latter, with the single exception of a house and premises situate at Jambusir, in Guzerat, lay in the island of Bombay. He left no male issue, but his widow Sarasvatibai and his daughter Jethibai (called, in his will, Ben Jiethi) survived him. By that will, which was written in the Guzerathi language and character, and was dated the 2nd of January 1840, he appointed Gangadas Vizibhukandas and Trikamlal Avechuldas his executors. More translations than one of it have been put in evidence. We take the best of these translations as our guide to the contents of the will, namely, that made by our present chief translator, Mr. Flynn, on the 2nd September 1874. The appointment of Gangadas Vizbhukandas and Trikamlal Avechuldas as executors was made thus:2. 'To Shah Gangadas Vizbhukandas and Shah Trikamlal Avechuldas. Written by Sha...
Tag this Judgment!Court : Kolkata
Reported in : (1877)ILR2Cal153
Richard Garth, C.J.1. In this case I have the misfortune to differ in opinion from my learned colleagues. The question which we have to decide is, whether the plaintiff in this suit is barred by the judgment in a former suit. It is said that she is so barred by the second Section of the Civil Procedure Code, which enacts ' that the Civil Courts shall not take cognizance of any suit brought on a cause of action' which has been heard and determined by a Court of competent jurisdiction, in a former suit between the same parties.'2. Is then the 'cause of action' in the present suit the same cause of action which was adjudicated upon in the former suit? This depends upon what is meant by the words 'cause of action,' and I believe it has never been seriously doubted, either here or in England, that the true meaning of that expression is not the claim itself, as for instance, the money, or goods, or land, which the plaintiff seeks to recover, but the grounds upon which that claim is founded. ...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom19
Nanabhai Haridas, J.1. This is an appeal against a judgment of the District Judge of Thana The appellants (plaintiffs below) allege in their plaint that they and the respondents are fishermen; that, in accordance with the custom of their trade, they have been for years erecting their fishing stakes annually opposite to the village of Yerangal, at a distance of between two and three miles from the coast, those of the respondents being to the north of, and about 600 feet distant from, their own; that in the month of March 1872, the respondents, in addition to their customary stakes to the north, maliciously and wrongfully erected other fishing stakes to the south, at a distance of only 120 feet from those of the appellants, and that thereby they wrongfully disturbed the latter in the enjoyment of their right to fish, and unjustifiably prevented fish from getting into their nets, thus causing them considerable pecuniary loss. They, therefore, claim from the respondents Rs. 3,000 as damage...
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal64
Markby, J.1. Two persons, Burah and Book Singh, have been convicted on a charge of murder by the Deputy Commissioner of the Cossyah and Jynteeah Hills and sentenced to death. The sentence was commuted to transportation for life by the Chief Commissioner of Assam on the 23rd April 1876.2. On the 9th July, 1870 the officer, in charge of the Kamrup jail forwarded to this Court petitions of appeal from these prisoners, unaccompanied by copies of the judgment.3. The first question which arises in the case is, whether the High Court has any power to entertain these applications; and this question is one of so much importance that it has been referred to a Full Bench, and has been on two occasions very fully argued.4. The Cossyah and Jynteeah Kills comprise a considerable tract of country on the eastern frontier of Bengal, and they contain a population which, in 1862, was estimated at 120,000. The Jynteeah Hills were formerly under the independent Rajah of Jynteeah. The Cossyah Hills were div...
Tag this Judgment!Court : Mumbai
Reported in : (1878)ILR2Bom148
Michael Westropp, C.J.1. On the 1st of May 1876 a warrant of arrest, under Section 201 of the old Civil Procedure Code (Act VIII of 1859), was issued against Ratansi Kalianji pursuant to a Judge's order of the 29th April 1876, upon an application for execution of a decree of the 27th April 1876. Ratansi Kalianji was arrested upon the 30th of October 1876, was brought before a Judge in Chamber on the 31st October 1876, and then finally committed by the Judge, 'until he (Ratansi Kalianji) satisfy the amount of the decree passed against (him) the said Ratansi Kalianji in the above suit.' Then followed in the same order the usual direction, under Section 278 of Act VIII of 1859, that the plaintiffs should pay to him subsistence allowance at the rate of 4 annas per diem, by monthly payments in advance. The receipts indorsed on the Judge's order by Mr. Lake, for the superintendent of the gaol, and by the sheriff, and the certificate of the latter, show that the detention of the prisoner Rata...
Tag this Judgment!Court : Mumbai
Reported in : (1883)ILR7Bom155
Scott, J.1. These two suits, arising out of the same causes of action and being between the same parties in the same interests, were tried together. In the first suit (No. 237 of 1877) the plaintiffs are the executors appointed by the will of Ramkuverbai alias Samkuverbai, widow of Ranchordas Canjee, and they claim from the defendant, Purmanandas, nephew and residuary legatee of the said Ranchordas Canjee, the sum of five thousand nine hundred and fifty rupees with interest. This sum of 5,950 rupees is due, they contend, to the deceased widow under the will of her husband, Ranchordas, who made provision for her by directing the payment of certain annual sums amounting to Rs. 950, and by also directing that Rs. 5,000 should be paid to her in case she performed a certain pilgrimage.2. Purmanandas, as plaintiff of the second suit (No. 556 of 1877) against the said executors, prayed:(1) That the will of Ranchordas be declared void; but this prayer was withdrawn at the hearing, in consequen...
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