Court : Kolkata
Reported in : (1887)ILR14Cal37
Norris, J.1. It was contended before us by the learned pleader for the appellants that Act v. of 1881 has altered the law as laid down in Bharti v. Bharti 6 C.L.R. 138, and that it is now competent to the Mofussil Courts to grant probate or letters of administration in respect of a will not coming within the provisions of the Hindu Wills Act, that is to say, of wills of Hindus, Jainas, Sikhs, and Buddhists in the territories subject to the Lieutenant-Governor of Bengal and in the towns of Madras and Bombay made prior to 1st September 1870.2. In order to determine this point, it was necessary to see what the course of legislation has been.3. In 1865 the Indian Succession Act was passed. Section 331 of that Act provided that 'the provisions of this Act shall not apply to intestate or testamentary succession to the property of any Hindu, Mahomedan, or Buddhist.' * * * In 1870, the Hindu Wills Act was passed ; Section 2 of that Act, provided that certain portions of the Indian Succession A...
Tag this Judgment!Court : Kolkata
Reported in : (1888)ILR15Cal109
Norris, J.1. On the 20th August, Hadjee Jackariah Mahomed & Co., through Mr. Hume, their attorney, applied to the Presidency Magistrate of the Northern Division of Calcutta for warrants for the arrest of Ahmed Mahomed and Topun Ramchore on charges of cheating and abetment thereof.2. In support of the application, Noor Mahomed, a member of the prosecutor's firm, was examined on solemn affirmation. His deposition was as follows:I am a member of Hadjee Jackariah and Co. I have been a member of that firm since 1874. I know the first defendant Ahmed Mahomed. He is a boat owner. He has had business with us since 1879. He kept a floating account with us. The first defendant's ledger was kept by Topun Ramchore in my office. He used to make entries in the cash-book occasionally. When defendant No. 1 came to my office for money I used to ask defendant No. 2 to look at the ledger and say whether No. 1 had a credit balance. No. 2 always said he had credit balance. Day before yesterday No. 1 came t...
Tag this Judgment!Court : Mumbai
Reported in : (1888)ILR12Bom280
Jardine, J.1. The plaintiff Cassumbhoy is the eldest son of the first defendant Ahmedbhoy Hubibhoy; the 2nd defendant Hosseinbhoy, a minor, is another son of Ahmedbhoy. The parties belong to a family of Khoj as who have for several generations carried on mercantile business in Bombay. The plaint was filed on the 9th October, 1884. In the first three paragraphs it alleges that Ahmedbhoy's father, one Hubibhoy, son of Ibrahim, died in A.D. 1865, whereupon, and under Hubibhoy's will, dated the 29th December, 1864, Ahmedbhoy came into possession of a large amount of property, moveable and immoveable, which said property in his hands has been largely added to by the accretions thereof and aggregates, as plaintiff estimates, about 20 lakhs. In paragraph 4 the plaintiff says that 'according to the laws and usages by which members of the Khoja community in Bombay are governed, and which, in this behalf, are the same as are applicable to Hindus, the property aforesaid in the hands of the said d...
Tag this Judgment!Court : Kolkata
Reported in : (1889)ILR16Cal238
W. Comer Petheram, C.J.1. The facts are stated in the case certified by the Advocate-General, and it is not necessary to re-state them here.2. It was argued before us, that, under the provisions of the Merchant Shipping Act, 1854, Section 267, the prisoner should have been tried in every respect as if he had been tried at the Central Criminal Court in London, and the cases of Queen v. Thompson l B.L.R. O. Cr. 1 and Beg. v. Elmstone 7 Bom. Cr. 89 were cited and relied on on behalf of the prisoner. As to those cases, I think it enough to say that the words relied on were obiter dicta only, and that in the result the Court held in each case that the prisoners were properly tried according to the procedure of the Court before which the trial took place, 80 that both cases are authorities against the view which was pressed upon us.3. The question, however, depends upon the true construction of the statutory law. The Merchant Shipping Act, 1854, by no means contains the whole of the legislat...
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom520
Hobhouse, J.1. On the 19th August 1868, the Insolvency Court of Bombay ordered that a judgment should be entered up in the name of the Official Assignee against the insolvent Candas Narrondas for a sum exceeding sixteen millions of rupees. That judgment was accordingly entered up in the High Court.2. It does not appear whether anything was done under the judgment till the 5th April 1886, when the Insolvency Court ordered execution for a sum of nearly five millions to be taken out against certain properties described in the order.3. The representatives of the insolvent being summoned to show cause why the judgment should not be executed, assigned as cause that under the operation of the Indian Limitation Act, 1877, the right to have execution was barred by lapse of time. It will be convenient to state here the effect of the articles in the schedule of the Act of 1877 which have been put forward as applicable to the case, taking them in reverse order. The amendments of this Act by Acts X...
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad186
Muttusami Ayyar, J.1. The appellants are parties interested in the due administration of an endowed public charity in Tanjore, and the respondent is its present trustee by right of inheritance. The former charged the latter with negligence and misconduct and instituted this suit in the District Court of Tanjore to remove him from the office of trustee and to have another appointed in his place. The Judge held that he had no jurisdiction to entertain the suit under Section 539 of the Code of Civil Procedure, and, relying on the decision in Narasimha v. Ayyan I.L.R. 12 Mad. 157), dismissed the claim with costs.2. The contention in appeal is that the Judge has jurisdiction, and if he has no jurisdiction, he ought to have returned the plaint to be presented to a Court of competent jurisdiction. It is urged that since Narasimha v. Ayyan I.L.R. 12 Mad. 157), was decided, Section 539 has been amended, and that, as pointed out in Chimpa v. Pattabhirama (Appeal No. 199 of 1887 not reported), th...
Tag this Judgment!Court : Chennai
Reported in : (1896)6MLJ478
Arthur J.H. Collins Kt., C.J.1. This is an appeal by Mr. Robert Fischer, a barrisier-at-Iaw, who has been convicted under Section 68 'of the Indian Christian Marriage Act of 1872.2. The facts of the case appear to be as follows:--Mr. Robert ' Fischer is a Lay Trustee of Saint George's Church, Madura, and in Aril and May last the Native Pastor of that Church published the banns of marriage between Samuel Louis Ormsby and Miss Bibiana Elizabeth O'Connor both of whom profess the Christian religion. A day was appointed for the marriage ceremony to take place; but the Incumbent of the Church was away on duty ait Kodaikanal and the Native Pastor left Madura apparently on some private business 3' days before the manrags was to take place in spite of urgent requests that he would stay and parform the ceremony. Mr. Fischer was then asked to perform [464] the ceremony as he was a Lay Trustee of the Church. Mr. Fischer sent a letter to Mr. Wansbrough, the Incumbent informing that gentleman that h...
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad342
Arthur J.H. Collins, Kt., C.J.1. This is an appeal by Mr. Robert Fischer, a Barrister-at-Law, who has been convicted under Section 68 of the Indian Christian Marriage Act of 1872.2. The facts of the case appear to be as follows: Mr. Robert Fischer is a Lay Trustee of St. George's Church, Madura, and in April and May last the Native' Pastor of that Church published the banns of marriage between Samuel Louis Ormsby and Miss Bibiana Elizabeth O'Connor, both of whom profess the Christian religion. A day was appointed for the marriage ceremony to take place; but the incumbent of the Church was away on duty at Kodaikanal and the Native Pastor left Madura apparently on some private business three days before the marriage was to take place in spite of urgent requests that he would stay and perform, the ceremony. Mr. Fischer was then asked to perform the ceremony, as he was a Lay Trustee of the Church. Mr. Fischer sent a letter to Mr. Wansbrough, the Incumbent, informing that gentleman that he ...
Tag this Judgment!Court : Kolkata
Reported in : (1893)ILR20Cal116
Ameer Ali, J.1. The question raised in this reference is of such vital importance to the Mahomedans of India and so materially affects their law and religion, the enjoyment of which has been guaranteed to them by the British Government, that I must state at some length the reasons that have compelled me to differ from my colleagues.2. The facts of the case are as follow:One Bikani Mia, a Mahomedan inhabitant of Dacca, shortly before his departure in 1874 on a pilgrimage to Mecca, executed a wakfnama in respect of a considerable portion of his property and registered the document in accordance with the law.The deed recites that the executant was in the full possession of his sense and power of understanding,' that he was not indebted to anybody, that the property to which it related was acquired by Bikani himself, and that he had an 'exclusive right, ownership and possession therein.3. The executant then goes on to say--I now think it advisable to lay down, according to our Mahomedan sh...
Tag this Judgment!Court : Kolkata
Reported in : (1893)ILR20Cal609
Pigot, J.1. These appeals are from the judgment and decree of the Subordinate Judge of Gaya in each of two cases heard before him. Appeal 300 is brought in suit 88 of 1889, appeal 244 in suit 25 of 1889 in the Sub-Judge's Court.2. The suits are brought to enforce claims said to arise in virtue of a stipulation contained in a bharnanama or deed of usufructuary mortgage, dated the 10th Assin 1288 (29th September 1880), between Sir Jai Prakash Singh, K.C.S.I., then Raja of Deo, and his son, defendant No. 1, who is the present Raja, on the one part, and the plaintiff on the other. By that deed 83 mouzahs were given in bharna for nine years, up to Jeth 1296 (May 1889), to the plaintiff to secure the sum of Rs. 3,35,000, with interest at eight annas per centum per mensem.3. The mouzahs mortgaged, which are set out in the schedule to the deed, are described in the instrument as held in mokurrari and lease on annual uniform and varied rentals. The deed provides that the mortgagee shall remain ...
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