Court : Mumbai
Decided on : Apr-29-1876
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
Decided on : Aug-14-1876
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
Decided on : Oct-02-1876
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...
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