Court : Kolkata
Decided on : Feb-07-1889
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
Decided on : Apr-12-1889
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...
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