Court : Kolkata
Reported in : (1896)ILR23Cal604
..... make no special recommendation as to how the prisoner should be dealt with; but we deem it right to observe that, though having regard to the language of section 84 of the indian penal code we must hold that the accused is not entitled to be acquitted, we think that the murder was committed without any apparent sane motive; that the accused was at the ..... the subject is that laid down in section 84 of the indian penal code which enacts that 'nothing is an offence which is done by a person who at the time of doing it by reason of unsoundness of mind is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary ..... against the plain language of section 84 of the indian penal code, and the received interpretation of that section ..... case, we must say we are unable to hold that it has been shown that the accused at the time he killed the child, was, by reason of unsoundness of mind, incapable of' knowing the nature of his act, or that he was doing what was either wrong or contrary to law. ..... acquitting him on the ground of unsoundness of mind, but the learned sessions judge disagreeing with them has convicted him of murder and sentenced him under section 302 of the indian penal code to transportation for life.2. ..... a ground of exemption from criminal responsibility, the nature and the extent of the unsoundness of mind required being such as would make the offender incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law. .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal216
..... it is not necessary to refer to any modifications introduced by the indian succession act, as they do not affect the question raised in the present case ..... shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten] of the evidence act, in the absence of such evidence,- regards the presumption of legitimacy arising from conception during a valid subsisting marriage as conclusive. ..... having regard to the provisions of section 114 of the evidence act, which only embodies the general principle that an act of court must be presumed to be done validly, i must hold that everything was done which was required to be done in the interests of the ..... 's con(sic)ter on: ' the learned judge in the court below has alluded to the judgment of (sic)re privy council in the case of the mayor of lyons v. ..... therefore, find as a fact on the evidence in this case and the presumption of law under section 112 of the evidence act, that elizabeth thorose was the legitimate child of gasper and mariam. ..... last case on the point decided in the privy council is that of the mayor of lyons v. ..... was held by the privy council in gajapathi radhika v. ..... which, from their very nature, were only passed for reasons connected with england, and which would not be applicable to india or any other colony of the british crown, as, for instance, the mortmain acts, the law of aliens, and the like.'41. .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal77
..... at page 412 of 6 moore's indian appeals their lordships of the privy council say: 'upon the third point it is to be observed that under the hindu law the right of a, bond fide encumbrancer who has taken from a de facto manager a. ..... we see no reason why the observations of the privy council if; hunooman perasud pandey's case with reference to the manager for an infant heir should not apply equally to a de facto manager of an endowment. ..... there is nowhere in the case for the plaintiff anything to suggest that his predecessor on the quddi acted improperly in raising money or otherwise than for necessity.14. ..... a person who wrongly holds as trustee and pretends to act as trustee cannot be entitled to reprobate the right which he asserts and to contend that he holds adversely to his cestui que trust. ..... we also think that we must hold that article 91 of the limitation act has no application to the present case. ..... he continued as mohunt, and in his dealing with the property in 1881 he acted in that capacity. ..... they acted not only bond fide, but it appears to us they exercised a good deal of care in the different transactions. .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal239
..... . the result of the judgment of the court is that the suit is dismissed, not only against the secretary of state for india in council, but also against the defendant radharomon shaw with costs both in the court below and in this court.16 ..... 'no suit shall be instituted against the secretary of state in council, or against a public officer in respect of an act purporting to be done by him in his official capacity, until the expiration of two months next after notice in writing has been, in the case of the secretary of state in council, delivered to, or left at the office of, a secretary to the local government or the collector of the district, and in the case of a public officer, delivered to him or left at his office, stating the cause of action,' and so forth ..... . in lieu of reading section 424 by the light of the decisions of the english courts in cases under various english acts of parliament, where the language and in most cases the objects of the acts are different, i prefer to read the section itself and try to arrive at a conclusion from the language used as to what the legislature actually ..... . his judgment, with much display of learning and research, is a good example of the practice which lord herschell condemns, and the mischief which the indian succession act, 1865, seems designed to prevent ..... . it is true that in that case the judicial committee was dealing with the question of the construction of a will having regard to a particular section of the indian succession act.9 .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal646
..... 637 cited for the respondents, bear upon the present question, the sections of the indian succession act, of which the application to hindus was held in those cases to be restricted by section 3 of the hindu wills act, having really the effect of authorising the creation of an interest in property which a hindu could not create before, namely, an interest in favour of ..... the other hand, the learned vakils for the respondents contended that, having regard to the last proviso to section 3 of the hindu wills act and to the provisions of the hindu law as laid down in the dayabhaga, chapter iv, section i, *** 23 which governs this case, section 82 of the succession act cannot have any application here: and that, even if it was applicable, still the will should not be construed as giving the widows any ..... been authoritatively settled by the decision of the privy council in rai bishen chand v. ..... hand, a condition, requiring residence in a certain house to entitle the legatee to the estate bequeathed, was considered valid by the judicial committee of the privy council in ganendro mohan tagore v. ..... 11 in which the privy council did not think it necessary to decide the point, lay down the broad rule that the appellants contend for, the learned chief justice distinctly observing, as a reason for construing the bequest as ..... like this, which is the will of a hindu, 'it is not improper,' observe their lordships of the privy council in mahomed shumsul huda v. ..... band, the privy council in rewun persad .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal589
..... it cannot be said that the adopted son to whom the fund is given on the widow's death is incapable of being a recipient of the bequest, for by section 99 of the indian succession act it is provided, that, if property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or ..... seeing, therefore, the fact that the right to accumulate has been recognized if not actually affirmed both by the supreme court and the privy council, and that a direction to accumulate is no new expedient, and having regard to the various considerations i have discussed, i hold that it is not incompetent for a hindu with proper limitations to direct an accumulation of ..... it is admitted on the part of the defendants, indeed, it is a part of their argument, that though the widow's discretion under a delegated power is absolute in the sense that she cannot be compelled to act upon it, unless or until she so chooses, still any condition or clog can be imposed upon the exercise by her of this delegated power, and it therefore appears tome that so far as the association of the ..... 41 (61) the following passage is contained in the judgment of the privy council: 'in the first place it is to be observed that the testator has given no direction to accumulate; it remains, therefore, to be seen whether the court can find from the words of the will, as was .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal160
..... he finds as a fact: 'it has been already shown that it has been proved by the evidence of the witnesses of both sides that the projection in question existed since long before any municipal act came into operation in this town, and it has been proved by the evidence of the plaintiff's witnesses that the old sajah was pulled down about two years ago, and that the iron brackets ..... to be fought out upon its merits, and both parties desire to have the decision of this court upon the point of law involved, by putting, perhaps, a somewhat liberal construction upon section 42 of the specific relief act, i think that, as the parties desire it, the case ought now to be decided upon its merits, and that exception ought not now to be taken as to whether or not the plaintiff was premature in bringing this ..... though, literally speaking, the new projection was put up after the dates mentioned in section 204, reading section 204 with sections 206 and 233 of the act, i think that the law makes a clear distinction between a new projection or a projection put up for the first time after the dates mentioned in section 204, and a projection ..... though i am not prone in construing acts of the indian legislature to refer to cases decided in the courts of england upon the construction of certain english acts of parliament, i feel that the view i entertain upon this case receives support, so far as the principle is concerned, ..... , in my judgment, impaired by the more recent case of the london county council v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal354
..... that the suit, so far as the plaintiff sought to oust the defendant from the office of, shebait and to recover possession of the endowed properties as shebait, was barred by limitation under article 120 of schedule ii of the limitation act; third that the court below should i we held that the suit, so far as the plaintiff seeks to recover possession of properties other than those of rani annapurna, was barred by limitation under article 144 of the said ..... from the defendant who was holding it as his adopted son, their lordships observe: 'it thus appears that the expression 'set aside an adoption' is, and has been, for many years applied in the ordinary language of indian lawyers to proceedings which bring the validity of an alleged adoption under question, and applied quite indiscriminately to suits for possession of land and to suits of a declaratory nature. ..... 139 in which a similar question arose, their lordships of the privy council, in the absence of evidence to the contrary, held that the marriage in dispute was according to one of the four approved forms ..... two of these being decisions of the privy council, if they are in point, we are bound to follow ..... what their lordships of the privy council said in the case of gridhari ball boy ..... 's translation, page 243), a text of a sage which is recognised as an authority; and there being a doubt thus raised, the viramitrodaya, which is a work of authority in the benares school, should, as observed by the privy council in gridhari lal boy v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal283
..... the contention was that, inasmuch as section 2 of bengal act vii of 1880 provides that that act shall, as far as is consistent with the tenor thereof, be construed as one with act xi of 1859 passed by the governor-general in council and act vii of 1868 passed by the lieutenant-governor of bengal in council, the provisions of section 34 of act xi of 1859 apply to the present case. ..... ruling, unless we were clearly of opinion that the point ought to be referred to a pull bench, we must, therefore, vary the order of the court below to this extent, that the costs awarded in sterling by her majesty in council must be converted into indian currency at the rate of exchange for the time being fixed by the secretary of state for india in council at the time when the order of her majesty ..... we think that section 2 of bengal act vii of 1880 cannot have the effect of making the provisions of section 34 of act xi of 1859, which relates to a decree annulling one class of sales, applicable to such a decree as is referred to in section 20 of act vii of 1880, that is a decree setting aside a sale of another ..... question which arises in this appeal is as to the time when the rate of exchange is to be calculated on the costs expressed in sterling in the order of her majesty in council. ..... is an appeal from an order of the district judge of tirhoot, disallowing an objection by the judgment-debtor to the execution of the decree in respect of costs awarded against him by an order of her majesty in council. .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal305
..... as a matter of fact the smaller amount was not actually paid within the stipulated time; but what; was found was this, that by reason of the acts and conduct of the mortgagee, decree-holder, either in not helping the mortgagor, judgment-debtor, or in actively opposing him, in selling the mortgaged property with a view to realize money for the payment of ..... appears to me consistent with the law as laid down by the privy council in the case of dakhina mohan roy v, saroda mohan roy, (1893) ..... the provision of the law that governs this case in my opinion is section 69 of the contract act which says: 'a person who is interested in the payment of money which another is bound by law to pay, and who, therefore, pays it, is entitled to be re-imbursed ..... by the decision of the privy council in the case of dakhina mohan roy ..... if the case had rested upon the determination of the simple question of act as to whether the amount had or had not been paid within the stipulated me, the case might have stood on a different footing; but here, if we were to hold that the mortgagee was not interested ..... that being so, i think upon the provisions of section 69 of the contract act, as well as on general principles of justice, equity and good conscience the decree made in favour of the plaintiff is right and ought to ..... was interested in the payment of this money within the meaning of section 69 of the indian contract act. ..... what has been said at the bar that that order is now under appeal to her majesty in council.5. .....
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