Court : Kolkata
Reported in : (1881)ILR6Cal291
..... it necessary to state them at length. there, in the case of a conviction under the bumboat act, it was asked, shall the magistrate, by calling a seventy-four gun ship a boat, give himself jurisdiction and preclude inquiry the learned judge gave the answer--'whether the vessel were a boat or no was a fact on which the magistrate ..... .'10. 'but where a charge has been well laid before a magistrate, on its face, bringing itself within his jurisdiction, he is bound to commence the inquiry: in so doing he, undoubtedly, acts within his jurisdiction; but in the course of the enquiry, evidence being offered for and against the charge, the proper, or it may be the irresistible, ..... clearly in effect to show that the magistrate's decision was wrong if he affirms the charge, and not to show that he acted without jurisdiction: for they would admit that, in every stage of the inquiry up to the conclusion, he could not but have proceeded, and that if he had come to a different conclusion, his judgment of .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal720
..... to enquire whether or not it was in their custody, or in whose custody it was. in short, no search for it, or inquiry respecting it, of any kind, has been shown. under these circumstances, by the law of this country, which has been in a great ..... his father's debts out of his own property. with respect to this deed the findings of the court are as follows:- the judge of first instance doubted its execution by chundramoni; he thought that, if executed, the execution was obtained from her by fraud and coercion ..... by mr. doyne that the general conduct of the family shows that a family arrangement, such as is contained in this deed, was acted upon and recognised by the family. but whatever arrangement there was, according to his case, was under a deed, and at the most ..... referred to in a proceeding in the year 1832, whereby it appears to have been filed by one kasinath moitra, who then acted as a solicitor for some of the members of the family. it is also shown to have been filed in 1837 by the .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal608
..... to presume such a right from any number of years' user according to their own discretion. if this were the law, it would inevitably work unfairly, because different judges might act upon a different rule according to their own notions upon the subject. it is not only right, as it seems to me, but in conformity with the law ..... resumed ferry may have been included in the permanent assessment of the estate to which it has heretofore been annexed, the board or commissioner under whose orders the inquiry may be conducted shall report the circumstances, with an opinion on the merits of the claim, for the consideration and orders of the governor-general in council; ..... the truth of the matter.white, j.12. i agree that the plaintiffs should have the opportunity of examining their further witnesses, provided they satisfy the subordinate judge as regards the particulars mentioned in the judgment of the chief justice.13. the suit out of which this appeal arises is for the disturbance of a ferry claimed .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal687
..... the executors has been dealt with both by the court and by the parties on too narrow a footing.77. the question to be tried, as stated by the learned judge at the commencement of his judgment, was this, 'whether the story told by bibee rubbia and mahomed gouse as to the interviews and oral communications during the negotiations for a ..... to the payment of the rs. 30,000 is proved to be a fabrication, the entire case and conduct of moheeoodeen are open to the gravest suspicion.51. the learned judge settled six issues in this suit:1. did the original defendants, the executors, make the representation to bibee rubbia alleged in the 6th paragraph of the plaint?2. did bibee ..... us. it was a pretty large balance.' at the time of the compromise rohim shaw was in calcutta, and acted in it as the defendants' agent, as abdool azeez admits.65. is it conceivable that rohim shaw, the gomastah, had made no inquiry of doorga churn law, or was ignorant of the existence of the company's papers for two lacs or .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal263
..... satisfy any court of the relative value of produce in any given period. i do not know a more difficult subject of inquiry, and i have frequently hold---and i see no reason for change of opinion---that the price of grain during a short ..... testimony of witnesses of the cultivating class; and that the only evidence which he will regard as relevant in an inquiry of this kind, is the evidence of traders and merchants with books of accounts, by referring to which they may refresh their ..... stated from memory the prices which, to their knowledge, have prevailed in the locality for a number of years back. the subordinate judge dealt with the testimony of these witnesses, and upon this evidence he came to a certain conclusion. whether upon this evidence this conclusion ..... in this case is no safe guide to the value of produce, and cannot be acted upon.'4. now it has been contended on the part of the appellant, that the district judge has here prescribed a general rule as to the evidence to be given in this .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal34
..... an incumbrance, but omitted, to specify the amount of the mortgage debt still outstanding. this would leave the incumbrancer in a more favourable position than any one else to judge of the value of the equity of redemption, and as he was the purchaser, it is probable enough that this irregularity did occasion substantial injury to the judgment-debtor.14 ..... in section 290 of reference to the proclamation on the spot as one of the events which must occur at a specified time before the sale, is, that the act regards the proclamation on the spot and the fixing of it up in the court as simultaneous proceedings.12. in the present instance, as the distance of the property ..... the spot as required by s. 274; that the deputy commissioner should have given the judgment-debtor an opportunity of proving this; that he improperly received in evidence and acted on the reports of the nazir and peon; that even if the proclamation was made on the spot, it admittedly was not made until the 10th may, five days .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal163
..... a certain undertenure was sold in execution of a decree for rent, and after this sale, an application was made to the subordinate judge under section 311 of the code of civil procedure to have the sale set aside on the ground of material irregularity in publishing ..... between these provisions, and the corresponding provisions of the code of civil procedure. these two sections or any other portions of the rent act of 1869 do not, however, contain any provisions as to the manner in which the sale is to be conducted, the person by ..... a sale made under the provisions of chap. xix of the code of civil procedure.3. now sections 59 and 60 of beng. act viii of 1869 do not contain any sale procedure. section 59 provides that, when an undertenure is ordered to be sold, a notice ..... sale of an undertenure, to a sale held, as he puts it, under the provisions of sections 59 and 60 of the rent act. he says, that section 511 of the code of civil procedure can only apply to sales made under chap. xix of the same .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal42
..... for the defence should be read to us, and it has been read to us, and we have no hesitation in saying that the judge, by making no reference to it in his charge to the jury, acted favourably rather than otherwise towards the prisoner. for, if reference had been made to that evidence, it would at the same time have been ..... cutcherry-house. there is also evidence to show that jan ali suddenly disappeared from the cutcherry-house. it is further shown that inquiry was made in his native village whether he had returned there; but the result of the inquiry was that nothing had been heard of him. it was therefore impossible to say where jan ali was or to serve him ..... with a summons. we think, under these circumstances, that his deposition was properly usable under section 33 before the sessions court; and it does not appear that any objection was made before the judge to its .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal65
..... , is made the chief ground for convicting them. it is an elementary rule that no one should be condemned in his absence, and yet the sessions judge has acted in a manner directly opposed to it. we, therefore, are obliged to place entirely out of consideration any statement made by any of the accused in ..... for ten years, and alum poramanick and hukim poramanick to rigorous imprisonment for three years.3. concurring with one assessor, but differing from the other, the sessions judge has further convicted malu sheikh, modhone sheikh, mudhee sheikh, and kolimuddeen pathan, of riot, but he has, differing from both assessors, also convicted the last named ..... permanent injury to the right arm of khaim sheikh caused by gunshots, and minor injuries to others, also caused by gunshots and by cutting weapons.2. the sessions judge, in concurrence with both the assessors, has convicted chandra nath sirkar, alum poramanick, nundo manjhi, and hukim poramanick of riot under section 148 of the penal .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal208
..... in the case now before us, if he thought proper, to apply for an order under section 298, that a further inquiry into his complaint might be made, notwithstanding the order of dismissal; but he did not think it proper to do so, ..... is essential to its validity,---such as, for instance, is necessary in the case of a court committing case or sending it for inquiry under section 471. i am unable to concur in the opinion expressed on this point in syed nissar hossein v. ramgolam singh ..... too readily. they should also recollect that when they proceed under section 471, the responsibility for the prosecution rests upon the judge entirely; such a prosecution being a very different thing from a prosecution instituted on the complaint of a private party and ..... any possible doubt, or in which it is not perfectly certain that the judge's decision must be upheld in the event of there being an appeal in the civil suit, the judge acts indiscreetly and wrongly, if, the moment he has given his judgment in .....
Tag this Judgment!