Court : Kolkata
Reported in : (1881)ILR6Cal608
..... by the english law as the period to which the user must extend is not easy to say, and i have not been able to discover; but there is a good reason for a lengthened period to be found in this, that it affords ample time for those interested in preventing the acquisition of a right, to interfere and resist. it ..... been referred to-joy prokash singh v. ameer ally 9 w. r., 91, decided in the year 1868-in which peacock, c.j., after referring to the english prescription act, says,-'that act, however, does not apply to the mofussil here, and there is no magic in the number 20. i am inclined to think that by analogy to the indian limitation ..... legislature has fixed that period as the limit for a suit lo recover immoveable property. but the argument founded on this circumstance fails, for the legislature has by the same act prescribed twenty years as the time for the acquisition of easements and certain profits a prendre, and there is a much closer analogy between such rights and the right claimed .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal633
..... in ex parte dorman (l. r., 8 ch. app., 51), where one of the partners was, an infant, and therefore not within the bankrupt act.45. i am of opinion that the goods and chattels of the firm, which were covered by the mortgage and further charges, did not vest in the official assignee upon the insolvency of morgan and ..... of filing the petition, by the consent of the true owner thereof, have in his possession, order, or disposition any goods or chattels, whereof such insolvent is reputed owner, or whereof he has taken upon him the sale, alteration, or disposition as owner, the same shall be deemed to be the property of such insolvent so as to become ..... that. the word 'possession' should have such a meaning as to exclude a person not in actual possession. the words of the act are possession, order or disposition, not order and disposition. the insolvents took upon themselves the 'sale, alteration or disposition' of the mortgaged property. that is a question of fact-horn v. baker 9 east, 215 and ex .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal794
..... and all manner of actions and suits against all and singular the inhabitants of the said city of calcutta, provided that their inheritance and succession to lands, rents, and goods, and all matters of contract and dealing between party and party shall be determined, in the case of mahomedans, by the laws and usages of mahomedans, and in the ..... or she marries.' that is evidently a prospective provision; and it is intended, as it seems to me, to leave rights unaffected which had already been acquired before the act passed.41. the only remaining point argued by mr. phillips was one of a somewhat technical nature. it is not noticed in the judgment of the lower court, ..... simple estates existed, but merely that it was thought advisible to take precautions to prevent the widow from claiming. the right to dower was swept away by the succession act. section 4 provides that no person shall by marriage acquire any interest in the property of the person whom he or she marries; and sections 25-28 provide .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal213
..... 146). in the last case sir richard couch says sary listinctly, that an attachment before judgment 'cannot be regarded as the nception of an execution, or as binding the goods in such a manner as to exclude the right of the official assignee accruing after such attachment, but before judgment and warrant for execution.'2. we, therefore, set ..... after judgment shall have priority over the vesting order, and not, as here, attachment before judgment; and secondly, that case was governed by the procedure prescribed in act viii of 1859, under which the first attaching-creditor had priority over other judgment-creditors. but no such priority is allowed under the present on procedure code ..... , act x of 1877. it seems to us that this point, viz., that preattachment before judgment does not take priority over the vesting order, has the been .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal474
..... land in ruttonpoora village.9. it is only necessary to remark, that the deferdant's contention that the plaintiff is bound to make good the full quantity of land from lands in his possession in villages other than ruttonpoora, is not borne out by the terms of the ..... the grounds of appeal are directed against the two propositions laid down by the subordinate judge.7. the appellant relies on section. 56, act ix of 1872, and argues that his contract has become, since it was made, impossible. there can be no doubt that his contention ..... tenant from ejectment, is not enough. we are informed it was a decree for rent and for ejectment under section. 52, beng. act viii of 1869; but it may be that the decree was for a sum which the plaintiff could not reasonably be expected to pay, ..... have no security for his payment. the law which allows any one interested in protecting a tenure from sale to pay up a decree, gives him full security in the shape of a right to take possession of the tenure (section. 62 .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal91
..... ought not to go into them.8. at the same time he threw out a suggestion in his judgment, that possibly the last words of section 316, as amended by act xii of 1879, might help the judgment-debtor, or might operate to make the certificate already granted a nullity, and that a substantive application might perhaps have the effect ..... limitation was raised, nor is he shown even to have been cognizant of these proceedings. he purchased, apparently, in perfect good faith; and the question now is, whether, after the lapse of nearly two years from the date of the sale, and one and-a-half year from the date of its confirmation, the auction-purchase is to be set aside, ..... and no attempt made by the execution-debtor to stay its confirmation, the subordinate judge had no power to set aside the sale by a summary order; and we think moreover, that under sched. ii, article 165 of the limitation act, the application which was made to him ought not to have been entertained.15. we say nothing as to the right .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal256
..... is given, the onus of proving the bill or note is generally thrown upon the defendant; as thus, suppose the plaintiff's claim is for goods sold, and he proves at the trial the sale of the goods and the price. this constitutes his prima facie case. the defendant says, 'yes but i gave you a promissory note for the price of those ..... by limitation.11. it was ingeniously suggested in argument on behalf of the plaintiff, that as article 64 [q. v. supra, 7 cal. 259. of schedule ii of the limitation act says nothing in the third column as to accounts stated by word of mouth, that article must be considered as applicable only to accounts stated in writing, and that as ..... date. the plaintiffs, however, declined to pay the additional stamp; the attention of the learned chief justice does not appear to have been drawn to the provisions of the stamp act, and certainly, as far as we can see, the point was not argued.15. we find, however, a decision in this court by phear and morris, jj.--- nandan misser .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal585
..... to the rent which he receives from the patnidar. he is the owner of it under the government; and in the event of the patni coming to an end by sale, forfeiture, or otherwise, the property would revert to the zamindar, who might deal with it as he pleased in its improved state; and although in some cases, and possibly in ..... had some doubt whether the view which we were at first disposed to take was correct, we have had the case argued a second time.2. under the land acquisition act of 1870, the government took a small piece of land, containing rather more than four bighas, in the district of dinagepore, for the purposes of the northern bengal state railway .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal753
..... 147) is directly in point, and was decided on the new registration acts. the bombay high court here decided that a prior unregistered deed of sale, registration of which was optional, followed by possession, created a good title, which could not be defeated by a subsequent registered sale-certificate.26. 17. in sheo dyal aheer v. gool mahomed khan 2 ..... person intervened in the suit, claiming to be in possession of the tank under a subsequent registered deed of sale, dated the 5th srabun 1274 (19th july 1867) from the same person. section 50 of the registration act, xx of 1856, was held applicable, and the subsequent registered instrument was held to prevail. here the possession ..... r., 30 it was decided that a kobala registered under the 'provisions of act xix of 1843 has no priority over an unregistered kobala under which enjoyment has actually taken place. section 2, act xix of 1843 enacted as follows:---'every deed of sale or gift of lands, houses, or other real property, a memorial of which .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR7Cal421
..... 's order and position, so as to avoid the effects '(sic)lis bankruptcy. 'the only question,' (sic) lord justice james, 'is, whether possession was taken by the true owner the goods with the intention of as(sic)rting his rights; ' and lord justice. thesiger added, 'the debtor had, as in vicarino v. hollingsworth (20 l. t., n. s., 362), the ..... to the control of the man who was put in possession, and who was there to sea that the use was in accordance with the rights of the bill-of-sale holder.'7. these cases, however, are very different from a case like the present, in which the property consists not of furniture which remains the same, but of ..... character.8. it appears to me that the goods were in the possession of mr. boileau and are prima facie his, unless it can be shown that they were in the order and disposition of the insolvent, for the insolvent act, like the more recent bankruptcy acts, uses the expression possession, order or disposition, unlike the act of james the 1st, which uses the .....
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