Court : Kolkata
Reported in : (1878)ILR3Cal271
..... act viii of 1869; because we have had the lease in question read, and it appears to be one 'not specifying the period of the engagement;' so that, until he had received such a notice as the section requires, the defendant could ..... act viii of 1869. .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal612
..... there are no doubt cases--i am speaking now of the state of the law before the specific relief act was passed--in which a plaintiff has been allowed to say: 'the defendant sets up a title, a mortgage or any other title, embodied in a certain document. ..... it appears to me, therefore, that under the law as it stood before the specific relief act was passed, the plaintiff could not maintain the present suit. ..... the words in section 15 of act viii of 1859 are to be interpreted as giving a right to obtain a declaration of title only in those case in which the court could have granted relief, if had been prayed for-nilmony singh deo. v. ..... broughton in his edition of act viii of 1859--padagalingam pillay v. ..... the power of the court to prass declaratory decrees is now to be found in section 42 of the specific relief act (i of 187). .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal616
..... upwards of a 100 exhibits were filed, and the judge, after entering into considerable argument as to whether certain sections of the evidence act applied, as regards the admissibility or otherwise of certain documents, has come to the conclusion that a prima faice case has been made out in this case as to the alleged adoption of gobind chunder chowdhry under an onoomutee puttro ..... this is an application, not as the judge states for a certificate to collect debts due to the estate of kalee sundari chowdrain, who had no interest beyond a life-interest, but it is an application for a certificate under act xxvii of 1860, to collect debts due to the estate of the late gournath chowdhry. ..... 476 referred to by the pleader for the appellant in the course of the argument, the judge was bound to inquire which title was made out for the purposes of the legal requirements of the act, these learned judges also observe that no title can be judicially determined between the parties as the result of the inquiry made under act xxvii of 1860. ..... in a case of this description under act xxvii of 1860, although under the ruling in mussamut anuncla kooer v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal354
..... a former suit had been brought by the plaintiff against gourhurry shaw and the defendants; but as the note was signed by gourhurry alone, professing to act for himself and the defendants, and as the plaintiff did not prove at the trial that gourhurry had authority to act for the defendants in making the note, the plaintiff obtained a decree against gourhurry alone, leave being reserved to the plaintiff by the learned judge to ..... hill, that the effect of section 43 of the indian contract act is to enable a promisee to sue one or more of his joint promisors severally in two or more suits; or, in other words, to change a joint liability into a several one at the option of the promisee; but this, i conceive, is not the object or ..... it is a rule which in my opinion is founded on strict justice and public convenience; and it has been acted upon in this court in the case of nuthoo lull chowdry v. ..... hill contended that section 43 of the contract act did away with the rule that the second suit was barred in such a case as this ..... it is true that the rule upon which i am acting may possibly lead to some hardship in cases when one or more of several co-contractors is out of the jurisdiction, and the plaintiff, if he waits for his return, would be barred by the statute of limitation ..... i also understand it to have been conceded on the argument that this is a question which is to be determined by the english law of contract, except so far as the same may have been modified by the indian contract act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal716
..... 22nd november 1870 was not made under section 212 of the civil procedure code, but be says that it was an application 'to keep in force' the decree within the meaning of article 167 of schedule ii of the limitation act as interpreted by the full bench in in re chunder coomar roy v. ..... been removed by the decision in the subsequent regular suit;' and, therefore, for these reasons the learned judges held that it was not an application to execute the decree within the meaning of schedule ii, article 167 of act ix of 1871. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal33
..... money on mortgage of the estate at any time, and more especially after her own marriage; and contends that it is evident from the facts apparent on the record that she derived no benefit from her mother's acts; but, on the contrary, will be seriously prejudiced if they are allowed to have effect against her.11. the right under the mahomedan law of a mother to the guardianship of her minor daughter was discussed at the hearing ..... in this suit he held that, although by the mahomedan law a mother is not the guardian of the estate of a minor child, yet, as a matter of fact, umda khanum had acted as guardian of her daughter from the death of wahid ali in 1858, when abhassi was an infant of a few months old, up to the time when she attained her majority; and that during this period of nineteen ..... . but if we allow the plaintiff in this case to sue on her mortgage as on a valid mortgage of the minor's share, we shall in effect declare that section 18 of act xl of 1858, so far as it limits a guardian's power, is inoperative, and may be safely ignored by any one who chooses to bargain for the minor's property in contravention of its ..... . that case was decided on appeal to her majesty in council before the passing of the act of 1858 and, like many other cases of completed alienations to be found in the reports, was a suit by a minor after attaining majority to undo the acts of his guardian, by which his (the minor's) property had been charged with a mortgage, and given over into the hands of a .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal564
..... with the procedure of the supreme court in reference to trusts concerning property, which could not, under any circumstances, come under the direct control of government, such a suit as the present is not brought under act xx of 1863, but under the ordinary original jurisdiction of this court, inherited from the supreme court, and conferred upon the supreme court by its charter--a jurisdiction similar in its general features to that of the lord ..... such suits are very of ton vexatious and open to abuse, and we consider that a procedure similar to that which is provided by act xx of 1863, for suits to which that act extends, might usefully be applied to all suits of this nature. ..... justice norman; but having carefully considered the act xx of 1863, we are unable to agree in the view that it was intended to apply to such a suit as this. ..... the first thirteen sections of the act clearly do not apply, and although the language of section 14, which empowers any person interested in a religious endowment to sue a trustee, is general in its terms, yet we do not consider that the legislature had in its contemplation to interfere ..... --that no leave of the court to bring the suit has been obtained under section ib of act xx of 1863.2. .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal175
..... we accordingly adjourn the hearing of this appeal to a future day, of which due notice will be given to the parties, and in the meantime we direct, under section 73 of act viii of 1859, that the bengal coal company be made defendants, and that notice of that fact be served upon them as prescribed in that section. ..... it appears to us quite clear, that article 113 of scheduleii of the limitation act is expressly made applicable to suits of this nature; and by that article the three years' limitation runs, not from the time of the making of the agreement which is sought to be enforced, but from the time when .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal50
..... section 29 of the present rent law declares that 'suits for the recovery of arrears of rent shall be instituted within three years' from certain specified dates; and, like act x of 1859, which it has replaced, contains no provisions for relaxing that term, such as are contained in the general law of limitation.3. ..... we may at once dismiss the objection arising out of any alteration of jurisdiction, since that cannot affect the point in dispute, the terms of the two rent acts being similar in providing for limitation in suits for the recovery of arrears of rent; nor does the mere fact that limitation for arrears of rent is provided for in scheduleii, article 110 of act ix of 1871, in our opinion, affect the reasoning on which the judgment of the full bench proceeded. ..... now, under the general law of limitation (act ix of 1871), this would be allowed, as special provision is made for such a contingency; but the matter for consideration is whether that law applies to suits under the rent law, and whether the law of limitation for ..... 21, on which both the lower courts have relied in dismissing this suit, has clearly laid down that the general law of limitation does not apply to rent suits under act x of 1859; but it is argued before us that the terms of the general law of limitation are not now (act ix of 1871) the same as they were then (act xiv of. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal76
..... appellant impugns the conveyance which has been upheld by the lower appellate court is that the guardian who conveyed the property on behalf of his minor son was not a guardian appointed under act xl of 1858; and it is contended that no guardian acting as what is called in this judgment a natural guardian can exercise higher powers than a guardian appointed under the law; that is to say, the power of a natural guardian is limited to granting leases for a period ..... it seems to me, therefore, that there is no ground for saying that this act of the natural guardian done for a legal necessity was done without authority. ..... but it seems clear to me that, not to speak of other considerations, act xl of 1858 made clear provisions for cases of estates of small value, and distinctly provided that, in regard to such estates, or even in other circumstances where it might appear advisable, the court might dispense with the production of .....
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