Court : Kolkata
Reported in : (1879)ILR4Cal222
..... for the time being in charge of the district of the sonthal pargannas with the powers of a district judge as described in act vi of 1871, has the effect of making the sonthal pargannas a district as defined in section 386, act viii of 1859; and consequently the provisions of section 12 apply to these pargannas in cases governed by section 2 of the regulation of 1872, which preserves the operation of act viii of 1859 in suits in which the subject is above rs. 1,000 in value, triable in courts constituted ..... . 1,000 in value to be tried by the ordinary civil courts under the law in force for the time being; and that act viii applied to such suits, at least up to the abolition by government notification of 1873 of the jurisdiction of such courts within the sonthal pargannas.24 ..... . the first paragraph of the 3rd section runs thus: 'subject to the provisions of this regulation, the regulation and acts mentioned in the schedule annexed to the regulation, or such portions of them as are unrepealed, shall be deemed to be in force in the sonthal pargannas ..... . it seems to us that he did not do so, for while he terminated the jurisdiction of the courts previously constituted under act vi of 1871, he constituted a now set of courts under that act by virtue of the authority given to him by section 4 of the regulation, the language of which exactly agrees with the language of section 10 of act vi; and these courts, by section 11, are subject to the superintendence of the high court .....
Tag this Judgment!Court : Kolkata
Reported in : (1878)ILR3Cal818
..... in surnomoyee's case a patni was sold for arrears of rent under act viii of 1819. ..... talook; and it is not because he has made a mistake, and by that mistake put the defendants to the cost and inconvenience of a long litigation, that he has a right now to claim immunity from the provisions of the limitation act.23. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal190
..... the ground of the present appeal is that they are wrong, inasmuch as it is said that the case does not come within section 2 of act viii of 1859. ..... in that judgment it is said, after reference to the second clause of act viii. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal210
..... but it is clear that the suit at any rate would be barred at the expiration of three years from some one or other of the acts described in the third column--that is to say, the issue, registration, or attempt. ..... if we say that the plaintiff is entitled to have his time run from the latest of those three acts, then it is contended that, in the present suit, he is in time. mr. ..... the acts or matters specified in the third column of the schedule are acts which, according to the intention of the legislature, put the plaintiff upon the assertion of his rights; and in the case of an instrument which is said to he forged, and which prejudices the plaintiff, the legislature apparently thought ..... branson's argument has proceeded entirely upon what he maintains to be the proper construction of article 93 of the second schedule of act ix of 1871. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal96
..... this is quite in accordance with the view of norman, acting c.j. ..... act viii of 1869 provides that every person who grants a pottah shall be entitled to receive a kabuliat. ..... act x, rul., 68. ..... act viii of 1869 the boundaries of the land must be distinguished in the pottah, it would be impossible to follow the provisions of the section where the lands are joint and undivided.10. ..... , act x, rul. 78). ..... act viii of 1b69 if a ryot finds his land unprofitable he may relinquish it, but he must relinquish the whole, he cannot retain a part. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal757
..... were it otherwise, it seems to me that questions involving title to properties, of which the land taken for public purposes might be a trifling fraction, would be finally adjudicated in proceedings under the act a result which cannot have been contemplated by the legislature' that in all respects appears to me a reason which would be applicable to every decision in which rights of an important or extensive character ..... by the collector in respect of land taken up for public service, in respect of which compensation, a dispute as to the apportionment thereof arose, and a reference was made thereupon under section 38 of the act with a view to a decision by the court meaning as explained in the definition clause of the act, 'the principal civil court of original jurisdiction,' no other judicial officer having apparently been appointed for that purpose in the district of burdwan. ..... any person who may receive the whole or any part of the compensation awarded under this act, shall be liable to pay the same, and no doubt compellable by suit to pay the same to the person lawfully entitled thereto, just in the same manner as a person who may have received a certificate under act xxvii of 1860, is compellable by suit to pay any money which may have come ..... by the terms of section 37 or of section 58 is nothing more than this, that it places awards made under the act by express legislation upon the same footing of finality as a decision of the court under section 39 is by the ordinary principles .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal124
..... ignorant and timid man, has been much harassed by the complainant in this case, a mukhtear's clerk, and others of superior intelligence and knowledge of the law, and though he would seem to have acted in a somewhat unusual manner in presenting this petition to the magistrate, i have little doubt that be acted with a desire to protect himself by an appeal to the magistrate, rather than to injure others; and i would remark that the magistrate would have ..... this was the state of the law without the presidency-towns until the evidence act i of 1872 and the code of criminal procedure of 1872 were passed, when sections 235 and 237 were repealed with the rest of that code, and in ..... is remarkable that though the greater portion of act xviii of 1862 was repealed by act x of 1875, and though section 26 of act xviii is identical with section 105 of the evidence act of 1872, both sections 26 and 27 still ..... the sessions judge seems to consider that the only question is whether the defendant acted in good faith when he presented the petition; upon this point he considers what he has called 'the english practice' more consistent with logic and the principles of criminal jurisprudence, but thinks that he is barred by a ..... branson, who appears before us sitting as a court of revision contends that, as laid down in act xviii of 1862, section 27, 'good faith' should have been presumed unless the contrary appeared; and next, that neither the magistrate nor the sessions judge had considered whether the .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal539
..... all persons interested therein for the amount so paid; and further that a like principal or like considerations would apply to a case of payment of zamindar's rent by a person having an interest in the patni, the old sale law, act i of 1845, and reg. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal94
..... the only objection to the jurisdiction of the deputy commissioner with which we have to deal upon the present reference is that arising out of section 66 of the burma courts act and sections 4 and 6 of the civil procedure code. ..... words of this kind must be construed with reference to the general provisions of the act of which they form a part. ..... section 66 of the burma courts act provides that, within the towns of rangoon, moulmein, akyab and bassein, the recorder shall have and exercise such powers and authorities with respect to insolvent-debtors and their creditors as are for the ..... the decision of the bombay court can scarcely, therefore, throw any light upon the construction of act x of 1877. ..... section 4 of the code of civil procedure provides that 'nothing in the code shall be deemed to affect the burma courts act, 1875. .....
Tag this Judgment!Court : Kolkata
Reported in : (1879)ILR4Cal527
..... possession of the land; and the proviso in the section secures to the tenant having a right of occupancy only this much, that he shall not be ejected otherwise than in execution of a decree or order under the provisions of the act above mentioned. ..... in this view of the case, we think that the lower appellate court was right in applying the limitation prescribed in section 27 of the bent act. ..... ' on reading those sections together, it is clear that the zemindar's right to eject the tenant accrues on the tenant's non-payment of the rent; but the mode of enforcing that right is restricted by sections 22 and 52 of the act. ..... of which the arrear is due; provided that no ryot having a right of occupancy or holding under a pottah, the term of which has not expired shall be ejected otherwise than in execution of a decree or order under the provisions of this act. ..... , therefore, that the tenant not having paid the rent of the year 1277 (1870) and of the year 1278 could not claim the right of occupancy given to persons of his class by section 6 of the rent act. ..... act viii of 1869, the right of occupancy, which is the only right the plaintiff had, came to an end. .....
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