Court : Kolkata
Reported in : (1880)ILR5Cal121
..... a further reason for this view is to be found in the provision for adjournment, which is contained in the same chapter of the act, under section 86 a magistrate has large powers of adjourning an enquiry for reasonable cause, but no adjournment can be for longer than fifteen days at a time. ..... in the first prosecution as evidence upon the second prosecution, or as it is called in the reference before us--' take up the case for the prosecution where it was left when the prisoner was discharged '--the magistrate would in effect be acting as if he had adjourned the enquiry sine die, which he has no power to do. ..... 8 of the presidency magistrates' act, when an accused person who has been discharged by the magistrate under section 87 of that act, because there are no sufficient grounds for committing the prisoner to take his trial is at some subsequent time again prosecuted before a magistrate for the same offence. ..... the act, in section 82, states specifically the procedure to be applied when an accused person is brought before the magistrate under chap. .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal474
..... it appears that, on the death of sham soonder, the eldest son of janmojoy, the defendant kripa sindhu succeeded in establishing his claim to a certificate under act xxvii of 1860; and that this has given rise to the present suit, though the status of kripa sindhu is not here raised since he is admittedly the son of the second son of janmojoy, and, therefore, in either .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal357
..... give relief on principles and rules as nearly as may be conformable to the principles and rules on which the english divorce court acts and gives relief; and as that court in suits for judicial separation is to proceed and act on principles and rules as nearly as possible conformable to those on which the ecclesiastical courts had theretofore acted and given relief, therefore we are bound to follow the ancient practice, and to direct the husband in this case to deposit the ..... but that state of the law has been completely altered in india by the 4th section of the indian succession act, to which these parties are subject, and which enacts that 'no person shall by marriage acquire any interest in the property of the person whom he or she marries, nor become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried.' 9. ..... the foundation of the practice of the ecclesiastical courts having been displaced with respect to persons subject to the indian succession act, we think that the practice itself ought no longer, as a general rule, to be followed.10. ..... it has been urged on behalf of the petitioner, that as section 7 of the indian divorce act (no. .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal353
..... in answer to the queries referred to this court by the munsif of julpigoori, we are of opinion:(1) that, under the new civil procedure code (act x of 1877), when the plaintiff appears and the defendant does not appear, the proper procedure is that prescribed by the 100th section of that code, whether the defendant has been summoned only to appear and ..... in a tabular form, which is referred to in the proceedings of 21st september 1878, may not be in itself secondary evidence, yet it may be a document with which a witness may refresh his memory under section 159 of the indian evidence act; and, if so, he may be able by the aid of the register to give evidence both as to the execution and contents of the bonds upon which the court can act and pass a decree in favour of the plaintiff.6. ..... one of the classes of the secondary evidence of a document is oral evidence (section 63, clause 5 of the indian evidence act). .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal512
..... cases upon the subject, we are of opinion that a conveyance by a hindu widow, for other than allowable causes, of property which has descended to her from her husband, is not an act of waste which destroys the widow's estate, and vests the property in the reversionary heirs, and that the conveyance is binding during the widow's life.'28 ..... . the privy council have laid down the rule, that a court should not entertain a suit under section 15, act viii, 1859, when the object of it is to determine the title of the plaintiff as next heir after the death of a female holder, and i am inclined to say, that it also should not do so when the ..... that the present suit does not fail on the ground that it is inadmissible under section 15 of act viii of 1859, i think we ought, in the exercise of our discretion, to abstain ..... recognized by the legislature, for by article 124 of schedule ii of the limitation act of 1871, and now by article 125 of act xv of 1877, a period of limitation is provided for them, and ..... . the conclusion of the matter was, that even if the plaintiff had proved acts of waste against the widow, for which purpose it might have been necessary for him to prove a title sufficient to give him a locus standi in court, that would not give him ..... the defendants contend that such a declaration is not within the purview of section 15, act viii of 1859, by which this suit is governed; and that even if the court is competent to make it, this is a case in which, in the exercise of a sound .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal294
..... the intention of the legislature was to confine the remedy on the judgments of courts constituted under that act to the remedies specifically provided by the act.the policy of the act was to give a cheap and easy remedy for the recovery of small debts. ..... to have been, that the particular provisions in the county court act in england, which influenced the courts there in deciding that such suits would not lie, were not to be found in act ix of 1850; but it is much to be regretted that the case was not argued on the part of the defendant, because his lordship's attention does not appear to have been called to certain provisions of act xi of 1850, which seem to us to render the arguments ..... it seems that since the year 1850, when the small cause court act ix of 1850 was passed, a number of suits of this nature have been brought from time to time in the high court, and judgments have been obtained in ..... the provisions, which we have pointed out in the act of 1850, seems precisely analogous to those of the county court act, which induced the courts in england to decide, that a suit does not lie upon a county court judgment, and we think that the arguments of the judges in the case ..... this is a very similar provision to that of the english county court act; and the effect of it, as pointed out by the court of queen's bench, is to make the judgment of the small cause ..... obviously be in direct contravention of the intention of the latter act; and this is the point upon which the judgment of .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal453
..... wrecks and casualties, including of course, the power to investigate charges of misconduct incidentally arising, there appears to have been no court in india empowered to investigate charges of misconduct generally against holders of board of trade certificates; secondly, this act, for the first time, gave to courts of admiralty and criminal courts the power of holding such inquiries, and those of both kinds--inquiries into charges of misconduct, and inquiries into wrecks or casualties.13. ..... to investigations into charges against the holders of certificates, whether of the board of trade or the local government; to inquiries into wrecks and casualties; and to cancellation and suspension of certificates of either kind, with the exception of section 80 of act i of 1859, which enables courts of admiralty; in certain cases, and upon the application of certain persons (of whom the local government is not one), to remove a master; which power was, by section ..... indicates,' to both courts, except so far as some of them in terms apply specially to one or the other; and i entertain no doubt that a special court, inquiring into a casualty under section 2 has power, if all the provisions of the act are duly complied with, to cancel a board of trade certificate, or to make a report to the local government, upon which the government may cancel its own certificate under section 18.43. .....
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal364
..... . that the public in this country have hitherto adopted the same view which i take of section 18, is manifest to any mind from this remarkable fact, that whereas before the act sales made by guardians were a constant source of litigation in the civil courts, we have not been able to find a single case, reported or otherwise, (even with the assistance of the able, ..... public auction at a ruinous, sacrifice.30. in this state of things, the two elder brothers, who were the certificated guardians of their minor brother aree bhunjun, applied to the civil court, under section 18 of act xl of 1858, for leave to sell the minor's share in certain portions of the property, in order to save the rest, if possible, and so relieve the family from their pressing difficulties ..... recollected that the district judge has before him an ex parte case, and that with every desire to act for the interests of the minor, it is impossible for him to become acquainted with the exact state ..... which has been prominently noticed that there are no reported cases of suits brought to recover property alienated with the district judge's sanction under section 18, act xl of 1858, for we have no means of knowing in how many instances such sanction has been given. ..... objections raised by the defendants that these suits are barred by limitation, and to determine what is the effect of the sanction of the judge under section 18, act xl of 1858, having been given to the sales, which it is the object of these suits to set aside.6. .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6NULL218(P.C.)
..... ' section 5 is in these terms: 'no suit relating to any under-tenure which shall be cognisable in any revenue court under this act'-and claims of this kind come under that category-' shall be debarred from a hearing under the rules relating to the limitation of suits in force in the province of oudh, if the cause of action shall have arisen on ..... is in these terms: 'in the investigation of this and all cases of the nature it must be remembered that the extension of the term of limitation made by act xvi of 1865 is founded only on the agreement of the talukdars, and does not apply to tenures originating in favour. ..... rules were made by the said chief commissioner, sanctioned by the governor-general of india in council, and published in the gazette of india for september 1st, 1866, and which are republished in the schedule to this act, are hereby declared to have the force of law.'6 ..... xvi of 1865, which is entitled,' an act to remove doubts as to the jurisdiction of the revenue courts in the province ..... section, after re-enacting in almost the same words the provisions of the 5th section of the former act, goes on to say:4. ..... it is entitled' an act to legalise the rules made by the chief commissioner of oudh for the better determination of certain claims of subordinate proprietors in that province;' and it enacts, 'whereas certain rules have been made by the chief ..... not been seriously disputed that, if this be so, he has held with that degree of continuousness which is required by the act.9 .....
Tag this Judgment!Court : Kolkata
Reported in : (1881)ILR6Cal585
..... set aside the order and remitted the fine, remarking that 'the mere writing of a petition for a party, who afterwards presents that petition himself,' is not 'acting in the sense of section 11:-pleaders duly admitted and enrolled under this act may appear, plead, and act in any criminal court, or before any board of revenue, or in any revenue office within the limits of the general jurisdiction of the high court in which ..... the facts found are these:- the plaintiff, who has not been admitted and enrolled as a muktear, and consequently is not in possession of a certificate authorizing him to act as a muktear, was employed by the defendant for the purpose of looking after a regular appeal which has been preferred by the defendant and also for giving instructions to the pleaders ..... regard to the foregoing observations), that in order to decide this case properly, the learned judge in the court below should be directed to ascertain whether the plaintiff, when acting for the defendant, was a private agent of the defendant, or a person who practises generally for reward in courts of law as a muktear. ..... that, for the purpose of ascertaining the plaintiff's right to succeed in this suit, or in other words, for the purpose of ascertaining whether the plaintiff, in what he did for the defendant, was acting as a muktear, it is necessary to enquire whether the plaintiff really acted in this instance as a private agent of the defendant, or as a muktear habitually practising in the courts as such. .....
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