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Brohmomoyee and anr. Vs. Kashi Chunder Sen
Court : Kolkata
Reported in : (1882)ILR8Cal266
Tottenham, J.1. This was an application made by one Kashi Chunder Sen to the District Judge, praying under Act IX of 1861 for the custody of a minor, his niece, and also for an injunction restraining the minor's mother and one Gopee Mohun Ghose from carrying out a marriage between the minor and the son of Gopee Mohun.2. The marriage was at first fixed for the 10th of March 1881, being two days after the petition was presented. The Judge accordingly issued an injunction on the 8th of March, and fixed a day for the disposal of the petition. When the petition came on for hearing, it was objected that, before the Judge's injunction reached the parties, the marriage had been performed. It was therefore contended that the applicant Kashi Chunder Sen had no more locus standi under Act IX of 1861. The Judge at once found that the mother of the minor was by law the person entitled to the custody of her daughter so far as the bodily custody was concerned, and that point appears to have been prac...
Tag this Judgment!Kristomohiny Dossee Vs. Bama Churn Nag Chowdry and ors.
Court : Kolkata
Reported in : (1881)ILR7Cal733
Field, J.1. The appellant in this case obtained, on the 25th May 1880, a decree on a mortgage-bond executed in his favour by Ram Goti Nag. The three sons of Ram Goti Nag were judgment-debtors under that decree, which directed that the mortgage lien should be enforced---first, by sale of the property specifically mortgaged; and secondly, if the mortgage-debt were not thereby satisfied, by the sale of the other property in the possession of the judgment-debtors. The decree-holder proceeded, in February 1881, to execute this decree against the properties specifically mortgaged; and, after the issue of the sale-notification, it appears that a petition was presented to the Court in which the execution-proceedings were pending by one of the sons of Ram Goti Nag. This petition was presented three days before the date on which the sale was to take place. The purport of the petition was this, that the three sons of Ram Goti Nag were disputing as to the respective shares of their father's proper...
Tag this Judgment!RajnaraIn Bose and ors. Vs. the Universal Life Assurance Co.
Court : Kolkata
Reported in : (1881)ILR7Cal594
Broughton, J.1. The plaintiffs, executors of the will of Hurrish Chunder Bose (their father) seek to recover Rs. 25,000 upon a life policy which was assigned to their testator. They also seek to recover interest at the rate of 12 per centum per annum from the 27th May 1881.2. The defendants state in their written statement that they are willing to pay the amount secured by the policy to any one having a valid title and capable of giving them a sufficient discharge, but they contend that the plaintiffs are bound to obtain the concurrence of the representative of the assured. They submit that such representative is a necessary party to this suit, and state that they are ready to pay but they have not paid, the money into Court.3. The circumstances of the case are as follows:4. The policy was effected by Frederick Woodhouse, now deceased, on the 22nd March 1848, and Rs. 675 were paid by him as premium from March 23rd for six months.5. By this policy it is witnessed that 'whilst the afores...
Tag this Judgment!In Re: Mahomed Busheerul HosseIn and Vs. Mahomed Busheerul Hossein
Court : Kolkata
Reported in : (1882)ILR8Cal263
Mitter, J.1. This is an appeal against an order of the District Judge of Patna, adjudging one Tajamul Hossein, a lunatic under Act XXXV of 1858, and appointing his son, the respondent before us, the manager of his estate. The appeal has been preferred by the daughters of the alleged lunatic. When this appeal was first argued before us, we adjourned it for a time to allow the alleged lunatic to prefer an appeal if he was so advised; but on the expiration of the time allowed no such appeal having been preferred, this appeal of the daughters was heard.2. An objection in limine has been taken by the pleader on behalf of the respondent, that this appeal ought to be rejected on the ground that the daughters have no locus standi. We do not think this objection is valid.3. The proceedings in the District Judge's Court at Patna were initiated by an application made by the respondent under Section 3 of Act XXXV of 1858. It was alleged in that application, that the alleged lunatic was then residi...
Tag this Judgment!Koylash Chunder Bose Vs. Anarallah Shaikh and anr.
Court : Kolkata
Reported in : (1882)ILR8Cal118
Richard Garth, C.J.1. We think that the appeal should be dismissed upon this short ground. Three plots of land were let to the defendants under one kabuliat, two of these, they say, they have relinquished, but one they are now admitted to be in possession of.2. Under these circumstances they have clearly no right to set up as a defence to a suit for the whole rent, that they were induced to enter into the kabuliat by the fraud of the plaintiff.3. The lease was an entire contract, and the defendants have no right to repudiate one portion of it on the ground of fraud and adhere to the other portion. If the tenancy is to be avoided on the ground of fraud, it must be avoided in toto.4. If they wished to set up the defence upon which they now rely, they should have relinquished the whole of the land covered by the kabuliat.5. If, on the other hand, they wished to have their contract of tenancy rectified or altered, they should have brought a suit for that purpose. They would have their reme...
Tag this Judgment!Radoinath Shaha Vs. Radoinath Shaha
Court : Kolkata
Reported in : (1882)ILR8Cal195
Mitter, J.1. The petitioner, it is said, owns a wine-shop in the village of Chundun Pookur, within the jurisdiction of the Police station of Barrackpore. On the night of the 12th July he was arrested by Inspector A.H. Prichard, and taken to the Police-station. There the Inspector entered a charge against him for selling and having in possession English liquor without a license. He was released on bail, being directed to appear before the Magistrate of Barrackpore the next day, the 13th July, to answer these charges. On his application, the case was postponed to the 25th July, on which date the Magistrate tried him summarily for the following offences:1st.--Refusal to produce license (Section 59).2nd.--Illegal sale of imported liquors (Section 53).3rd.--Illegal possession of imported liquors (Section 64).4th.--Breach of condition of license (Section 59).2. The petitioner pleaded not guilty to all the charges. But he was found guilty under Sections 53 and 59 of the Act, and fined Rs. 100...
Tag this Judgment!Balkissen Dass Vs. Luchmeeput Singh
Court : Kolkata
Reported in : (1882)ILR8Cal91
Richard Garth, C.J.1. Certain it is that, on the one hand, the plaintiff was mistaken in supposing that the Dobays owed no money to Luchmeeput at the time of the mortgage; and on the other, Luchmeeput was not aware of the true position of the plaintiff's family as regards the banking business. The consequence was, that when the trial had proceeded for some time, it transpired that the plaintiff, Byjonath, although professedly carrying on business in his own name was really doing so on behalf of the other members of his family, who were interested in the bank; and thereupon Mr. Kennedy took an objection, that all the persons so interested ought to be made parties to the suit.2. This was resisted on the part of the plaintiff; but the learned Judge, after hearing both sides, thought it right to adjourn the case, giving the plaintiff's counsel an opportunity of applying to the Court within one month to add the other members of the firm as plaintiffs, or if he elected not to do so, giving t...
Tag this Judgment!Mahomed Reza and ors. Vs. Hubibul HosseIn and ors.
Court : Kolkata
Reported in : (1882)ILR8Cal192
Mitter, J.1. (who, after stating the facts, continued as follows): It seems to be doubtful whether the order in question falls within the definition of the word 'decree' in Section 2 of the Civil Procedure Code. Section 2 says: ''Decree' means the formal expression of an adjudication upon any right, claim, or defence set up in a Civil Court, when such adjudication, so far as regards the Court expressing it, decides the suit on appeal.' The only way in which the order of the District Judge may be brought within the definition is by holding that it is an adjudication on the right of the plaintiff's to have their suit heard upon the plaint with the court-fee which they have paid, and that it was that right which was determined by the District Judge. But it seems to me that it would be a strained construction of the words of the definition given above. However, without expressing a decided opinion on this point, it seems to us that the appeal must fail on the merits.2. The law with referen...
Tag this Judgment!Ramchunder Nag and ors. Vs. Kalikristo Paul
Court : Kolkata
Reported in : (1882)ILR8Cal147
Richard Garth, C.J.1. We are of opinion that there is no appeal against the order which the learned Judge has made in this case. He has come to no decision upon the merits, nor has he given what we consider to be a judgment within Clause 15 of the Letters Patent. In point of fact he says: 'I cannot give a proper judgment in the case as it stands.'2. He considers that the lower Appellate Court has misunderstood the case and has not tried the proper issues; and, therefore, professing, as we conceive, to act under the combined operation [148] of Sections 566 and 587 of the Civil Procedure Code, he has framed certain issues, and desired the lower Court to try them, and return its findings to this Court; meanwhile the case remains on his own file.3. How far the learned Judge had power to deal in this way with Section 566 on second appeal, we are not in a position now to decide; because, in our opinion, the order which was made does not amount to a judgment within the meaning of Clause 15 of...
Tag this Judgment!Prayag Singh Vs. Ram Nirunjun Singh
Court : Kolkata
Reported in : (1882)ILR8Cal138
Mitter, J.1. This is an appeal against a judgment of the Subordinate Judge of Sarun, awarding a decree in favour of the plaintiff. The claim relates to the estates left by two persons named Dund Bahadoor and Jung Bahadoor. The plaintiff is related to them as half-brother, while the defendant is their uterine brother. Under the Hindu Law of Inheritance, it is clear, therefore, that the defendant's right is superior, but the plaintiff bases his claim on a compromise embodied in two petitions, filed by himself and the defendants respectively to the Collector of the District on the 28th March 1859.2. We agree with the lower Court in the findings to which it has come. It appears that, in the year 1870, the defendant and Dund Bahadoor (who had then attained majority) for self and as guardian of Jung Bahadoor, brought a suit to recover possession of the 'Jethans' by setting aside the compromise upon the self-same grounds as are taken in the written statement in this case. That case was dismis...
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