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Veribhai and anr. Vs. Raghabhai and ors.
Court : Mumbai
Reported in : (1877)ILR1Bom225
Melvill, J.1. We are of opinion that there is nothing in Bombay Act V of 1862 which debars a Civil Court from making a decree for the partition of Narvadari land among the Narvadars. It is possible that the revenue authorities might object to execute such a decree, but the plaintiffs inform the Court that they do not anticipate such objection, and they are content to take a decree for partition. They have proved their right to four and a half out of the five shares held by themselves and the defendants, and also to the mesne profits claimed by them, and we, therefore, amend the decree of the Court below, and award the plaintiffs' claim in full, with all costs on the defendants throughout....
Tag this Judgment!Reg Vs. Hanmant Gavda
Court : Mumbai
Reported in : (1877)ILR1Bom228
Melvill, J.1. Assuming that there is evidence on the record to prove that the cotton was found in a room occupied jointly by the prisoner and his mother, and assuming that this fact is sufficient to constitute possession by the prisoner, we still think that such possession, even though accompanied by a knowledge that the cotton was adulterated, would not be sufficient to sustain a conviction. The Magistrate says: 'There is, it is true, no direct evidence as to the appellant having personally adulterated, or caused to be adulterated, the cotton in question (that the cotton is adulterated by an admixture of dirt and seed is not even denied by appellant); and, in fact, it would be simply unreasonable to expect that the Cotton Department should bring forward actual eye-witnesses of the ginning and packing of cotton which may be seized by the Department; but under ordinary circumstances, when cotton in considerable quantities is found in dokras in a man's possession, and such cotton is foun...
Tag this Judgment!Shona Malee Pat Mahadai Vs. Adhiranee NaraIn Coomary and
Court : Kolkata
Reported in : (1876)ILR1Cal365
L.S. Jackson, J.1. This special appeal was heard by the late Mr. Justice Mitter and myself. We took time to consider our judgment, and, shortly after, the illness of my lamented colleague, which continued for some months and was followed by his death, prevented our giving any joint decision, and the parties subsequently requested that I, as the surviving member of the Division Court, should give my judgment, which they agreed to treat as if it had been the judgment of both Judges. Public avocations have left me little leisure, and delay has occurred which I regret very much, but I have given the case my best consideration, and have now arrived at a conclusion. The facts were these: The plaintiff, Ranee Shona Malee, was the widow of one Ram Hurry, who in his lifetime was the Rajah of Killa Koojung. He had not been in the direct line of succession, but came in after the demise of his elder brother and of that brother's son. Rajah Ram Hurry, On his death was succeeded by the defendant No....
Tag this Judgment!The Queen Vs. Bholanath Sen
Court : Kolkata
Reported in : (1877)ILR2Cal23
Macpherson, J.1. This is an application to the High Court under Section 297 of the Criminal Procedure Code.2. The petitioner, Bholanath Sen, has been convicted by a Bench of Magistrates at Midnapore on two charges of breach of trust, under Section 409 of the Indian Penal Code. He was sentenced to two periods of imprisonment, amounting, in all, to two years rigorous imprisonment, with a fine of Rs. 1,000 and in default of payment of the fine six months additional imprisonment.3. We are asked to quash the conviction on the ground of various substantial illegalities and irregularities, most of which are set forth in the petition presented to this Court.4. The seventh of the grounds stated in the petition is, that it was illegal and improper that a certain Mr. Larymore should have been one of the Bench of Magistrates who tried this case. It appears to us that this is a good ground of objection, and that, under the circumstances, the presence of Mr. Larymore, who had a substantial interest ...
Tag this Judgment!Kalova Kom Bhujangrav Vs. Padapa Valad Bhujangrav
Court : Mumbai
Reported in : (1877)ILR1Bom248
Michael Westropp, C.J.1. Independently of any claim which the plaintiff may now have, or may, by lapse of time, have lost, to the property of the deceased Bhujangrav, we think that he is within time to maintain against Balapa this suit to set aside his adoption, which took place in 1872, the year in which this suit was instituted; Clause 16 of Section 1 of Act XIV of 1859 being the enactment applicable to such a case previously to the coming into force of Act IX of 1871, Schedule II, Article 129, as decided by the High Court of Calcutta in Mrinmoyee Dabea v. Bhoobunmoyee Dabea (15 Beng. L.R. 1, S.C., 23 Cal. W.R. 42 Civ. Rul.). It has been argued that, inasmuch as the fact, that the plaintiff is the son of Bhujangrav, was, with regard to immoveable property, disputed in the Christian year 1849 before the Collector, this suit must be regarded as barred by lapse of time; but this is not a suit to recover the immoveable property, and we do not intend to decide in it whether or not the pla...
Tag this Judgment!Johurra Bibee Vs. Sreegopal Misser and ors.
Court : Kolkata
Reported in : (1876)ILR1Cal470
Pontifex, J.1. The plaintiff in this case is the widow of Monohur Lall, who died in the lifetime of his father Luehmeenarain Kuppoor Khettry. Luehmeenarain left a brother joint in estate, Hurrynarain Kuppoor Khettry, who subsequently became insolvent. The parties were and are governed by the Mitakshara law.2. The plaintiff' claims that, as the widow of Monohur Lall, she has a right to be maintained and supplied with money for the performance of her religious ceremonies out of the rents and profits of the house, No. 13 Roopchand Roy's Street, in Calcutta as property which belonged to the joint family, and that any interest which passed to the Official Assignee as representing Hurrynarain the surviving member of the joint family passed subject to such rights. A great many cases have been cited in support of the proposition, that a widow has what is called a lien for maintenance on the joint estate and particularly in a Mitakshara family. It is not necessary for me to give any opinion on ...
Tag this Judgment!Shepherd Vs. the Trustees of the Port of Bombay
Court : Mumbai
Reported in : (1877)ILR1Bom477
Green, J.1. The first issue raises the question whether the words used in the resolution of 10th February, and in effect reiterated in that of 17th February, amount to a libel, i.e., apart from the question whether there be foundation in fact for so using such words, and apart from the question of the occasion and circumstances of publication, whether it is, in law, a libel to write and publish of another, and in particular of a contractor for the conveyance by steamers of goods and passengers, 'Mr. Shepherd's offer of Rs. 520 in full of all claims should be accepted, but any further transactions with him should be avoided, if possible.' I cannot doubt that it is. No doubt, when the whole turn of the phrase in question, in the present case, is considered, taking it in connection with the introductory part of the resolution (which also was published), it may not be a libel of the more serious character. But I am of opinion that such words, even taking them in connection with what preced...
Tag this Judgment!Manessur Dass and anr. Vs. the Collector and Municipal Commissioners o ...
Court : Kolkata
Reported in : (1876)ILR1Cal410
Richard Garth, C.J.1. We think there is no ground for this appeal, and speaking for myself I should be very sorry to think that there existed any doubt whatever about this question.2. By the 26th section of Beng. Act III of 1864, the Municipal Commissioners are empowered to impose certain rates on houses, buildings and lands, which rates are to be paid by the owners, and by the 27th section those rates are to be assessed according to what may be considered the fair annual value of the property.3. When the valuation is completed, lists are to be made, showing the rates at which each property is assessed; and when the assessment is made for the first time or increased, a special notice is to be given to the owner and occupier, of the amount at which the property is assessed, and an appeal is then given against the assessment, which, by the terms of Section 33, is to be heard before not less than three of the Municipal Commissioners. If an appeal is not made against the assessment, the as...
Tag this Judgment!Desputty Singh (a Minor)
Court : Kolkata
Reported in : (1877)ILR2Cal209
Kemp, J.1. On the 14th of July 1875, Baboo Desputty Singh, a minor, through the manager of his estates, Abdool Hye, applied to the District Judge for probate of the will of the late Bindessurree Pershad Singh, who it is alleged died at Arrah on the 31st of July, 1871, leaving properties, moveable and immoveable, situated in the district of Shahabad. To the petition, an instrument purporting to be the will of the deceased was annexed. Mr. J. H. Thornton, Civil Surgeon of Arrah, one of the subscribing witnesses to the said instrument, verified the petition, as laid down in Section 248, Act X of 1865.[1] Upon this petition an order was passed, directing 'advertisements to be made at the Collectorate and at the Civil Courts of the district. Notice also to be served on parties to suits before the Subordinate Judge, in which Desputty Singh was concerned. This application to come up on the first miscellaneous day after Mr. Palmer takes charge, say Saturday the 24th July.' This order was passe...
Tag this Judgment!Miller Vs. the Administrator-general of Bengal
Court : Kolkata
Reported in : (1876)ILR1Cal412
Markby, J.1. It is admitted between the parties that the Official Assignee as such Assignee is entitled to half of the said fund.2. The argument before me has turned entirely upon the construction of the Succession Act, especially of Section 4, and it has been assumed throughout the argument that the questions which arise relate to moveable property. Section 4 of the Succession Act provides that 'no person shall by marriage acquire any interest in the property of the person whom he or she marries, or become incapable of doing any act in respect of his or her own property, which he or she could have done if unmarried.' It is contended for the plaintiff, that that section must be read as if it had run thus: 'No person having a British Indian domicile shall by marriage acquire, &c.;' Mr. Evans for the defendant contends that the section governs every marriage in India. There has not been, as far as I am aware, any previous discussion as to the meaning of this section, and I must therefore...
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