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Eckford Vs. Jumma Dass
Court : Kolkata
Reported in : (1883)ILR9Cal1
Richard Garth, C.J.1. The questions which have been raised on appeal, and which we have to determine, are: 1st, whether the transaction entered into between Messrs. Nicholls & Co., and the defendant was of such a nature as was justified by the power-of-attorney? and 2ndly, whether it was entered into for and on behalf, and in the name of, Major Eckford within the meaning of the power2. I think that both these questions should be answered in the negative.3. It seems to me that the transaction in its nature was neither a sale nor purchase of the shares in question. It was either an actual loan, or a transaction in the nature of a loan, for the purpose of raising money.4. This appears, I think, very clearly from the evidence of Ramrutton Danye, the broker, who acted for Messrs. Nicholls on the one hand, and of Daidraj Argurwallah, the gomashta of the defendant, on the other. Ramrutton, although necessarily called by the plaintiff, was by no means a favourable witness to him. His object ev...
Tag this Judgment!Tarachand Dass and ors. Vs. Prokash Chunder Dass
Court : Kolkata
Reported in : (1883)ILR9Cal82
Richard Garth, C.J.1. If we were called upon to decide this question merely upon the language of the Registration Act of 187.1 and the Code of 1859, and without regard to the practice which has prevailed in this province, it is possible that we might take the same view of it as the other High Courts, or at any rate, out of respect for their opinion, we should not adopt a contrary view without considerable reluctance.2. But, in point of fact, we are now asked to put a construction upon these Acts with reference to the registration of sale-certificates, which is directly at variance with that which has been recognized and acted upon by the people of Bengal for many years past. We are not aware of a single instance in which this Court has held that such certificates ought to be registered; whilst, on the other hand, both on the Appellate and on the Original Sides of the Court, such instruments have been admitted in evidence without registration.3. And this practice moreover appears to hav...
Tag this Judgment!Tinumoni Dasi Vs. Nibarun Chunder Gupta and ors.
Court : Kolkata
Reported in : (1883)ILR9Cal154
1. We are of opinion that, on the death of a daughter, who had succeeded before her marriage to her father's estate to the exclusion of her married sister, the estate so inherited by her devolves upon her married sister, who has, or is likely to have, male issue, and not upon her own son.2. According to the Hindu law in Bengal, the succession of females who have generally no heritable rights, takes place in certain exceptional cases specified in the Shasters. Jimutavahana, after citing the text of Baudhayana to the effect that 'a woman is entitled not to the heritage; for females and persons deficient in an organ of sense or member are deemed incompetent to inherit,' says, that 'the succession of the widow and certain others takes effect under express texts without any contradiction to this maxim'--see Dayabhaga, chap. xi, Section 6, para. 11.3. There are also certain special rules applicable to the succession of a female. For example, on her death the succession devolves not upon her ...
Tag this Judgment!Rup Lall Das and anr. Vs. NobIn Chunder Roy
Court : Kolkata
Reported in : (1883)ILR9Cal377
Field, J.1. This is a case somewhat complicated by details, but the point which has to be decided is a very simple one when eliminated from these details. It appears beyond all doubt, and in fact it has now been admitted before us, that the plaintiffs and defendants 1, 2, 3, 4, 6, and 7 were joint proprietors of a seven-anna share in a talook, and for this seven-anna share a separate account had been opened, under the provisions of Act XI of 1859, in the Collectorate. By some mistake upon an arrear of revenue falling due, the whole talook was advertized for sale, but this mistake was afterwards corrected and what was about to be sold for the unpaid balance of revenue was only the seven-anna share just mentioned. The plaintiffs, in order to prevent the sale, paid Rs. 87-6-10, which was the amount of the unpaid balance of revenue, and they have brought this suit to recover this amount from the defendants other than defendant 5, who are, as has already been pointed out, the plaintiff's co...
Tag this Judgment!The President of the Municipal Commission Vs. G.L. Walker
Court : Chennai
Reported in : (1882)ILR5Mad269
Kernan and Muttusami Ayyar, JJ.1. The point for determination in this case is whether a 4-wheeled carriage on springs drawn by one pony is a vehicle liable to taxation under the provisions of Schedule C (Act III of 1871, Madras). Article 2 of that schedule provides that such a carriage drawn by one horse or by a pair of ponies under 13 hands is liable to taxation.2. Under the Act, the word horse includes a pony. By Schedule C, Article 2, 'a 4-wheeled carriage drawn by a horse is to pay Rs. 4-8-0.' 'Horse' here prima facie includes pony.3. But as 'pair of ponies under 13 hands' are also referred to in that paragraph, it is contended that an intent not to tax a carriage drawn by a single pony is shown. This seems to be an incorrect construction. The true construction is that a carriage drawn by a horse (including pony not under 13 hands) is taxable at Rs. 4-8-0. But although all carriages kept within the Municipality for one month, Section 64, are taxable, yet no rate is fixed by the Act...
Tag this Judgment!In Re: Indian Companies' Act of 1866 and of the Media Tea Co., Limited ...
Court : Kolkata
Reported in : (1883)ILR9Cal14
Richard Garth, C.J.1. The question raised in this appeal is, whether Dr. Kernot is entitled to any larger portion of his claim against the Media Tea Company than has been allowed by the Court below, and to enforce that claim under a mortgage of the 22nd of December 1879, executed in his favour by three of the Directors of the Company in accordance with a special resolution passed on the 4th of October 1879, at an extraordinary general meeting, and confirmed on the 16th of October 1879.2. The mortgage recites that the Media Tea Company, being in want of funds for and towards enabling them to work and carry on the tea gardens, Dr. Kernot had advanced various sums of money, and had received from and on their account various sums of money, leaving a sum of Rs. 87,353, including interest up to date, due to him; 'that they had asked Dr. Kernot to lend and advance from time to time such further sums as might be necessary for carrying on the gardens; that the mortgagee had consented on the exp...
Tag this Judgment!Mirza Ahmed Begg Vs. the Administrator-general of Bengal
Court : Kolkata
Reported in : (1883)ILR9Cal33
Richard Garth, C.J.1. We have had some difficulty in determining what is the true meaning of the decree in this case.2. It may be that it was the intention of the learned Judge who made it to allow the plaintiff to pay his mortgage-money and interest when he chose; but we are bound to put a construction upon the language of the decree itself, and we think that the words 'up to the time of payment hereinafter mentioned' can refer to no other time of payment than that which is mentioned later on in that part of the decree which relates to the reconveyance of the property; and the time of payment there mentioned seems, according to the best construction that we can put upon the sentence, a time after the Registrar has made his report, because the sum to be paid is to be a sum reported to be due by the Registrar.3. After the able arguments which have been addressed to us in this case, and the difficulty which we feel even now in saying what the decree really means, it is impossible to avoi...
Tag this Judgment!Surjokant Nundi Vs. Mohesh Chunder Dutt and ors.
Court : Kolkata
Reported in : (1883)ILR9Cal70
Richard Garth, C.J.1. In this case we think it right to follow what we understand to be the rule laid down by the Full Bench in the case of Uma Sunker Moitro v. Kali Komul Mozumdar I.L.R. 6 Cal. 256.2. We find no special text or rule laid down in the books applicable to this case; and we, therefore, hold that the adopted son of a daughter shares equally with a natural son the inheritance left by his maternal grandfather. The lower Court's view is, therefore, correct.3. The appeal is dismissed with costs....
Tag this Judgment!Beer Chunder Manickya Vs. Hurro Chunder Burmon
Court : Kolkata
Reported in : (1883)ILR9Cal211
Richard Garth, C.J.1. The circumstances under which this case arose are these:The plaintiff Moharaja appointed the defendant as tehsildar in one of his zamindaries on the 22nd Aghran 1283 T.S. The defendant worked as such up to the 9th Bhadur 1285 T.S., when he was dismissed. The defendant, on the 14th Bysack 1286 T.S., submitted an account of the collections and disbursements during the period of his service, but the Moharaja's officers took exception to several of the items, and made out a balance of Rs. 2,578 annas 15 pie 6 against him. The Moharaja was prepared to sue the defendant for recovery of this balance, but the defendant asked for time in order to enable him to make good the items by producing vouchers, as also by mofussil. inquiry. The Moharaja consented to give time to the defendant upon his executing an ikrar, with a promise to pay whatever balance would be found due from him upon such inquiry. The defendant accordingly gave a registered ikrar on the 23rd Chyet 1286 T.S....
Tag this Judgment!In Re: the Matter of Dhunum Kazee and anr., Vs. Dhunum Kazee and anr.
Court : Kolkata
Reported in : (1883)ILR9Cal53
Norris, J.1. In this case the accused Dhunum Kazee was charged under Section 471 of the Penal Code with having, on or about the 1st of February 1879, at the Jehanabad Munsif's Court, fraudulently and dishonestly used as genuine a certain document, dated the 12th Falgoon 1260, knowing or having reason to believe the same to be a forged document; and the accused Khorshed Kazee was charged under Sections 471/109 of the Penal Code with abetting the fraudulent and dishonest use of the forged document knowing or having reason to believe that the same was forged. The jury unanimously acquitted the accused. The Officiating Sessions Judge of Burdwan, before whom the accused were tried, disagreeing with the verdict of acquittal, has submitted' the case to the High Court under the provisions of Section 263 of the Criminal Procedure Code.2. In arriving at a conclusion as to what principles should guide me in the exercise of the discretion given me by Section 263 of the Criminal Procedure Code, I a...
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