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Narayana Chetti Vs. Alfred Champion
Court : Chennai
Reported in : (1883)ILR7Mad1
Innes, J.1. We do not see that the suit was barred by limitation. The judgment in appeal was pronounced on the 5th January, but the costs had to be taxed and inserted in the decree, and the solicitor still continued on the record and was bound, on notice received on the 22nd February, to communicate, as he did, with his client, and take his instructions as to whether he should appear and watch his client's interests at the taxation, or should refrain from doing so. On the 23rd, on which date he communicated with defendant, he was instructed not to appear. It cannot be said that the suit had terminated in the sense of Article 84 of the Limitation Act until the costs were inserted in the decree and had issued. The suit was within three years from 22nd February 1878, and was therefore in time.2. This petition must be dismissed with costs. ...
Tag this Judgment!G.C. Simson and ors. Vs. Gora Chand Doss
Court : Kolkata
Reported in : (1883)ILR9Cal473
R. Garth, C.J.1. I think that this case is abundantly clear. It seems to me that the learned Judge is right on both points, and that we should answer the questions referred to us in accordance with that view. I think that the defendant should pay the costs of this reference.Wilson, J.2. I am of the same opinion. I would only add a few words. It appears to me that what we have first to do is to ascertain the terms of the contract. The contract is for the delivery of 7,500 bags of castor seeds which were to be shipped 'per steamers,' and then the Contract goes on to state, 'shipment 2,500 bags per S.S. 'Moharaja,' now expected on Madras Coast, 2,500 bags in December 1881 and 2,500 bags in January 1882.' 'Terms cash on delivery, which is to be taken from steamer's side, Calcutta, or from jetty on arrival of steamer.'3. This is the whole of the contract so far as it is material, and taken altogether it seems to me abundantly clear from it that so far as the two latter portions are concerne...
Tag this Judgment!RamnaraIn Kallia Vs. Monee Bibee and ors. and
Court : Kolkata
Reported in : (1883)ILR9Cal613
Norris, J.1. I am of opinion that this document is not admissible in evidence. It is tendered as being admissible under Section 32, Clause 6 of the Evidence Act. That sub-section makes a statement admissible when it 'relates to the existence of any relationship by blood, marriage, or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait, or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised.' The document tendered is not a statement relating 'to the existence of any relationship by blood, marriage, or adoption, between persons deceased.' It only purports on the face of it to be a statement of relationship between a deceased person and a living person. I do not think that Section 32 embraces such a case. It is not suggested that the document is a will...
Tag this Judgment!Parbutty Dassi Vs. Purno Chunder Singh and ors.
Court : Kolkata
Reported in : (1883)ILR9Cal586
Prinsep, J.1. In this case the plaintiff, as representative of her late husband, claims to hold a three annas, eighteen and three-fourth gundahs share in a certain julkur called Noa Bawarkati as appertaining to a patni mehal purchased by her husband at a sale held under Regulation VIII of 1819.2. The defendants deny that the disputed julkur appertains to the plaintiff's taluk, and assert that it appertains to Jote Gossain appertaining to Mouzah Narainpore.3. The Moonshi decreed the suit. He based his judgment partly oh a Civil Court Decree, No. 617 of 1818, and, interpreting it with the light of an Ameen's report in a former case, decided that the plaintiff was entitled to the property, and accordingly gave her a decree.4. On appeal the Subordinate Judge decided that that decree could not be admitted in evidence between the parties to the present suit. He then went on to say that even if one of the parties to that suit, namely Rashmoni, could be considered as the predecessor in title o...
Tag this Judgment!In Re: Abdul Ali Ishmailji and His Wife Husenbi
Court : Mumbai
Reported in : (1883)ILR7Bom180
1. The 'talak biddat' or irregular divorce, which is effected by three repudiations at the same time, appears from the authorities to be sinful, but valid; and it was recognized as valid by this Court In re Kasam Pirbhai and his wife Hirabai 8 Bom. H.C. R 95 Cr. The Magistrate should, therefore, no longer enforce his order for payment of maintenance made on the 19th May 1882....
Tag this Judgment!Ram Coomar Dey Vs. Shushee Bhooshun Ghose and anr.
Court : Kolkata
Reported in : (1883)ILR9Cal626
Cunningham, J.1. We think that the construction put by the Court below upon Section 313 of the Code of Civil Procedure was correct, and that the case of Naharmul Marwari v. Sadut Ali 8 C.L.R. 468 does not bind us, because in that case the learned Judges considered that a state of things had come about in which the judgment-debtor had no saleable interest. In the present instance it is admitted that he has a saleable interest to the extent of eight annas. That being so we think we cannot hold that the case falls within the scope of Section 313. The appeal must, therefore, be dismissed with costs....
Tag this Judgment!Bidhu Bhushun Basu and ors. Vs. Komaraddi Mundul and anr.
Court : Kolkata
Reported in : (1883)ILR9Cal864
Cunningham, J.1. This was a suit for rent at an enhanced rate. The defence raised was that the notice of enhancement was signed, not by the whole body of landlords, but by the plaintiffs alone, who held an eight annas share, and separately collected their rent from the defendants. The question we have to decide in second appeal is, whether this notice was good. This question has, in our opinion, been decided in the affirmative by the observations of the Chief Justice in the Full Bench case of Chuni Singh v. Hera Mahto I.L.R. 7 Cal. 633. We understand the meaning of the Chief Justice to be that a suit by a portion of the co-sharers for rent at an enhanced rate may be brought, provided the other co-sharers are joined in the suit either as plaintiffs or defendants; and that, in such a case, notice may be duly given by that portion of the co-sharers by which the 'suit is instituted. We think, therefore, that the question is no longer open to discussion. The present appeal must accordingly ...
Tag this Judgment!The Queen Vs. Muttu Reddi and anr.
Court : Chennai
Reported in : (1883)ILR6Mad199
Charles A. Turner, Kt., C.J. and Kindersley, J.1. By the term 'labouring classes' in the Act I of 1858 we understand not only persons who let their labour for hire, but also persons who habitually engage in manual labour, although they may at the same time be employers of labour.2. We have not sufficient information to determine whether either of the accused was a person who would be properly designated a member of the labouring classes in the sense in which that term is interpreted by us. It is also not clearly apparent that the proper steps were taken to procure the assistance the public officers were entitled to require. The conviction under Act I of 1858 cannot be maintained, but the accused are shown to have committed hurt, and it is unnecessary to disturb their conviction for that offence.3. The sentences are not severe....
Tag this Judgment!Charles Snell and Alexander Seddons Vs. the Queen
Court : Chennai
Reported in : (1883)ILR6Mad201
Charles A. Turner, Kt., C.J. and Kindersley, J.1. It is shown that, by a general rule sanctioned and notified as required by law, the guard and driver of a ballast train should, on a line worked on the block system, stop the train at a station and should not leave the station till the guard has received from the Station Master and delivered to the driver a ' line-clear' certificate.2. It is also shown that on the 27th October the appellants disobeyed that rule, and it cannot be doubted that by so doing they endangered the safety of persons using the railway between the Seringapatam and French Rocks Stations.3. It is no answer to the charge that the rule had been habitually broken, if the evidence as to the disregard of it is reliable, nor is it any answer to the charge that obedience to the rule would possibly not have prevented the accident which occurred. The appellants are liable to conviction not by reason of consequences directly referable to their default, but by reason of the da...
Tag this Judgment!Kashibai Kom Bhagvant and anr. Vs. Tatla BIn Lakshman
Court : Mumbai
Reported in : (1883)ILR7Bom221
Charles Sargent, Kt., C.J.1. The decision in this case turns upon the question of the validity of the adoption of an eldest son. This as well as the cognate question of the validity of the adoption of an only son, may probably be considered as settled in the High Courts of the other Presidencies. In Madras the validity of the adoption of an eldest son was established in the case of Chinna Gaundan v. Kumara Gaundan Mad. H.C. R. 54 the decision being based principally on the opinion expressed by Sir T. Strange 'that with regard to both the prohibitions respecting an eldest and an only Son, where they most strictly apply, they are directory only, and that an adoption of either, however blamable in the giver, would nevertheless, to every legal purpose, be good according to the maxim factum valet quod fieri non debuit.' In Calcutta the adoption of an eldest son was held valid by Mr. Justice Markby and Mr. Justice Mitter in Janokee Debea v. Gopaul Acharjea I.L.R. 2 Cal 365 and that of an onl...
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