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Pranshankar Shivshankar Vs. Govindhlal Parbhudas
Court : Mumbai
Reported in : (1877)ILR1Bom467
1. The Court is of opinion that the suit will not lie. An action is not maintainable for damages occasioned by a civil action, even though brought maliciously, and without reasonable and probable cause (see Addison on Wrongs, p. 599, 3rd edition); neither will a suit lie to recover costs awarded by a Civil Court, though it may lie for costs., which could not be so awarded: Chengulva Raya Mudali v. Thangatchi Ammal (6 Mad. H.C. Rep. 192)....
Tag this Judgment!Haji Jakaria Vs. Haji Casim
Court : Mumbai
Reported in : (1877)ILR1Bom496
Charles Sargent, J.1. The question is whether production is to be ordered of certain documents, and especially of the partnership books belonging to the firm of Ibrahim Kadu and Co., for the purpose of being inspected by the plaintiff. The plaintiff alleges that he was a partner in that firm, and that a sum of money was caused to be carried to his separate account in the books of that firm. The objection to their production is that the defendant is not the only person interested in the books in question, but that the other partners in the firm of Ibrahim Kadu and Co., who are not parties to this suit, and who are not shown to consent to the production of the books, are also interested in them. The books are at present in the possession of the Master in Equity, an officer of this Court, and the question is,--Will the Court order their production? Now there appears to be no settled practice in cases of this nature--it is advisable, therefore, to consider the English authorities.2. The ru...
Tag this Judgment!Poorno Chunder Coondoo Vs. Prosonno Coomar Sikdar and anr.
Court : Kolkata
Reported in : (1877)ILR2Cal123
Pontifex, J.1. I have very little doubt that process of execution means actual process by attachment in execution of the judgment-debtor's person or property. The case of Obhoychurn Dutt v. Mudoosudan Chowdhry 5 Wym. 172 is opposed to this: but I prefer the decision in Shib Chunder Bhadoree v. Luckhee Debia Chowdhrain 6 W.R. Mis. 51. In my opinion mere notice of execution is not sufficient process for enforcing the decree....
Tag this Judgment!Natha Hira and anr. Vs. Janardhan Ramchandra and anr.
Court : Mumbai
Reported in : (1877)ILR1Bom503
1. We think that the transaction of the 8th December 1872 amounted to the substitution of a new contract for that contained in the promissory note of 14th April 1870, under which new contract the plaintiff's, in consideration of a payment of interest in advance up to the 1st April 1873, agreed to defer their demand for the principal, and to forbear to sue until that day. Hence the period of limitation must be reckoned from that day, and the suit, having been brought on the 27th March 1876, is not barred. The verdict, therefore, should stand....
Tag this Judgment!Hearn and ors. Vs. Bapu Saju Naikin
Court : Mumbai
Reported in : (1877)ILR1Bom505
1. Let the decree for the plaintiffs by the Court of Small Causes stand. The costs of this reference must be paid by the defendant....
Tag this Judgment!In Re: Lalla Gopee Chand and ors.
Court : Kolkata
Reported in : (1877)ILR2Cal128
Markby, J.1. In my opinion the officer was right in declining to receive the deposit. The applicant claims the benefit of Section 8 of Act VI of 1874 and Section 5 of Act IX of 1871, the 16th of November being the day on which the Court re-opened in the sense that that was the day upon which the Benches sat as usual for the first time. But those sections only apply to suits, appeals, and applications. No application was necessary in this case; the money is merely, brought to the officer of the Court, who receives it making the usual entries, and this could have been done on any day after the 23rd of October.2. I have enquired as to the practice, and I find that it has always been usual, when the last day falls during the period when the offices are closed, for the money to be brought in before the holidays commence.3. I am also asked to give permission that the money be deposited now. I do not think I have power to do that....
Tag this Judgment!Brammoye Dassee on Behalf of Brojo Nath Singh and anr. Vs. Kristo Mohu ...
Court : Kolkata
Reported in : (1877)ILR2Cal222
Markby, J.1. In this casts we think the judgment of the first Court was a right judgment, and ought not to have been disturbed by the lower Appellate Court.2. It appears that there were three brothers entitled to a certain property. A decree had been obtained against two of the brothers, Shib Prosad and Bhola Nath. Their rights and interests in the property were sold, and the defendant got into possession. The widow of one of the brothers then brought a suit for declaration of her title to one-third share of the property. An issue was raised whether that share was the right and interest of the plaintiff as alleged by her, or of Shib Prosad and Bhola Nath as alleged by the defendant. There wore other parties to that suit, but that does not seem to be material. After the death of the widow, the heir of her husband brought the present suit for possession. The decree in the former suit was set up as a bar to the present suit; and an issue was raised whether or no that decree was a bar to t...
Tag this Judgment!Nirmul Chandra Mookerjee and anr. Vs. Doyal Nath Bhuttacharjee and ors ...
Court : Kolkata
Reported in : (1877)ILR2Cal130
Pontifex, J.1. I think the Court has power to grant this application, if the plaintiff's are actually paupers. The power to allow a case to be continued as a pauper suit is, I think, included in the power given to the Court to allow a, suit in forma pauperis to be instituted....
Tag this Judgment!Satra Kumaji Vs. Visram Hasgavda
Court : Mumbai
Reported in : (1878)ILR2Bom97
Michael Westropp, C.J.1. The Court, following its own decision in Vasudev Moreshwar Gunpule v. Rama Babaji Dange 11 Bom. H.C. Rep. 149 and the Calcutta decision--Rohinee Debia v. Shib Chunder Chatterjee 15 Cal. W.R., 558, holds that the deed of assignment (Exhibit No. 4), being for a consideration less than Rs. 100, did not require registration. It may be that the parties to the original mortgage (Exhibit No. 3), valued the security and the solvency of the parties at Rs. 100 or upwards, but it does not thence follow that either or both were deemed of that value at the date of the assignment, and it was for the parties to that latter transaction, for the purposes of registration, to fix the value of the interest thereby assigned. This Court, therefore, reverses the decree of the District Judge and remands this cause for a new trial on the merits....
Tag this Judgment!Boonjad Mathoor and ors. Vs. Nathoo Shahoo
Court : Kolkata
Reported in : (1878)ILR3Cal376
L.S. Jackson, J.1. The Munsif cursorily remarked upon the insufficiency of the stamp on which the petition of review was filed before the arbitrator. I should have thought that no stamp was required. He also thought that according to the provision of Section 378 of Act VIII of 1859 the order in rejection of the review was final. It seems to me clear that could not possibly be a ground of judgment in this case. [The learned Judge then alluded to the judgment of the lower Appellate Court and continued--]2. It has been contended before us in special appeal that the lower Appellate Court had no jurisdiction to make this order, inasmuch as the Munsif having made a decree in accordance with an award of arbitrators, that decree was by law final. And Baboo Mohesh Chunder Chowdhry referred us to Sreenath Chatterji v. Koilash Chunder Chatterjee 21 W.R. 248 in which judgment was given by the late Chief Justice Sir Richard Couch, of which the head-note is to the effect that Section 327 of the old ...
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