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Kristo Kamini Dasi Vs. the Maharajah of Burdwan and ors.
Court : Kolkata
Reported in : (1883)ILR9Cal931
1. We are of opinion that in this case the notice was insufficient.2. If there is a cutcheri upon the land of the defaulting patnidar, (by which expression we mean the land of the taluk in question), we think that the notice must be published at that cutcheri.3. If there is no such cutcheri, the notice must be published at the principal town or village within the taluk.4. We think also that the mere delivery of the notice to the patnidar, or one of his amlas, is not sufficient; but that it must be published in the manner required by the section. The necessity for accurately conforming to both provisions of the Regulation is laid down authoritatively by the Judicial Committee in the case of the Maharajah of Burdwan v. Tara Soondery Debia L.R. 10 I.A. 19: s.c. ante p. 619....
Tag this Judgment!Raghoo Pandey and anr. Vs. Kassy Parey and ors.
Court : Kolkata
Reported in : (1884)ILR10Cal73
Mitter, J.1. This is suit for redemption of certain share of Brit Jugmanka. It is a right ot officiate as priest at funeral ceremonies of Hindus. The Munsif awarded a decree in favour of the (plaintiffs) appellants. The lower Appellate Court has reversed that decree, holding that under Article 145+ of the present Limitation Act (No. XV of 1877), the claim is barred. It is of opinion that the right claimed is in the nature of moveable property.2. It is contended in appeal that the right claimed is in the nature of immoveable property, and therefore the present suit falls under Article 148,++ and not under 145.3. There is no doubt that the right in question ranks amongst immoveable property according to Hindu law. We need not here refer to the texts of the Hindu law bearing upon this question, as they are all collected in the two judgments of the Bombay High Court cited below, one of which was cited before us in the course of the argument, Krishnabhat bin Husgange v. Kapabhat bin Mahalbh...
Tag this Judgment!Deo NaraIn Singh Vs. Karoo Singh
Court : Kolkata
Reported in : (1884)ILR10Cal80
Mitter, J.1. The question for decision in this case is, whether an application for review of judgment upon a ground other than those mentioned in Section 624 of the Civil Procedure Code, if presented to the Judge who delivered it, and who thereupon directs notice to be given to the opposite party, may be heard and disposed of by his successor.2. The learned pleader for the appellant contends that this question should be answered in the negative, and relies upon the provisions of Section 624 as construed in Puncham v. Jhinguri I.L.R. 4 All. 278. The decision cited fully supports him. But with deference to the opinion of the learned Judges who decided that case we are unable to concur in the view taken by them. The learned Judges have pointed out the inconvenience and hardship which may ensue in certain cases if their interpretation of the section be adopted, but they nevertheless felt themselves bound to adopt it as they could not get over the plain language of the section. It appears t...
Tag this Judgment!Deo Prosad Sing Vs. Pertab Kairee
Court : Kolkata
Reported in : (1884)ILR10Cal86
Mitter, J.1. This is a suit for possession of land covered by a kobala, dated the 31st October 1867; executed in favour of the plaintiff. The lower Courts find that the period of limitation in this case must be counted from the date of the kobala. This finding has not been questioned before us.2. The suit was brought on the 14th April 1881, i.e., more than twelve years from the date of the kobala, and unless the time during which another suit relating to the subject-matter in dispute was pending be deducted, the claim is clearly barred by limitation.3. It appears that the plaintiff, on the 2nd September 1869, brought a suit against the defendant and several other persons, for the recovery of possession of a plot of land, including the land in suit, and obtained a decree in the Court of First Instance. On appeal it was found that the plaintiff had joined together several causes of action. The Appellate Court, on the 30th March 1881, confirmed the decree as regards one of these causes of...
Tag this Judgment!Jagjivan Javherdas Seth Vs. Magdum Ali Deceased by His Heirs Shekh Ada ...
Court : Mumbai
Reported in : (1883)ILR7Bom487
Pinhey, J.1. In execution of a decree against one Shekh Ali, Shekh Ali's equity of redemption in a certain property was sold by auction, and purchased by plaintiff. In this suit plaintiff sues, to redeem the property from the legal representatives of the mortgagee, Makdum Ali. He estimated his claim at Rs. 2,500; but the defendants, in a statement of account given in their written statement, showed that only Rs. 2,440 was due on the mortgage, and the lower Court found that even this sum was not due. The appeal from the decision of the lower Court--that is, the. First Class Subordinate Court at Nasik,--there fore, lay to the District Court, and not to the High Court--Cotterell v. Stratton L.R. 17 Eq. 543. and Kondaji Bagaji v. Anau See anta p. 4-48.2. This appeal must, there fore, be dismissed with costs.3. It may be remarked that if we had held other wise, and had held that the value of the property in suit was over Rs. 5,000, we should have had to annul the whole proceedings in the ca...
Tag this Judgment!Hemchand Kuber Vs. Vohora Raji Haji
Court : Mumbai
Reported in : (1883)ILR7Bom515
West, J.1. The acknowledgment in this case would have satisfied the requirements of Section 19 of Act XV of 1877 had it been written by Vohora Raji Haji himself. It contains his name as that of the person acknowledging the debt. As Vohora could not write, ho got the acknowledgment, including his name, written by a third party. He thus made that third party his agent, and the Subordinate Judge being satisfied as to the facts, Vohora is bound by the acknowledgment.2. We answer the reference accordingly....
Tag this Judgment!Balkrishna Pandurang Vs. Govind Shivaji
Court : Mumbai
Reported in : (1883)ILR7Bom518
West, J.1. 'The termination of a suit is when judgment is given in the Court in which the action is commenced.'--per Blackburn, J., in Harris v. Quine L.R. 4 Q.B. 658. The time for limitation is to be counted, under Article 84, sch. II of Act XV of 1877, from the termination of the suit. The pleader in this case instituted his suit more than three years after the termination thus defined of the one in which he had been retained by the defendant. His suit, therefore, was barred by limitation....
Tag this Judgment!Annaji Waghuji Vs. Bapuchand Jethiram
Court : Mumbai
Reported in : (1883)ILR7Bom520
West, J.1. The provision in Section 3, Clause (z) of Act XVII of 1879 is not limited to an agriculturist who is himself the original mortgagor, Section 12 again contemplates suits and accounts, according to the method of the Act, between persons who are representatives only of those who were parties to the original transactions. It may be, as Mr. Ghanasham contends, that certain inconveniences will arise from the construction of the enactments we are considering according to their literal sense, but that is not a reason for our amending the work of the Legislature according to our notions of fitness. 'The intention of the Legislature is to be ascertained from the grammatical sense as applied to the object in view'-- see Eastern Counties Railway Companies v. Marriage per Blackburn J. 9H.L.. 36 'and' considerations of policy are to be excluded where the words, are clear', ( per Lord Coleridge, C.J., in Ditcham v. Worran L.R. 5 0. D. 419. Here the words are perfectly clear; and as the pla...
Tag this Judgment!Srinath Kur and ors. Vs. Prosunno Kumar Ghose
Court : Kolkata
Reported in : (1883)ILR9Cal934
Richard Garth, C.J.1. We think that the rule which was laid down under the Limitation Act of 1859 is no longer the law under the Acts of 1871 and 1877.2. A reversioner who succeeds to immoveable property has now twelve years to bring his suit from the time when his estate falls into possession. (See Article 1411 of the Act of 1871, and Article 140 of the Act of 1877.) Under the Act of 1859 the language was very different. The suit under that Act must have been brought within twelve years from the time when the cause of action arose; and as it was considered by the Full Bench of this Court that the cause of action arose at the time when the owner of the inheritance was first dispossessed, they held that a twelve years dispossession, which barred the owner of the inheritance for the time being (although a female), barred also the reversioner. See Nobin Chunder Chuckerbutty v. Guru Pershad Doss B.L.R. Sup. Vol. 1008 : s.c. 9 W.R. 505.3. The provision in the present Act., as well as that i...
Tag this Judgment!Gilby Vs. Subbu Pillai
Court : Chennai
Reported in : (1883)ILR7Mad100
Charles A. Turner, Kt., C.J.1. The object of the Act was to provide a remedy for fraudulent breaches of contract by workmen, artificers or labourers, who have received advances of money for work they have undertaken to perform or get performed, such persons being, from want of means, ordinarily unable to make compensation when sued for damages. As the Act applies to cases in which the workman has undertaken to get work performed, as well as to cases in which he undertakes personally to perform it, there may be cases in which a contractor is liable to proceedings under the Act; but the Court agrees with the District Magistrate that the contractor must be himself a workman, and the evidence warranted the District Magistrate in finding in this case that accused, whose ordinary business is that of a contracting bricklayer, and who does not himself work, was not a workman within the meaning of the Act with reference to the contract for earthwork, which is the subject of the proceedings.2. T...
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