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Shamsonnessa Begum Vs. Anne Love - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1885)ILR11Cal527
AppellantShamsonnessa Begum
RespondentAnne Love
Excerpt:
warrant of arrest - imprisonment in jail not named in warrant--release--civil procedure code--act xiv of 1882, sections 336 and 337. - norris, j.1. in this case w.n. love, also called anne love, was arrested on saturday last by brown, the sheriff's officer, under a warrant issued out of this court, dated the 2nd of may 1885. she was arrested on saturday, the 2nd of may, and in consequence of the court not sitting at the time of the arrest, she was, according to brown's statement, taken to the presidency jail. brown says he showed the warrant to the warder, and the warder refused to receive the prisoner; that he then went to the russa jail; that he found that the russa jail had ceased to exist, and he then took the prisoner to the alipore jail where she remained till monday.2. the warder says the warrant was not shown to him, and that there was no refusal on his part, or on the part of any other person, to receive the.....
Judgment:

Norris, J.

1. In this case W.N. Love, also called Anne Love, was arrested on Saturday last by Brown, the Sheriff's officer, under a warrant issued out of this Court, dated the 2nd of May 1885. She was arrested on Saturday, the 2nd of May, and in consequence of the Court not sitting at the time of the arrest, she was, according to Brown's statement, taken to the Presidency Jail. Brown says he showed the warrant to the warder, and the warder refused to receive the prisoner; that he then went to the Russa Jail; that he found that the Russa Jail had ceased to exist, and he then took the prisoner to the Alipore Jail where she remained till Monday.

2. The warder says the warrant was not shown to him, and that there was no refusal on his part, or on the part of any other person, to receive the prisoner.

3. Anne Love was produced here on Monday, the 4th instant, and under Section 336 I directed that on her giving security for the sum of Rs. 1,800 to the satisfaction of the Registrar to appear when called upon, and to apply within one month to be declared an insolvent, she should be released from arrest, and failing her giving security I directed, as I was bound to do, that she should be taken to the 'Presidency Jail.

4. She went before the Registrar and was unable to furnish security for the sum of Rs. 1,800 to his satisfaction. Thereupon a warrant under the seal of the Court was made out and signed by him.

5. It is directed to the Sheriff and to the Superintendent of the Presidency Jail, and is as follows: 'Whereas W.N. Love, also called Anne Love, has been brought before Her Majesty's High Court of Judicature at Fort William in Bengal this 4th day of May one thousand eight hundred and eighty-five, under a warrant in execution of a decree which was made and pronounced by the said Court on the eighteenth day of September one thousand eight hundred and eighty-four in a suit wherein Shamsonnessa Begum is plaintiff, and Anne Love, the widow and heiress and executrix of the last will and testament of William Nicholas Love, deceased, is defendant, and by which decree it was ordered that the said defendant should pay to the plaintiff the sum of Rs. 1,606-6 for certain taxed costs, and also the sum of Rs. 91 for costs of execution, besides Sheriff's fees and charges; and whereas the said W.N. Love, also called Anne Love, has not obeyed the decree, nor has satisfied the said Court that she is entitled to discharge from custody under the provisions in that behalf of Act XIV of 1882. These are therefore to will and require you the said Sheriff to take the said W.N. Love, also called Anne Love, and to carry and convey her forthwith to the said 'Jail' (that is, the Presidency Jail) under safe and secure conduct. And you, the said Superintendent aforesaid, are hereby in Her Majesty's name commanded and required to take and receive the said W.N. Love, also called Anne Love, into the jail, and keep her imprisoned therein until the said decree shall be fully satisfied, or the said W.N. Love, also called Anne Love, shall be otherwise entitled to be released according to the terms and provisions of the said Act relating to the execution of decrees by imprisonment. And the said Court does hereby fix four annas per diem as the rate of the monthly allowance for the subsistence of the said W.N. Love, also called Anne Love, during her confinement under this warrant of commitment. Witness Sir Richard Garth, Knight, Chief Justice, at Fort William aforesaid, the 4th day of May in the year of our Lord one thousand eight hundred and eighty-five.'

6. Now the Sheriff's officer, instead of taking the prisoner to the Presidency Jail as he was commanded to do, of his own motion, because the officer in charge of the Presidency Jail had on the previous Saturday refused to receive her for intermediate custody, took her to the Alipore Jail, and there delivered her with the warrant to the officer in charge of the Alipore Jail. I am of opinion that his duty was to take her to the Presidency Jail and leave her there. The Superintendent of the Presidency Jail may, under the orders of Government, have taken such course as he may have been authorized to take with reference to her custody, but the Sheriff's officer's duty was to do as he was commanded to do. He had no authority to take her out of the jurisdiction, and leave her in the custody of the Superintendent of the Alipore Jail. She was in unlawful imprisonment from the time she was delivered to the Alipore Jail, and I am of opinion that when the Sheriff's officer delivered her to the Superintendent of the Alipore Jail, she was in fact released, and I direct her to be discharged.


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