Court : Kolkata
Decided on : Jun-14-1895
Reported in : (1896)ILR23Cal87
..... is as follows: 'the receipt of any proprietor, manager or' mortgagee, whose name and the extent of whose interest is registered under this act, shall afford full indemnity to any person paying rent to such proprietor, manager or mortgagee.' section 81 provides: 'nothing contained in the three last preceding sections' (i.e. sections 78, ..... there is a written lease, and as section 81 says that nothing in section 78 shall be held to interfere with the conditions of any written contract, i am unable to say that section 78 applies.74. as regards the second question, it seems probable that section 60 of the bengal tenancy ..... 79 and 80) 'shall be held to interfere with the conditions of any written contract, or to prevent any person deeming himself entitled to any sum of money from recovering such sum by due process of law from any other person who has ..... that section the registered owner of a revenue-paying estate has a right to sue the tenants for rent, although he has not entered into any contract with them, and although he cannot prove a good title to the estate of which he is the registered owner. we think that the section ..... that, inasmuch as the plaintiff' got his name registered in respect, of the taluk, the defendants holding the land wore bound to pay rent without any contract, express or implied, and that he could sue them for rent. i am aware of no authority for this proposition. if the relationship of landlord and .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-06-1895
Reported in : (1895)ILR22Cal658
..... .* devolution of joint rights.[section 45: when a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with ..... to fulfil to one of two joint promises a promise made to both jointly. this contention is, in my opinion, met by the fact that a fresh contract was made by the parties in 1296, as is clear from the defendant's written statement and his deposition.26. i am, therefore, of opinion that ..... further unable to see that the kabuliat, at the time it was executed, contravened the provisions of any law then prevailing. it is, no doubt, an illegal contract now according to section 29, clause (b), of the bengal tenancy act, and if it had been made since the passing of that act, it could not ..... act, and cannot be made, except by all the proprietors conjointly-6. the kabuliat was executed before the bengal tenancy act was passed, and, therefore, any contract then made would not come within the operation of that act. for a similar reason, the subordinate judge has misapplied that act, so as to bar this ..... . as we understand him, in coming to this conclusion, be applied section 29 of the bengal tenancy act, and the principles of section 74 of the contract act. in appeal the subordinate judge dismissed the suit, holding that, as the plaintiff is only a part proprietor of the estate, he cannot sue for .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-27-1895
Reported in : (1895)ILR22Cal680
..... effect in raising the rent to an oppressive extent. it is well known that in the case of an existing tenancy at a rent fixed by contract or by custom, if the landlord wishes to raise the rent, and the tenant objects, the parties very often come to an arrangement by ..... to prohibit is the imposition upon tenants of abwabs and other cesses of a like nature in addition to the actual rent fixed by custom or contract. and the reason why the law prohibits these impositions, notwithstanding that they may be voluntarily agreed to, is (as may be gathered from the earlier ..... to the stipulation now under consideration, after authorising proprietors of land to grant leases to their dependent talukdars, under farmers, and ryots in any form the contracting parties might think fit, prohibited the imposition of arbitrary or indefinite cesses, whether under the denomination of abwab, mathaut, or any other denomination, and declared ..... tax of the mouza let out in putni, is one of the terms of the putni settlement itself; it is entered into between parties competent to contract, and is made for valuable consideration; and the putni regulation viii of 1819, in section 3, distinctly declares that putni taluks 'shall be deemed to ..... .3. the first court overruled the plea of limitation, holding that the claim was not one for rent, but was one based on a registered contract; and having found for the plaintiffs on the merits, it decreed the claim in full.4. on appeal, the defendant for the first time raised .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-09-1895
Reported in : (1896)ILR23Cal302
..... other cases, that the suit would not lie because, as stated by garth, c.j., the cause of action for the injured party in the case of either a joint contract or joint tort is but one, and that cause of action is exhausted by a judgment being obtained against any one of them. the chief justice also referred to the ..... for in the subsequent suit, and what was the cause of action for such suit. and couch, c.j., seems to have regarded that suit as based upon the original contract and upon the same cause of action viz., the non-payment of the money which gave rise to the previous suit. in the case of hemendro coomar mullick, it would ..... b.l.r. 200 : 18 w.r. 458, he adopts the same view of the law, for he regards the suit as one to make the defendants liable under the contract which formed the subject of the former suit, and he holds that such a suit will not lie. mitter, j., in the case of sitanath koer v. land mortgage bank ..... under execution. couch, c.j., in delivering the judgment of the court in the first case, argues from the conduct of the plaintiff' in suing only certain persons on the contract, and obtaining a decree against them alone, whereas if he intended to make them all liable, he should have framed his suit differently, and he dismissed the second suit as .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-17-1895
Reported in : (1895)ILR22Cal692
..... of the partnership assets, and the rights and obligations of the partners can no longer, therefore, be regarded as continuing as contemplated by section 263 of the contract act. it is also open to question whether a suit for an account would lie. in the former suit, to which all the partners were parties, ..... adjustment of the accounts; that an issue was distinctly raised as to whether the suits were properly framed having regard to the provisions of section 265 of the contract act, and decided in favour of the plaintiffs. this argument was not, as far as i can gather, addressed to the learned judges who first heard ..... was wrong in holding that the . only form of suit open to the plaintiff was one for winding-up the partnership under section 265 of the contract act in the form prescribed in form 113 to schedule iv of the code of civil procedure.21. fourthly.-that the lower appellate court was wrong ..... . 959 being related to the same business, whether separate claims ought to be entertained?' is the suit untenable under the provisions of section 245 of the contract act?' does the suit lie in this court?' was there an adjustment of accounts with the consent of the parties?' what amount is due to which ..... the said defendant; that he is alone liable to all the co-sharers; that this suit is barred by the application of section 265 of the contract act; and that when accounts were adjusted by the gomasta defendant and the mohutir the plaintiffs did not give effect to it for unjust gain.' the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-04-1895
Reported in : (1895)ILR22Cal562
hill, j.1. this is a suit brought by the plaintiff under section 9 of the specific relief act for the recovery of possession of a room situated on the first floor of the outer apartments in no. 35/1, rajah nobokissen's street. it has boon objected, on behalf of the defendants, that the plaint discloses no cause of action. what the plaintiff says in effect is this : that originally the house to which this room belongs was the family dwelling-house of rajah sir radhakant deb, who died in 1868, having made a will in 1863; and that, under that will, the plaintiff's father and uncle are in possession and enjoyment of a portion of the house. it must be taken that they are so in possession of that portion of the house in which the room in suit is situated.2. then in the fourth paragraph, and it is on this that the defendant founds his contention, it is said that, as representing his uncle (shamlal mitter) and father (ruplal mitter), the plaintiff was, until the date thereinafter mentioned, in possession of, amongst others, the room in suit; and the plaintiff goes on to say, that, in july 1893, the defendants forcibly broke open the padlock of that room and took possession of the room, thereby dispossessing the plaintiff.3. the defendants contend that the possession intended by section 9 of the specific relief act must be what is described in certain of the authorities to which reference has been made as juridical possession, and that all that the plaintiff discloses in his plaint is .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-1895
Reported in : (1896)ILR23Cal130
..... ever been acted on in practice. moreover, it is distinctly opposed to the authorities which lay down that when a man marries two sisters by one contract, and one marriage is known to precede the other, the marriage which is the later of the two is absolutely void. we do not think, ..... favour of the plaintiff, and which has naturally been greatly relied on her behalf. the passage is as follows:should the sisters be married by separate contracts, the marriage of the last married is invalid (fasid), and it is incumbent on the husband to separate from her. if the judge be aware ..... sister, while the marriage with the first is still subsisting. and the reason for the exception in the case of two sisters married by one contract in given in the hedaya and elsewhere, and is based upon an intelligible principle. if it can be ascertained which marriage preceded the other, the ..... abu yusuf and mahomed, who held that a marriage with a prohibited woman was void and the fruit of it illegitimate, and that a person contracting such a marriage was liable to hadd if he were aware of the illegality. the severity of the punishment of hadd also doubtless led to the ..... footing. in such cases consummation, generally speaking, removes the flaw to the legality of the union. the children conceived and born during the existence of the contract are held to be legitimate. consequently, all marriages between two persons who are perpetually interdicted to one another by reason of consanguinity, affinity or fosterage, .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-27-1895
Reported in : (1896)ILR23Cal374
..... in the somewhat lengthy and elaborate argument of mr. pugh and of babu bhoivani charan dutt who followed him. it was neither argued nor suggested that the loans had been contracted for improper purposes, or that the decree had been improperly obtained, or that any of the several petitions put in on behalf of the minor respondent in the course of ..... being a personal decree against rani anandmayi debi cannot bind the estate of the minor. now, whether we look to the nature of the original loan, part of which was contracted by the minor's adoptive father, and part by the minor's adoptive mother, before he was adopted, acting as executrix, and for the purpose of paying government revenue, or ..... from the estate of her deceased husband, and executed a bond for the consolidated sum of rs. 32,000, being partly the amount of principal and interest ot' the loan contracted by her husband, and partly the amount borrowed by her. that bond is dated the 27th bhadra 1284, and it mortgages a part of the estate left by raja gajendra .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-10-1895
Reported in : (1895)ILR22Cal974
..... others as representing the estate of nobin krishna and krishna dass, and it was not, therefore, in our opinion, a personal debt of manikmoni, that is to say, a debt contracted by her for which she was personally liable. we do not think that the character of the debt was changed merely because jiban gopal paid the whole of the mesne .....Tag this Judgment!