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held that defendants were under no obligation to carry out their part of the agreement, inasmuch as the plaintiff's proctor had failed to file a memorandum of the cost of stamps, or render a bill to defendants.
Held, that plaintiff was entitled to judgment in terms of the agreement.
RAMANADEN CHETTY v. FERNANDO et al., 161, District
2. Security for costs in insolvency proceedings-Appeal
Commission to surveyor to fix boundary-Parties ordered
In January, 1921, the parties to a partition action were ordered to issue a joint commission to two surveyors to fix the boundary, and to report to enable the Court to do so, and it was arranged that each party should contribute towards the payment of the surveyors' fees. In January, 1922, the defendants deposited in Court their shares of the fees, and the Court ordered the plaintiffs to deposit the fees on March 17. Plaintiffs not having deposited their shares on that date, the Court dismissed the action.
Held, that the order of dismissal was wrong.
SILVA et al. v. SILVA et al., 53, District Court,
5. Appeal Security for costs Money deposited-No bond hypothecating money-Civil Procedure Code, ss. 756 and 757-Ordinance No. 42 of 1921-Power of Supreme Court to grant relief in case of defects
6. Appeal from an order as to costs from a Court of Requests
Power of Court
Court of Requests
50, 210, 317
1. Misjoinder of causes of action-Action by usufructuary
No appeal lies from an order of the Commissioner of
Jurisdiction-Courts of Requests Inquiry under section
Criminal breach of trust
1. Magistrate also District Judge-Magistrate deciding to try case summarily as District Judge under section 152 (3), Criminal Procedure Code, before recording complainant's evidence as required by section 149-Criminal Procedure Code, 8. 425.
Where a Magistrate, who was also District Judge, decided to try a case summarily as District Judge under section 152 (3) of the Criminal Procedure Code before taking down the complainant's evidence as required by section 149,
Held, that the irregularity was not fatal, but that it was
ABANCHIHAMY v. PETER, 567, Police Court, Tangalla,
2. Criminal Procedure Code, ss. 152 and 149-Magistrate
Before a Magistrate, who is also a District Judge, exercises
KALINGUHAMY v. POROLIS APPU, 236, Police Court,
3. Criminal Procedure Code, s. 321-Accused sentenced to a
Where the Court sentenced an accused to a term of imprisonment, and directed the sentence should run concurrently with the sentence the accused was undergoing in another case.
Held, the order that the sentences were to run concurrently was not objectionable in the circumstance.
THE KING V. MENDIYA, District Court, Galle, 14,512 .. 4. Criminal Procedure Code, s. 189-Time-limit on cross examination and remarks-Right of pleader for defence to comment on evidence led for prosecution.
A Magistrate has no power to impose a time-limit either on cross examination or on the remarks of pleaders.
A pleader for the defence, when opening his case, may not only expound the evidence he proposes to lead for the defence, but may also comment on the evidence led for the prosecution.
ROWEL v. PERERA, 385, Police Court, Chilaw, 12,387.. 5. Criminal Procedure Code, s. 83-Habitual offenders-Security to be of good behaviour-Summons or warrant must contain a brief statement of information against party summoned, and state under which sub-head of section 83 he comes. Where proceedings are taken under section 83 of the Criminal Procedure Code against a person, the summons must contain a brief statement of the substance of the information on which such summons is issued. It should state specifically under which of the heads dealt with by section 83 the person summoned is understood to come--whether he is a habitual offender, notorious bad liver, dangerous character, &c.
KANAGASINGAM v. TAMBYAH, 143, Police Court, Trinco-
See WASTE LAND.
See CROWN GRANT.
Crown grant in favour of six persons-Grant silent as to what share is conveyed to whom-Presumption.
When a property is purchased by several persons, and the
APPU et al. v. SILVA et al., 231, District Court, Galle,
Cruelty to animals-Killing wild elk in a cruel manner—
Where a number of people chased a wild elk which had not
INSPECTOR, SOCIETY FOR THE PREVENTION OF
1. Silt carried along drains in defendant's land into a water channel in plaintiff's field-Blocking of channel--Overflowing of silt rendering field useless-Action for damages-Was it plaintiff's duty to keep channel clear?
A large quantity of silt was carried along the drains in
as a field. Plaintiff sued defendant for damages. The
Held, that defendant was liable in damages.
SIADORIS v. SILVA, 250, District Court, Galle, 17,584
2. Riparian owners-Right to dam up stream--Damage to owner of land higher up.
A proprietor of a land adjoining a stream or water-course
APPUHAMY et al. v. SINGHо et al., 326, District Court,
3. Lease of ground share of plumbago lands-Is delivery of possession necessary?-Vacant possession-Is there a difference between lease and sale-Lease of a chose in action-Lease of rents of tenements-Lease of taxes and tolls-Actio conducti when damages may be recovered from lessor for not delivering possession--Remission of rent or damages
Seizure of boats by Fiscal-Boats leaky-Action for
5. Bond by a minor along with her father as surety to go through a course at the Training College and serve for five years as a teacher-Is bond valid ?—Penalty-Liquidated damages
See also CONTRACT
180, 210, 279
Administration of justice should be free from suspicion-Proctor advising one party hearing case as District Judge Magistrate also District Judge-Magistrate deciding to try case summarily as District Judge under section 152 (3), Criminal Procedure Code, before recording complainant's evidence as required by section 149-Criminal Procedure Code, s. 425
1. Donation in contemplation of marriage-Right to recover present when marriage falls through.
Plaintiff under the belief that defendant was employed as a clerk consented to defendant marrying his daughter, and agreed to give a dowry of Rs. 1,000. On the day notice of marriage was given, plaintiff gave defendant Rs. 500 out of the dowry. The proposed marriage was broken off, as the defendant was not employed.
Held, that plaintiff was entitled to recover the money given to defendant.
"A donation made in contemplation of marriage must be returned in case the marriage does not take place."
JOHN SINNO v. WEERAWARDANE et al., 197, District
2. Property gifted by parents to child subject to the life interest
Where a property was gifted by a father and mother to their child subject to the life interest of both donors." Held, that the death of the mother a half share of the property became the absolute property of the donee, and that the surviving parent was not entitled to take the life interest of the half share.
FERNANDO et al. v. FERNANDO, 239, District Court,
Estate duty-Deductions for assessing duty-Are foreign debts to be deducted?--Opinion of Commissioner of Stamps final as deductions of debts-" Property "-What forms the estate of the deceased ?-Procedure under the Ordinance indicated. The term "debts and incumbrances " in section 17 (1) (b) of the Estate Duty Ordinance, 1919, refers to such debts and incumbrances as have been incurred or created within the Island. For the purpose of payment of estate duty, debts incurred or payable out of the Island are not to be deducted from the estate.
The procedure under the Estate Duty Ordinance indicated. "The opinion of the Commissioner appears to conclude the question as to what are the debts of incumbrances which must be deducted."
MURUGAPPA CHETTY v. THE COMMISSIONER OF STAMPS,
Evidence given by an accused which implicates a co-accused
Evidence given by an accused person on his own behalf
Where in a criminal trial two co-accused persons elect not to give evidence, but are content to rely either upon their statements in the Police Court or upon statements in the dock, the jury should be warned, where such a statement by one prisoner inculpates the other, that it should not be taken into account against him.
Where sworn evidence is in fact given by a co-accused, the
REX v. UKKU BANDA et al., 3, Police Court, Kegalla,
2. Statement by one accused implicating the other accused made outside Court-Inadmissible as against other accused— Agreement by accused to pay compensation on the suggestion of the master of the accused-Implied confession-Is confession admissible against accused?
The complainant charged the two accused with theft of certain articles. The conviction of the first accused was based on two circumstances: (1) The second accused made a statement to the District Engineer implicating the first accused; (2) the first accused on the suggestion of the District Engineer offered to pay Rs. 45 to the complainant as compensation.