Purnima Chowdrain and Others Vs Nittanand Shah and Others
.... ut all that was decided in that case was that one party could not bind the other party by an adjustment made by himself alone in his own books. In that case there was no evidence whatever to show that the defendant had adjusted or acknowledged the correctness of the account. We are of opinion that t ...
Calcutta High Court
Maharani Indrajit Koonwari Vs Chokowari Sahu
.... suit for resumption instituted in the ordinary Civil Court. But we think that the Judge has substantially found in his judgment that the plaintiff has failed to show that the defendant held under a grant made subsequent to 1790, because he held under a grant made prior to that date, and that grant ...
Calcutta High Court
Biswambhar Misser and Others Vs Ganpat Misser
.... 9. 5. I draw a distinction between the procedure inculcated in sections 25, 26, 27, and 28, and that of suits under sections 23 and 24 of the Act, because section 34 prescribes that--"suits under this Act shall be instituted by presenting to the Collector a plaint, or statement of claim, which "s ...
Calcutta High Court
Rani Swarnamayi and Others Vs Annada Gobind Chowdhry and Others
.... g which, whether the claim for wasilat is being litigated in the same or another suit, the plaintiff''s hands are stayed, and he is practically "precluded" from taking active steps for obtaining the remedy he seeks in the suit for wasilat. This is in accordance with the suggestion in the marginal no ...
Calcutta High Court
Harihar Mookerjee Vs Gumani Kazi
.... cover in this suit rent at the enhanced rates, there is no good reason why that part of the finding which is implied in the decree,--viz., that he is entitled to enhance, should not stand. We think that we ought to follow the decisions of the late Sudder Court, which are founded on good sense, and h ...
Calcutta High Court
Misri Kooer Vs Maharaja Maheswar Buksh Sing and Another <BR> Sriongo Kooer
.... hat "questions relating to sums alleged to have been paid in discharge or satisfaction of a decree or the like shall be determined by order of the "Court executing the decree, and not by separate suit, and the order "passed by the Court shall be open to appeal." 3. It was subsequently found that ...
Calcutta High Court
Ananda Mayi Dasi Vs Patit Pabuni Dasi and Others
.... the case is governed by the opinion of the Sudder Court of the 5th July 1859 in Kasissur Surma Lahooree v. Goluk Kishore Acharj Chowdhree S.D.A., 1859, 937, which they think was founded on good sense, and ought to be upheld. 3. This appeal will, therefore, be dismissed with costs and interest. ...
Calcutta High Court
Iswar Chandra Mitter and Others Vs Shamasundari Dasi
.... leadings that they knew of the existence of an heir to Nilkamal as far back as 29th Chaitra 1251. 7. This Court need not notice the other defence put forward, viz. that the alleged will of Jairam propounded by the plaintiffs is a forgery, and that Nilkamal took all the estates absolutely, and gav ...
Calcutta High Court
Shibnath Moitro Vs Phillip
.... or not having a right of occupancy, or to eject any farmer or other "tenant holding only for a limited period, after the determination of his "lease or tenancy, or any agent after the determination of his agency, "or to enforce any attachment or ejectment expressly authorized by" any Regulation or ...
Calcutta High Court
Bhubun Mohun Biswas Vs Ram Kanth Chowdhry
.... privileges secured to him by section 13 of Act X, and which he formerly possessed under sections 9 and 10, Regulation V of 1812. 8. A Full Bench of this Court has decided in Gumani Kazi v. Harihar Mookerjee Ante, 15 that, in a suit for enhancement, if a mokurrari patta is set up, which the Court ...
Calcutta High Court
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