Oudbehari Lal Vs Brajamohan Lal
.... It seems to me that when a question arises u/s 20, Act XIV of 1859, the Court must be guided by the decree that was originally drawn in the case, and not by any arrangement that the parties may have subsequently entered into as-between themselves; and I think that, under the recent rulings of this ...
Calcutta High Court
In Re: Gangaprasad Gosain Vs
.... used in his will, as to the petitioner''s coming of age, contemplated his arrival at an age when he should be able to exercise full control over the property. The testator''s estate consists to a large extent of immoveable property in the Mofussil, where Act XL of 1858 certainly prevails; and in re ...
Calcutta High Court
Mussamat Bibi Maniran Vs Mussamat Bibi Mashihan
.... n might be directed to this irregularity. 5. I entirely concur in the doctrine laid down in that case, that damages must be assessed by the Court which tries the case, and not in execution of the decree. Baboo Ramesh Chandra Mitter has objected that the decree before us is incomplete. I think tha ...
Calcutta High Court
Rani Raisunnissa Begum Vs Rani Khujjunnissa
.... estate. 8. I think that although the Judge would have done more rightly had be put in issue the question of the will, still that he has done his best, under the circumstances, at least so far as regards the appellant before us, when he decided in favour of the respondent as the proper representa ...
Calcutta High Court
Mussamat Kasturi Kunwar and Others Vs Mussamat Nanerbi Kunwar
.... n changed, the Collector, on receiving the decree of the Court, would probably have ascertained for himself, or taken steps to ascertain whether anything which had taken place since the decree had or might have modified the rights of the parties. He would have exercised his own judgment in the matte ...
Calcutta High Court
Ram Mohan Das Vs Lakhi Narayan Roy
.... xecution of the decree, but here there is no such specific agreement, and that, consequently, there is a new contract in this case which the plaintiff could enforce by suit in the Civil Courts. 7. In the first place, the Judge has referred to us a point of law upon certain facts which he states. ...
Calcutta High Court
Abhaya Charan Dutt Vs Haro Chandra Das Banik
.... ar to have been the employer of the plaintiff in this case, but merely to have been a superior ministerial officer who, by arrangement between the parties and their common employer, was accustomed to receive the money payable to the plaintiff from the Collector. If, therefore, the defendant by himse ...
Calcutta High Court
Dinanath Das Vs Jadab Chandra Toi Paramanik
.... rritories of the British Government in India; that there had been reciprocity in execution of decrees between the Courts of the Rungpore district and that of the Dewan Ahilkar of Cooch Behar, and he, therefore, ordered the execution of the decree to proceed. 3. On special appeal, it is said that ...
Calcutta High Court
Kilaram Maji Vs Narayan Das
.... , Act VIII of 1859, and with a warrant u/s 75 of the same Act, and on failure of giving security, as required by section 78 of the Act, the defendant has been committed to custody. Thereupon the Small Cause Court makes a renewed application to the Zilla Judge, and repeats the request that he will co ...
Calcutta High Court
Maharaja Rajendra Pratap Sahoy Bahadur Vs Bhawabal Sing
.... , may be desirous of obtaining a review of the judgment passed against him, may apply for a review of judgment by the Court which passed the decree." In section 378, it is laid down that, "If the Court shall be of opinion that there are not any sufficient grounds for a review, it shall reject the ap ...
Calcutta High Court
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