Brajanath Kundu Chowdhary and Others Vs Lowther
.... made in some way, and the notice, whether given in the form prescribed by Act X of 1859 or any other form is a sufficient demand for the enhanced rate. The plaintiff having brought his suit, it remains then for tie Civil Court to decide whether he is entitled to what we demands from the defendant. T ...
Calcutta High Court
Archer Vs G.J. Watkins and Another
.... ell 1 Madd., 258; see 262,) "the decree has always been against the trustees or holders of the fund which constitutes her separate estate, making that liable to her debts and engagements;" and in Aylett v. Ashton 1 M. & Cr., 105, the Master of the Rolls held, on the authority of Francis v. Wigze ...
Calcutta High Court
Sheikh Mahomed Chaman Vs Ramprasad Bhagat and Others
.... rs'' occupation, giving him a right of occupancy u/s 6, Act VIII of 1869 (B.C.). In my opinion the right of occupancy acquired u/s 6 must be an occupancy of one and the same kind, that is to say, it must be occupancy by the person pleading it, or by his father or some other person from whom he inher ...
Calcutta High Court
Bholanath Mullick Vs Heysham <BR> Heysham
.... ation. The learned Judge of the Small Cause Court takes another view of the mode in which the amount of compensation ought to be assessed. He takes the present rent of one-half of the land, and adds one-sixth, which is equivalent to the rental of one-twelfth more of the property let at the same rate ...
Calcutta High Court
Ramdular Misser and Another Vs Jhumack Lal Misser and Another
.... ly told to bear witness, or, so to say, were constituted witnesses by the claimant of the right. So in the case of Jadu Sing v. Raj Kumar 4 B.L.R., A.C., 171, the parties did not go through the same formalities as the plaintiff did in the present case. In the present case we have the demand made of ...
Calcutta High Court
Kunku Shaw and Another Vs Amjad Ali
.... t, will lie at all under the section, and the plaintiff is left to his ordinary remedy,--that is to say, he may bring a suit when and not until his right has been disturbed. So also, upon a reasonable construction of the words of this section. I do not think the Court could be called upon to investi ...
Calcutta High Court
Carr and Others Vs Macfarlane and Others
.... aft or cheque at 80 days'' date from delivery." It is clearly, as I have said, a contract for the entire quantity of the seed, viz., 2,000 maunds. Now the law upon that is perfectly well understood. I will only refer to the way in which it is stated in Mr. Leake''s book out Contracts, page 33. I sel ...
Calcutta High Court
Maharani Hiranath Kohr Vs Baboo Ram Narayan Sing
.... ir Lordships say at page 540 of the report:--"Still when a raj is enjoyed and inherited by one sole member of a family, it would be to introduce into the law by judicial construction a fiction, involving also a contradiction, to call this separate ownership, though coming by inheritance, at once sol ...
Calcutta High Court
Madan Mohan Biswas and Another Vs William Stalkart and Others
.... estion; that, however applicable these decisions may be to cases under Act X of 1859, they are not applicable to oases under the latter Act, namely. Act VIII of 1869 (B.C.) This case has been brought to enhance the rent of the defendant; and although notice was issued under s. 18 of Act X, the suit ...
Calcutta High Court
Hari Mohan Bysak Vs Krishna Mohan Bysak and Another
.... liable, and that no notice of dishonor was served on them. The acceptor did not enter appearance. The hundi was in the usual form, and it did not appear on the face of it whether the drawers signed as servants or gomastas of the acceptor, but But there is also, we think, another po ...
Calcutta High Court
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