In Re: John Bodry Vs
.... JUDGMENT Norman, J.@mdashThe vesting order must be deemed to have been made, at the time when it is given by the Court, and not from the time when it is possibly drawn up. The distress, having been made after the time when the vesting order was thus made, was invalid. The application is refused w ...
Calcutta High Court
Thakur Jibnath Sing Vs The Court of Wards and Another
.... son and Mr. Justice Mitter, that gentiles must be exhausted before the cognates can succeed. There are several decisions in the North-Western Provinces upon the law according to the Benares school. In Duroo Sing v. Rai Sing S.D.A., N.W.P., 1864, 521, it was held that though the great-grandsons of th ...
Calcutta High Court
Wise Vs Garib Hossein Chowdhry and Others
.... w, and which requires us to go into the whole evidence once again. For these reasons I do not think that we ought now to allow the parties to raise the question which the learned counsel would now raise. 3. In the matter of multifariousness, that is a question which was fully argued at the first ...
Calcutta High Court
Jogeswar Chakrabatti Vs Panch Kauri Chakrabatti
.... L.S. Jackson, J.@mdashIt appears to us that, in the circumstances of this case, an action to recover back the money paid to the defendant will lie. ...
Calcutta High Court
Kamikhaprasad Roy and Others Vs Srimati Jagadamba Dasi and Others
.... urchased with notice of the award. Roy Chandra states he informed him of the existence of the award, and that Jagadamba was selling to pay the costs of the suit. The plaintiffs therefore must stand or fall by the fact as to whether or not she was empowered by the award to sell this property. She was ...
Calcutta High Court
Joseph Ezekiel Judah and Another Vs Aaron Hye Nusseem Ezekiel Judah and Others
.... Notwithstanding these wide assumptions however in favor of the bequest, I still think that part of it which appropriates the residue to giving alms for the testator''s spiritual benefit ought not to be considered valid. This is not a purely charitable bequest. The ultimate object of the bequest is t ...
Calcutta High Court
Mia Khan and Manu Khan Vs Bibi Bibijan and Bibi Amnujan
.... t my own judgment upon the question which has been proposed to us. It is consequently, with considerable satisfaction, that I find myself able to determine the matter of the reference which is before us, without making that question the turning point of my decision. The case is submitted to us by th ...
Calcutta High Court
Koegler Vs Yule and Another
.... efendants, not stopping at the natural use of their close, had desired to use it for any purpose which I may term a non-natural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it, for the purpose of introducing water either above or below gro ...
Calcutta High Court
Srinibas Misser and Others Vs Dubo Misser
.... as to perform services for the idol, that is to say, to perform the worship of the idol, and to prepare food for it; and such a right cannot be sold at a public sale in execution of a decree. The special appellant has failed to give us any authority in support of his contention, and we do not theref ...
Calcutta High Court
Maharaja Dhiraj Mahatab Chand Bahadur Vs Makund Ballabh Bose and Others
.... assessed does not issue only out of the lend, but also out of the buildings; and, in fact, in the case of a baxar like this, it must issue principally out of the buildings. 4. One case which was quoted by the respondents'' vakeel before us, in order to fortify his argument, is directly against hi ...
Calcutta High Court
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