Hazari Mull Nahatta and Another Vs Sobagh Mull Duddha
.... e customer; Scott v. Surman Willes, 400 and Bolton v. Puller 1 b. & p., 539 establish. that as a general rule." And Holroyd, J., says:--"I am of opinion that the bills in question did not, under the circumstances of this case, become the property of the bankers, and that the defendants, therefor ...
Calcutta High Court
In Re: Mathuranath Chuckerbutty and Others Vs
.... e absence of a witness, or from any other reasonable cause, it shall become necessary or advisable to defer the examination of witnesses, it shall be lawful for the Magistrate to adjourn the enquiry. It appears to me, looking at the language of this section that; if there is not a proper cause, a ca ...
Calcutta High Court
Sivananantha Perumal Sethurayer Vs Ramalakshmi Ammal
.... ew of the custom, it was natural that the fact of the priority of the marriages should be made a question in the suit as well as the nature of the custom. 19. The attempt on both sides to prove a special custom having failed, it remains to consider what is the general Hindu law applicable to this ...
Privy Council
Biswanath Chunder Vs S.M. Khantamani Dasi and Another
.... hat the terms agreed upon are not unusual, and that they were, in the opinion of the witnesses, fair and reasonable; but I refused to receive such evidence. I do not doubt that such agreements are constantly made; but the fact that suit brokers, and those who traffic in litigation, think such agreem ...
Calcutta High Court
G. C. W. Forester and Others Vs The Secretary of State For India In Council
.... tions which they are produced to prove by the dates. It is contended on the part of the Respondents that the months of Shawul and Zilhij of the thirtieth year of Shah Allum, fall within the autumn of 1788, when he was a helpless prisoner in the hands of Gholam Khadir, the Rohilla, who put out his ey ...
Privy Council
Baboo Rameshar Prasad Narayan Singh @RESPONDENT Vs
.... are of opinion that the Sessions Judge is quite right, and we accordingly set aside the proceedings of the Magistrate as contrary to law 1 . 1 In in re (sic) pari, decided on 5th July, 1872 Kempand Glover, JJ. following the ruling in this case, held that mere1possession of arms was offence ...
Calcutta High Court
Baboo Bissessurnath and Others Vs Maharajah Mohessur Bux Singh Bahadoor and others
.... es this property from those who have been in possession of it for eighty years or more. 11. The other evidence which has been relied upon in support of the custom consists mainly of supposed admissions on the part of the Defendants in the course of various legal proceedings : but upon examination ...
Privy Council
Khaski Boy and Others Vs Farzand Alikhan and Others
.... t be in some way mis-reported, and that the learned Judges did not decide what they are reported to have done. Glover, J., says:--"When the notice was served, the zemindar was in possession and in receipt of rent. No farm had been given, and the farmer did not exist The wording of s. 13 is imperativ ...
Calcutta High Court
In re. J.D. Sutherland and Another Vs
.... he servant is in possession, it is the possession of the master. So, also, if an occupier is paying rent, that is, the possession of the landlord to whom he pays the rent. For some purposes, the occupier has a possession; he has a possession which would enable him to bring a suit against a person wh ...
Calcutta High Court
Macqueen and Another Vs Ramcoomar Koondoo and others
.... for value without notice; or whether it is to be decided upon the general rules of equity and good conscience, which bind the Courts in India, because the principle of decision must in either case be the same. It is a principle of natural equity, which must be universally applicable, that where one ...
Privy Council
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