Rajkumar Ramgopal Narayan Sing Vs Ram Dutt Chowdhry and Another
.... the same opinion. The words in the bond sufficiently indicate the intention of the parties to pledge the property. The whole of the bond was not translated for the Judges who referred the case to the Full Bench; the latter part of the bond was not properly submitted for their consideration. The whol ...
Calcutta High Court
Sheo Narayan Sing Vs Harbans Lal
.... th, 1868, but it does not decide the present case, because it is clear from section 290 that, for some purposes, even as regards the execution, the Court which passed the decree is the Court which controls the proceedings. The Court to which a decree is transmitted for execution is empowered by sect ...
Calcutta High Court
Baboo Mohan Lal Bhaya Gyal and Another Vs Lachman Lal
.... itself, be considered any decision of title on the merits, so as to be adduced as evidence in this case; and when we consider that the whole of the substantial part of the decision of the lower Court has proceeded on the argument of the plea in bar, and that this remark as to the substitution of th ...
Calcutta High Court
Park Pittar and Another Vs Srinath Das
.... Judge will be affirmed with costs. Phear, J. 2. I quite concur. There can, I think, be no doubt in this case that the parties are traders, and that there have been mutual dealings between them as traders. However, during the consideration of the case, I felt that there was some difficulty in a ...
Calcutta High Court
Mussamat Mafizunnissa Bibi and Another Vs The Collector of Tippera
.... already made. I am of opinion that the present application must be rejected with costs. Having now heard the pleader for the petitioner upon the merits of this application, I am of opinion that this suit was a suit for damages within the meaning of section 6, Act XI of 1865. The lower Appellate Cou ...
Calcutta High Court
Birju Sahu and Others Vs Mahomed Abdur Rahim and Others
.... h Court Reports of 1867, that the suit can be maintained, but the pleaders have not been able to show us the case in the Reports See Goor Dass v. Manohur Dass 2 Agra H.C., Rep. 269. 9. In 3 M.H.C.R. 141 the Madras High Court held that there was no "right of privacy," but the question, for reaso ...
Calcutta High Court
S.M. Jagatsunderi Dasi Vs Sonatan Bysak
.... r award to the Court within three months. I was at first disposed to think that the objection was fatal. No doubt, as a general rule, the award must follow the terms of the order of reference, and, accordingly, where the order provided that the award should be made and published to both parties by a ...
Calcutta High Court
Nekram Jemadar Vs Iswariprasad Pachuri
.... ar, J. I agree with the Chief Justice, but I desire to guard myself from being supposed to throw doubt upon the correctness of the decision in Leroux v. Brown 12 C.R., 801, so far as that decision goes to lay down that the enactment of the 4th section of the Statute of Frauds is substantially a rule ...
Calcutta High Court
Edwards Vs Muller
.... ediately, it shall be competent to the Court, upon the application of either party, or of the witness at any time, after the institution of the suit, to take the examination of such witness forthwith or on any day that may be fixed for that purpose, of which due notice shall be given to the parties ...
Calcutta High Court
Niladhro Chowdhry Vs Karunakar Mahati
.... 4. Now it is a rule that the preamble of a Statute may be resorted to in restraint of the generality of the enacting clause, when it would be inconvenient if not restrained. The allowing the grantor of a potta at any time, no matter how long after it was granted, to avail himself of this Regulati ...
Calcutta High Court
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