Baboo Roy Dhunpat Sing Bahadur Vs Amritnath Jha
.... re likely to be sold, or if four successive instalments remained unpaid, the plaintiff would be entitled to sue without waiting for the expiration of the remaining dates fixed for the instalments; and that accordingly, as there had been default in the payment of four successive instalments, the prop ...
Calcutta High Court
The Queen Vs Ameer Khan and Others
.... r a miscarriage of justice. From the decision of the Patna Court, if it tries this case, there is an appeal to the High Court on both facts and law. In my opinion, therefore, the mere possibility or probability that difficult questions whether of law or of fact will arise, is no reason for transferr ...
Calcutta High Court
Dinanath Mandal and Others Vs Ramtarak Karati
.... ave been made If then it be a fact that the road is a public road, the objection raised by the special appellant is a good one, and must be allowed. 2. In the case of Baroda Prasad Mostafi Vs. Gora Chand Mostafi and Others , it has been distinctly laid down that no one has the right to sue for ...
Calcutta High Court
Damudar Jana Vs Srimati Pabitra Dasi and Another
.... against him. The plaintiff objected to the condition for repayment of the purchase-money. Both parties treated the petition as a testamentary instrument, as it was their interest to do; for otherwise neither could have any title against the heir of Roy Harnarayan if there was one. Notwithstanding t ...
Calcutta High Court
Magju Pandaen Vs Ramdyal Tewari and Others
.... in the exercise of the liberty allowed to him, pays a sum as fees to an individual, so as to show that they were intended for the individual, no claim can be preferred by others, though they may be joint heirs in the family Purohitship, to the property so received, but that if the fees be paid to a ...
Calcutta High Court
Ahmed Yousaffji Vs Akhut Ramana and Ramkarinji
.... January 1870, and the cancellation of the bond which then took place? 8. It appears that this order was made on the application of the respondent, and without notice to the appellants. Had such notice been given there can be no doubt but that the appellants would have pointed out that a petition ...
Calcutta High Court
Lala Iswari Prasad and Others Vs Bir Bhanjan Tewari and Others <BR> Tarak Chandra Chatterjee and Others
.... ance with it under the provisions of section 327 of Act VIII of 1859, is such judgment open to appeal? 21. Section 327 provides, "if no sufficient cause be shown against the award, the award shall be filed and enforced as an award made under the provisions of this Chapter." The provision for pass ...
Calcutta High Court
Badarannissa Bibi Vs Mafiattala
.... to his wife, ''Divorce yourself when you please,'' she is at liberty to divorce herself either upon the spot or at any future period, because the word when extends to all times; and hence it is the some as if he were to say, ''Divorce yourself at whatever time you like.''" If this is the correct la ...
Calcutta High Court
Krishna Mohan Shaha and Others Vs Munshi Aftabuddin Mahomed and Others
.... he violation of the law." 18. I have already shown that there was no violation of law in this case, and if the custom of the Collectorate was, as it is represented by the plaintiffs, there seems to be no reason whatever why they should not get the full benefit of the payment. Whether we look upon ...
Calcutta High Court
Maniruddin and Another Vs Gaur Chandra Shamadar
.... ffence for which it is to be inflicted. The limitation, u/s 46, of the Magistrate''s power would not apply to a sentence of whipping. But if section 46 does apply, as I think it does, the punishment in the present case is clearly warranted by it. The Magistrate of a district has power to inflict two ...
Calcutta High Court
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