Mukta Sing Vs The Queen
.... in that case even if all the Judges had been examined as witnesses in succession, there would still have been the Jury who would have decided on their evidence as judges of fact. 6. Referring to the case of Colonel Hacker, Serjeant Hawkins, in Pleas of the Crown, Book I, Chapter 46, section 17, ...
Calcutta High Court
Syed Jafer Hossein and Another Vs Sheikh Mahomed Amir and Others
.... the Judge of the appellate Court himself, or by an officer of that Court, which last mentioned individual must necessarily be an officer entrusted with ministerial duties only. The words of the section are as follows: When a memorandum of appeal is presented in the prescribed form and within the ...
Calcutta High Court
Baboo Pukhnarayan Sing and Others Vs Baboo Tundan Sing
.... t within the terms of that section. The section is a penal one, and should, we think, be construed strictly. The words are:--"Any suit brought to oust the certified purchaser as aforesaid, on the ground that the purchase was made on behalf of another person, not the certified purchaser, though by ag ...
Calcutta High Court
Nand Lal Sen Vs Srimati Sarasibala Debi and Another
.... or an equitable right of redemption by this Regulation." This makes it evident that the year of grace, commencing as it does with the notification which follows on the mortgagee''s application for foreclosure, is intended by the Legislature to be additional to the period which is stipulated for rede ...
Calcutta High Court
Braja Nath Kundu Chowdhry and Others Vs Gaur Narayan Mazumdar and Another
.... sons who were to become creditors of Annada Prasad as subsequent incumbrancers. The reason for the reduction recited in the lease is that the assets had become diminished. The lease was only impeachable so far as it might tend to affect the interests of Nabakrishna as prior incumbrancer. As between ...
Calcutta High Court
Rani Risannissa Begum Vs Mussamat Rani Khijarannissa
.... im after divorce, or from his estate after death, if the action be brought within the period of limitation prescribed by law; and as it has been held by the Privy Council that such claim, though due, need not be sued for immediately, or during the life-time of the husband, "and as the divorce has no ...
Calcutta High Court
Ram Golam Sahi and Others Vs Har Gopal Das and Another
.... mauzas, but they appear to have done nothing in respect to it; nor did they take any part, as far as I can discover, in the matter, either to assist or impede the partition. 32. The proceedings for a partition appear to have been based on all of these applications; and on the 19th August 1867, th ...
Calcutta High Court
The Queen Vs Chandra Sekhar Roy
.... pears to me, now, that the provisions of section 171 recognize the general principle that no one should be a judge in a case in which he is himself interested. The only exceptions to that rule which are allowed, are to be found in section 163, where, from the necessity of the case, a Court, civil, c ...
Calcutta High Court
Chattar Dhari Sing Vs Mussamat Jai Bansi Kunwar
.... the maintenance of the worship of thakur (idol), and thakurbari (its temple). One of the conditions in that deed is, that each successive matwali shall have the power of appointing each his successor, but it makes no provision, in case there should be failure in such nomination. It so happens in thi ...
Calcutta High Court
Mahes Chandra Chattapadhya Vs Guruprasad Roy
.... erty, but are clearly classed as moveable. It is very unlikely that the Legislature, in passing about the same time two such Acts as Act VIII and Act X of 1859, should have used the same expression "moveable property," including under it debts and such matters in the one Act, and excluding them in t ...
Calcutta High Court
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