Bissessur Lall Sahoo and Another Vs Ramtuhul Singh and Others
.... t the interest in the surplus, but the consequence of the judgment-debtor succeeding in setting aside the Government sale was to obliterate the surplus and prevent the plaintiffs from getting any part from it. I think the proper course would have been to have made the present plaintiffs parties to t ...
Calcutta High Court
The Bank of Hindustan, China and Japan Vs Nundololl Sen and Others
.... f the debt, the foreclosures should be set aside, and doubtless the plaintiffs will be well pleased to be paid off on such terms. 6. There is no question that now the position of the parties is thoroughly complicated and exceptionable. It is impossible to value properties which have been foreclos ...
Calcutta High Court
Chunder Coomar Mundul and Another Vs Nunnee Khanum and Others
.... n he was ejected, must be considered a finding upon a collateral matter. 3. In my opinion, therefore, the question referred ought to be answered in the negative. Jackson, J. 4. I desire only to say that I do not dissent from the conclusion arrived at in the judgment which has just been deli ...
Calcutta High Court
In Re: Hadjee Abdoolla and Another Vs
.... without any sort of limitation. And, indeed, as far as I understand the present case, the review which has been admitted is of the nature of an appeal from the judgment of Mr. Taylor. No doubt, every Court has be far the power to review its own decision as may be necessary for the purpose of making ...
Calcutta High Court
Moneeram Kolita Vs Kery Kolitany
.... : and one cannot help regretting that further efforts have not been made in this direction at Bombay and other places. 52. It is useful and instructive to observe in many particulars the divergence of custom from the written law,--see upon this very question, pp. 35 and 176,--and some such instan ...
Calcutta High Court
W.D. Cruikshank Vs Azim Nulla Moodeen
.... appears to me to be extremely doubtful, and to require some investigation, it was beyond the power of the Recorder to substitute for the decree of the High Court a new decree altogether, and to require the appellant to execute a conveyance in favor of the opposite party. I think this order of the Re ...
Calcutta High Court
The Nawab Nazim of Bengal Vs Heeralall Seal
.... ved. This fund is attached in the hands of Heeralall Seal by an order directing him to pay it to no one except under a further order of Court. He cannot pay it to Roy Lutchmeeput Singh more than to any one else, and Roy Lutchmeeput Singh has no means of reaching the fund save by obtaining a further ...
Calcutta High Court
Meechoo Chunder Sarcar and Others Vs J.H. Ravenshaw
.... for it. Then, in regard to the part of the claim which is for the recovery of the land, although it is put in that shape, it is in reality an action against the Magistrate on account of the plaintiffs having been dispossessed of what they say is their land in carrying out this order. If there is an ...
Calcutta High Court
Queen Vs Sabed Ali and Others
.... rosecuted. It follows that, in every trial of prisoners on a charge framed under the provisions of s. 149 of the Penal Code, even when it is proved that the specified offence was committed by on� of the members of the assembly during so to speak the pendency of that assembly, it yet remains on issue ...
Calcutta High Court
Kally Prosonno Bose Vs Dinonath Mullick
.... rt whose duty it is to execute it, may be executed within the jurisdiction of any other Court in the manner following. The plaintiff (s. 285) may apply to the Court whose duty it is to execute the decree, to transmit a copy of it with a certificate that satisfaction of it has not been obtained by ex ...
Calcutta High Court
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