Thakur Das Vs Futteh Mull
.... dorsement or an acceptance as upon any other part of the document; and when a Hindu maker or rightful owner of a hundi payable in terms to the shajoog, endorses it as sold or sent to A., he obviously means to pass the right of dealing with the hundi to A. alone. It may well be that, according to Hin ...
Calcutta High Court
Musst. Drabamayi Guptia Vs Taracharan Sen
.... Act is otherwise provided, suits of every description brought for any cause of action arising under this Act, and all proceedings therein, shall be regulated by the CPC passed by the Governor-General in Council, being Act No. VIII of 1859," &c. 5. In the Act of the Bengal Council, there is no ...
Calcutta High Court
Aga Mahomed Ali Shiraji Vs S.E. Judah
.... the property of the judgment-debtor. When he has obtained the order for sale, he has substantially established a charge on that property to the extent of his judgment-debt; and although the Court might, no doubt, in some circumstances, see sufficient reason to recall an order for sale, I think that ...
Calcutta High Court
Mahipat Sing Vs Mussamat Suraj Bansi Kunwar
.... be deemed no legal act, as the property was not Ritburn''s at all; but Sheoburn''s only. Now a Full Bench in the case of Nabin Chandra Chuckerbutty v. Iswar Chandra Chuckerbutty Case No. 460 of 1867; April 29th, 1868, and the late Chief Justice in the case of Mussamut Pranputtee Koer v. Lalla Futte ...
Calcutta High Court
Latif Hossein and Another Vs Mussamat Jamilan and Another
.... r or purchaser who lives in another city at a distance, without taking care to give prompt notice to one that is nearest, he loses his right. 3. There is also a passage cited by Mr. Twidale from the Nihaya, a commentary on the Hedaya, which is thus spoken of by Mr. Morley in his Digest of Indian ...
Calcutta High Court
Boro Khasia Vs Jata Sirdar and Another
.... Norman, Offg. C.J. 1. We have no doubt whatever that the judgment of Mr. Justice E. Jackson is perfectly correct, and it must be affirmed with costs. ...
Calcutta High Court
Pratap Narayan Mookerjee Vs Madhu Sudan Mookerjee and Others
.... tion that upon and by reason of the resumption and settlement of a lakhiraj estate all under-tenures are extinguished, must proceed on the ground that a new estate is created under a settlement consequent on a resumption; for if a new estate be not created, we are not aware of any principle of law w ...
Calcutta High Court
Durg Bijai Sing Vs Bhagabat Prasad Sing and Others
.... We must therefore assume the facts as found by the Judge, and apply the law to them. 7. It seems to me quite clear that the plaintiff''s original holding being assumed, and the land being found to be an accretion to that holding, the plaintiff is entitled to such accretion by the distinct and po ...
Calcutta High Court
Biswanath Chunder Vs Khantamani Dasi and Another
.... ly just got possession of the property, and that the opportunity for committing the anticipated waste has only just occurred. It seems to me that the plaintiff may, under these circumstances, well enough say that the fact of Khantamani having lately obtained the property is a fact which gives rise t ...
Calcutta High Court
Ram Charan Bysak and Another Vs Lakhi Kant Bannik and Others
.... r operation, which that decree, if passed by the Court of original jurisdiction, would not have possessed. An Appellate Court is nothing more than a Court of Error, and its decrees ought, therefore, to be subject to the same rules and limitations as the decrees whose errors they profess to correct. ...
Calcutta High Court
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