Thumbasawmy Mudelly and Another Vs Mahomed Hossain Rowthen and others
.... eration. In the latter instance, a sum is borrowed not representing the value of the property, and it may be far within such value, the only care being that the property shall be of such value as will cover the loan by way of security. It is, therefore, strictly equitable that on the failure to pay ...
Privy Council
Chintamun Singh Vs Nowlukho Konwari
.... reated as separate property, and therefore governed by the law of the Mitakshara as to separate succession. 7. It is however found as a fact, and cannot be denied, that there has been to some extent a separation of this family; and the question, therefore, is, whether this particular property aft ...
Privy Council
Chowdhry Chintamun Singh Vs Mussamut Nowlukho Konwari
.... ject of partition, and the object of the transaction is declared at the foot of the deed, where it is said, "These few words in the way of a deed of partition of a 4-anna share of mouzah Purneswrpore have therefore been written that they may be of use when needed." There is nothing in the transactio ...
Privy Council
Queen Vs Gholam Ismail and Another
.... it may be inferred from the fact that, u/s 295 [q.v. supra., I All. 9.], it is part of the duty of a Court of Session to satisfy itself of the regularity of proceedings in the Courts below, and from the fact that, in a case reported for orders to the High Court u/s 297, a material error is to be not ...
Allahabad High Court
In the Goods of: Shamachurn Mullick deceased; In Re: Rajranee Dossee and Another @RESPONDENT Vs
.... hout British India, whereas before the Act, a similar grant would only have extended to goods in the particular province in which it was made. The object of the Act being thus plainly pointed out by the preamble, it appears to me that the Act did not empower a Judge of this Court to grant a limited ...
Calcutta High Court
Baijun Doobey and Others Vs Brij Bhookun Lall Awusti
.... s entitled, that which was liable to make good her default in non-payment of the maintenance. The sale took place under that notification, and it is clear, if that is important, that Brij Bhookun, the Plaintiff, understood that what was to be sold was the widow''s estate, not his own reversionary in ...
Privy Council
Brij Bhookun Lall Awusti Vs Baijun Doobey and others
.... er that notification, and it is clear, if that is important, that Brij Bhookun, the plaintiff, understood that what was to be sold was the widow''s estate, not his own reversionary interest as the heir of his uncle. He wanted to sell the widow''s estate, not his own interest. The real question is wh ...
Privy Council
C. Fornaro and Another Vs Ramnarain Sookder
.... e ought net to have sent up the case. 2. As I have already said, instead of doing that, the Judge of the Small Cause Court has sent the case to this Court. And we have also received from him a certificate that the plaintiffs, on the 16th of December, tendered Rs. 280 as a security for the costs o ...
Calcutta High Court
In Re: Gunput Narain Singh Vs
.... he person to whom the daughter had been betrothed. The Court also held that a betrothal was not, according to Hindu law, an actual and complete marriage. It was shown in that ease that there was no precedent for the contention that specific performance had ever been decreed in cases like the present ...
Calcutta High Court
Nobin Chunder Dey Vs The Secretary of State for India
.... m or company might have carried on a similar business. It was tried by MACPHERSON, J., sitting at that time as the First Judge of the Small Cause Court, and the question of the defendant''s liability was referred by him to the Supreme Court as a point of law. The case was heard by Sir BARNES PEACOCK ...
Calcutta High Court
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