Raghoonath Sahoo Vs Chintamony Dassi
.... ct or irregularity which the Subordinate Judge found in the Munsif''s order was that it was made after time, that is to say, after the thirty days provided by Article 164 of the Limitation Act had elapsed. But then the question is whether the Munsif, in making the order that the case should be heard ...
Calcutta High Court
Chundra Nath Dey and Another Vs Burroda Shoondury Ghose
.... roperty included in the mortgage, it could not, by reason of the provisions of Section 99 of the Transfer of Property Act, be brought to sale under the attachment without further proceedings u/s 67 of the Act. 5. The learned District Judge has formed a different opinion. He thinks that, although ...
Calcutta High Court
Jagernath Sahai and Another Vs Dip Rani Koer and Others
.... We may also observe that in the case of Gopi Mohan Roy v. Doybaki Nunditn Sen ILR Cal. 13, and in the case of Tincouri Debia v. Shib Chunder Pal ILR Cal. 689 it was pointed out that in a suit to enforce a mortgage under the Transfer of Property Act it would be impossible to carry out the object of t ...
Calcutta High Court
Mahabir Prasad and others Vs Nathin Thakur and another
.... after the period of limitation prescribed therefore; it is said that it contravenes the provisions of sec. 626. 7. Sec. 626 provides that "if the Court be of opinion that the application for the review should be granted, it shall grant the same, and the Judge shall record with his own hand his r ...
Calcutta High Court
In Re: Joshy Assam Vs
.... control and custody of their children were to be exercised, not in the interest and for the benefit of the parents, but in the interest and for the benefit of the children : that is the principle which the ''Chancery Courts have followed in cases where they have been asked to exercise their powers o ...
Calcutta High Court
Khadim Husain and Others Vs Narindra Bhadur Pal
.... f the mortgage-deed is not open to doubt. If the construction of the mortgage-deed were open to doubt, we, sitting here to administer the law, would be bound in justice, equity and good conscience to construe the mortgage-deed in favor of the mortgagor and against the mortgagees on any doubtful poin ...
Allahabad High Court
Har Sarup Vs Balgobind and Another
.... decree-holder took no objection to it. The appeal of the judgment-debtor was dismissed by this Court on the 9th of December 1891, and on the 23rd of February following the decree-holder presented the application which we are now concerned with. Had this application been one asking the Court to proce ...
Allahabad High Court
Pudmo Lochun Mondol and Another Vs Aubhoya Dassi
.... ure to the petitioner. On 21st July 1893, application was made by the decree-holder to execute the decree, and on 27th November the tenure was put up to sale and purchased by the decree-holder himself. 4. The tenure itself having been put up to sale in execution of a decree for arrears of the ren ...
Calcutta High Court
Alimuddin Khan Vs Hira Lall Sen and Others
.... e to be registered before the suit has been brought. 35. What the section says is that: "No person shall be bound to pay, etc., unless the name of the claimant has been registered." 36. To main object of the Land Registration Act, as of the repealed Regulations upon which it is based, were two ...
Calcutta High Court
The Himalaya Bank Ld., in Liquidation Vs D. Connell
.... s pledged as security to another bank. It was keeping on its balance sheets as assets debts which were, some of them, barred by limitation and others beyond all hope of recovery. As to these debts any auditor who understood and did his duty could have ascertained their nature from a cursory examinat ...
Allahabad High Court
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