Debi Dial Sahu Vs Moharaj Singh
.... urisdiction of the Court of Aurungabad, After much consideration, however, we have come to the conclusion that the Munsif of Aurungabad had no jurisdiction without an express order of the District be passed u/s 226. The intention of the Legislature as expressed in Section 226 seems to have been to g ...
Calcutta High Court
Janardhsn Ganguli and Others Vs Kali Kristo Thakur and Another
.... muston 311 of the CPC is applicable to a sale for arrears appent; and Section 311 enacts that the decree-holder, or any person whose imoveable property has been sold under this chapter (that is chapter XIX of the Code of Civil Procedure), may apply to the Court to set aside the sale on the ground o ...
Calcutta High Court
Banarsi Prasad Vs Mewa Kuar
.... ecovery of immovable property and to claim mesne profits in respect of that property in which the cause of action might not be the same, and it may have been to provide for such a case as that that Clause (a) of Section 44 was inserted in that section. Such a case does not present itself to our mind ...
Allahabad High Court
Mahalabuddin and Others Vs Queen-Empress
.... rrow for the petitioners, but we think that he failed to show anything on the face of these sections which imposes any such obligation on the Magistrate. The duty of the Magistrate, when the matter is reported to him, is to deliver over the property to the person entitled to the possession of it, if ...
Calcutta High Court
Kadri Begam Vs Sajjad Ahmad Khan
.... rity to take possession followed by subsequent possession was sufficient to validate the gift, and he has relied on the rulings of the Privy Council in Mahomed Buksh Khan v. Hosseini Bibi L.R. 15 I.A. 81 and Sheikh Muhammad Mumtaz Ahmad v. Zubaida Jan L.R. 16 IndAp 205 : ILR 11 All. 460. 6. In th ...
Allahabad High Court
Abdullah Vs Salaru and Others
.... of the assets. Had the Subordinate Judge been at the pains of studying the decree set to him by the District Judge and the form provided by law, he could not have failed to see that there still remained for him on the 22nd of April 1891, much to do before he could attempt to pass a final decree in ...
Allahabad High Court
Hira Lal Sircar and Others Vs Queen-Empress
.... whether these writings are bonds within the meaning of Section 3, Sub-section 4, Clause (b) of the Stamp Act, or acknowledgments of debts within the meaning of Schedule 1, Article 1 of the same Act. 4. We are very clearly of opinion that they are not bonds, but acknowledgments only, and are there ...
Calcutta High Court
Pudmanund Singh Bahadur and Others Vs Chundi Dutt Jha
.... n the cause in respect to the rights of the parties as raised in that suit. It was as it were auxiliary to the decision of the suit in order to prevent any waste on the part of the defendant which might affect the rights which were then under determination. At the highest, the order can only be rega ...
Calcutta High Court
Surat Lall Mondal and Others Vs Umar Haji and Others
.... by the limitation provided in Article 36 of the Second Schedule of the Limitation Act (XV of 1877); and in support of his view, he referred to the case of Pandah Gazi v. Jennuddi ILR Cal. 665. 32. On second appeal, it has been contended before us on behalf of the plaintiff that the case falls und ...
Calcutta High Court
Dunia Lal Seal Vs Gopi Nath Khetry and Others
.... of the soil; and we think it should be laid down as a general rule that if he who makes the improvement is not a mere trespasser, but is in possession under any bond fide title or claim of title, he is entitled either to remove the materials, restoring the land to the state in which it was before t ...
Calcutta High Court
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