Manohar Singh Vs Sumirta Kuar
.... e Registrar in the usual manner under the Indian Registration Act, Section 59 the burden of proof bad then and there shifted on to the shoulders of the respondent. Precisely the same question was considered in Brajeshware Peshakar v. Budhanuddi ILR 6 Cal. 268. We fully concur in the law laid down by ...
Allahabad High Court
Tejendro Narain Singh Vs Bakai Singh and Others
.... t a case heard by my learned colleagues has been referred to by RAMPINI, J., in which judgment has not yet been delivered. I am not aware of the facts of that case, so that I am unable to consider it in connection with this case. Ghose, J. 19. I agree. I desire to add, with reference to the ca ...
Calcutta High Court
Dharam Chand Lal Vs Queen-Empress
.... 94 prescribes that all notices and orders required by this Code to be given to or served on any person shall be...served in the manner hereinbefore provided for the service of summons. 16. Section 166 provides that every summons to a person to give evidence or produce a document shall be served a ...
Calcutta High Court
M.V. Venkatacharlu Vs W.S. Venkataramanjulu Naidu and Others
.... ncipal amount of this bond and the interest due thereon, without waiting for the limit of three years mentioned above." It is admitted that no instalments have ever been paid--the bond therefore became exigible on 6th December 1874, and the acknowledgment in Ex. H was not made in time. We do not thi ...
Madras High Court
Anunda Lal Chowdhuri and Another Vs Jugul Kishori Chowdhurani and Another
.... for a long term. But the infant is not absolutely bound by the act of the guardian; he could, on attaining majority, recover the property, if it had been disposed of without legal necessity : and in the case of an uncertificated guardian, the burden of proving legal necessity would, generally speak ...
Calcutta High Court
Ambalavana Pandaram Vs Vaguran alias Muthian and Others
.... hority, see Act XVIII of 1875, Section 3. Were it otherwise, we should have felt it our duty to have referred the question for decision by the Full Bench as we are very clearly of opinion that the decision referred to is erroneous. In our opinion a contract "which has in fact been-registered is no l ...
Madras High Court
Bhikhari Das and Another Vs Dalip Singh and Others
.... r Sahai v Dewan Bolakiram ILR 11 Cal. 258 Indukuri Roma Raju v. Yerramilli Subbarayudu ILR 5 Mad. 387 and Banwari Das v. Muhammad Mashiat ILR 9 All. 690. 2. The Subordinate Judge misunderstood the covenant as to interest. It was a covenant to pay interest at the rate of Rs. 1-12-0 per cent, per m ...
Allahabad High Court
Gyanund Asram Vs Bepin Mohun Sen
.... of the evidence which had been already given it was important for the opposite side to know the exact grounds on which the application was granted. 6. We must hold, therefore, that the order being in contravention of Section 626, cannot stand. 7. A preliminary objection was taken by the respo ...
Calcutta High Court
Kumbalinga Pillai Vs Ariyaputra Padiachy
.... the purchase. The plaintiff remained in possession through his tenants. Being usufructuary mortgagee the 1st defendant could not have disturbed him without redeeming the mortgage even if he (1st defendant) had purchased the equity of redemption oh his account. But it is found that he agreed to exec ...
Madras High Court
Kumbalinga Pillai Vs Ariaputra Padiachi
.... the purchase. The plaintiff remained in possession through his tenants. The mortgage being usufructuary, the first defendant could not have disturbed him without redeeming the mortgage even if he (first defendant), had purchased the equity of redemption on his account. But it is found that he agreed ...
Madras High Court
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