Gobind Proshad Tewary and Others Vs Baroda Churn Ghose
.... in the case before them. Now, in the Calcutta case, the appeal was not an appeal direct against the order; the order was contested in final appeal upon grounds other than those set forth in Section 629; the proceedings after review were set aside by the District Judge on those grounds; and the case ...
Calcutta High Court
Thakur Dharam Singh Vs Muhammad Husen Ali Khan
.... where the mortgaged property is sold in satisfaction of a decree obtained on the mortgage, and the mortgagee purchases the property with the leave of the Court, he stands on the same footing as any other purchaser, and acquires in the property the rights both of the mortgagor and the mortgagee. Such ...
Allahabad High Court
Baroda Kanta Chattapadhya Vs Jatindra Narain Roy and Another
.... refore of opinion that a widow''s interest only passed and not the whole inheritance of Nobin Krishna. The property of Manikmoni was sold in execution of a decree in a suit between a creditor and a debtor. 4. On appeal the District Judge reversed the Munsif''s decision. He observes: It seems ...
Calcutta High Court
Jagan Nath Vs Makund Prasad and Baldeo Prasad
.... de to satisfy us that substantial injury to the judgment-debtor had been made out. There is a strong probability that the property was sold considerably below its ordinary market value, but there is not one word in the evidence which connects the low price, if it was a low price, realised with what ...
Allahabad High Court
Romanath Bural Vs Guggodonandan Sen and Others
.... ss of cases, those namely in which the provisions of Section 80 have come into play, and cannot, as it appears to me, have been intended, when made by a Court to which a summons has been transmitted for service to preclude inquiry on the part of the Court issuing the summons as to the sufficiency of ...
Calcutta High Court
Narasimha Naidu Vs Ramasami and Others
.... ning in Parekh Ranchor v. Bai Vakhat ILR 11 Bom. 119 is more correct. A stranger whose property is sold behind his back without any authority does not need to have the sale set aside. 2. There is, however, nothing to show that the sale was ever confirmed and therefore the point does not arise. ...
Madras High Court
Bunyad Ali Vs East India Railway Company
.... hat ordinary rate, to pay a lower charge, and in consideration of such lower charge agreed and undertook to hold the East Indian Railway Company harmless and free from all responsibility for any loss, destruction or deterioration of the said consignment from any cause whatever before, during or afte ...
Allahabad High Court
Ram Charan Vs Kalian Singh
.... e, I still see no reason to interfere with the order under appeal. That order is not an order directing execution to issue, but is an order overruling the objections made by the judgment-debtor. If the Court had gone on to direct that execution should issue, notwithstanding the non-production of the ...
Allahabad High Court
Matangini Dassee Vs Chooneymoney Dassee and Others
.... the purpose of securing the payment of the future maintenance a deed should be executed in favour of the plaintiff charging the house, on her executing a release of all her rights and interest in the general estate. This was done, and the present suit is brought on the deed for the enforcement of t ...
Calcutta High Court
Badri Prasad and Another Vs Daryai Bibi and Another
.... trict Judge of Allahabad, granting a review of a judgment of his own. It is not pretended that this case falls within the provisions (a) and (b) of Section 626, nor was the order in contravention of the provisions of Section 624, nor was the application for review barred by limitation. That being so ...
Allahabad High Court
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