Unni and Others Vs Nagammal and Others
.... ere are no words in that instrument which expressly make the old debt of Rs. 100 a charge on the property. The mortgagor undertakes to pay it together with the Rs. 64 when he takes back the land and also agrees to the mortgagee''s continuing in the enjoyment of the land till he pays off both the deb ...
Madras High Court
Muthu K.A.M. Rarnanadhan Chettiar Vs Alkonda Pillai by his next friend and mother Minatchy Sundarathammal
.... ion is taken in the first place to the decree for redemption, as being "a relief which was not prayed for," and, secondly, to plaintiff being allowed to redeem a portion only of the mortgaged property. 7. The first of these objections must be held to be valid : Cf. Venkatanarasammah v. Bamiah I. ...
Madras High Court
Ramanadhan Chetti Vs Alkonda Pillai
.... nt, in which objection is taken in the first place to the decree for redemption as being "a relief which was not prayed for;" and, secondly, to plaintiff being allowed to redeem a portion only of the mortgaged property. 8. The first of these objections must be held to be valid. Cf. Venkatanarasam ...
Madras High Court
Sheo Progash Tewari Vs Bhoop Narain Prosad Pathak and Another
.... discharged. 2. The point whether the escape of a prisoner from arrest is or is not an obstruction of a public servant within the meaning of Section 186 of the Penal Code does not arise in this case, as it was proved that the petitioner being present abetted four other persons in obstructing a pub ...
Calcutta High Court
Rang Lal Singh Vs Ram Din and Others
.... The Lower Appellate Court disagreed with the first Court, and held that though the sale of June 1887, was an absolute out-and-out sale, the agreement of the 6th of July 1888, had the effect of turning that absolute sale into a mortgage by conditional sale. He further held that "the effect of the ap ...
Allahabad High Court
Sham Lal Pal and Others Vs Modhu Sudan Sircar and Others
.... u/s 234 is a necessary preliminary to a notice u/s 248, or an order u/s 249. We find in the Code no warrant for this contention. The power of the Court executing a decree to order execution u/s 249 against the legal representative of a deceased judgment-debtor, after the issue of notice u/s 248, is ...
Calcutta High Court
Queen-Empress Vs Ajudhia Prasad
.... there is nothing to show whether it was the earlier statements which were false or the evidence given on the trial which was false. In our opinion he could not have been convicted u/s 193 of the Indian Penal Code in respect of the statement made to the Police, nor in respect of that made in the repo ...
Allahabad High Court
Ramanuja Ayyangar and Others Vs Narayana Ayyangar and Others
.... ative transaction though not champertous. It has been held by the Bombay High Court in Gopal Ramchandra v. Gangaram Anandishet ILR 14 Bom. 72 that a similar transaction was not bad on the ground of being against public policy. Following that decision, we set aside the decree of the Court below and r ...
Madras High Court
Madan Mohan Vs Kallian Mal
.... of these the predecessor in interest of the respondent distinctly sets out that neither she, styling herself hissadar (or sharer), nor any of the other sharers had any concern with the plot in which the subject-matter of this suit is situate. It was also pointed out to us that both in Section 62 of ...
Allahabad High Court
R. Wall and Another Vs J.E. Howard and Others
.... ess it was held by the House of Lords in Lane v. Esdaile (1891) ACJ 210 that no appeal lay from an order of the Court of Appeal refusing to grant special leave to appeal to it from a judgment of the High Court after the time limited for appealing had expired. By Rule 15 of Order LVIII the Court of A ...
Allahabad High Court
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