Binoda Sundari Chowdhurani Vs Kali Kristo Pal Chowdhury and Others
.... ent to say that the petitioner now before us was not a party to the application of August 14th. 6. Upon the merits the Advocate-General has relied on an unreported case, Issur Chowdhry v. Bibijan Khatun, decided by Macpherson and Banerjee, JJ. on the 5th January 1891. In that case the learned Jud ...
Calcutta High Court
Man Singh and Another Vs Ghure and Another
.... g proof to establish that a custom which regulated and provided for one set of circumstances still regulates and provides when those circumstances have been wholly altered. We were referred to several cases in support of the doctrine that a record of village custom prepared at the time of settlement ...
Allahabad High Court
Shams-Ud-Din and Others Vs Badi-Un-Nissa
.... t has been contended by Munshi Ram Prasad for the appellant that the decree of the District Judge became final as to villages 2 and 4, and that the three years'' limitation prescribed by article 179 of schedule ii of Act No. XV of 1877, began to run, so far as villages 2 and 4 are concerned, from th ...
Allahabad High Court
Haidar Shah Vs Jamna Das and Others
.... o have committed; and the reason probably is that, in this event, the Court is, as it were, itself the prosecutor. 5. We have the authority of the learned Chief Justice for saying that he concurs in the interpretation which we now put upon this section. 6. To return to the order from which thi ...
Allahabad High Court
Lalla Chunilal Vs Mohiji Singh and Others
.... by the parties and that there was substantial reason for taking that evidence he might either have taken it himself or directed the Lower Court to take it; but under either circumstances the final decision on the question would be his, and the decision would necessarily be in the appeal which was pe ...
Calcutta High Court
Gunwanti Koer Vs Devi Persad and Others
.... is expressly laid down in the Viramitrodaya, one of the latest authoritative expositions of the law of the Mitakshara School. After noticing the conflicting texts relating to the widow''s rights, the author of the Viramitrodaya says: "Hence the chaste wife of a sonless deceased person who was separa ...
Calcutta High Court
Chundra Nath Gossami Vs Gurroo Prosunno Ghose
.... hin the meaning of Article 179. The case cited by the lower Courts and referred to above seems to us to have no application to the present case. It merely decided that an application for the transfer of a case was not an application for execution within the meaning of Section 230. On the other hand ...
Calcutta High Court
Rattanji Vs Hari Har Dat Dube
.... r unfavorable to the decree-holder''s right to execute the decree or which in any way prevents the decree-holder from asking the Subordinate Judge now to take up again and dispose judicially of the application made on July the 19th 1890. Execution by sale of the attached houses has up to the present ...
Allahabad High Court
Padmanand Singh Bahadur and Others Vs Chandidat Jha
.... by the authorities quoted; and we may say that we entirely concur in it. 11. The Subordinate Judge does not appear to have kept in view the distinction which exists between the case of an injunction and that of a receiver. That distinction seems to be that, while in either case it must be shown t ...
Calcutta High Court
Abdur Rahman Vs Shankar Dat Dube
.... ps in the execution proceedings as he may be advised, and that no impediment can arise from the fact of there not being on the record any legal representative of the deceased judgment-debtor. The appeal is dismissed with cost. brkitt, J. 2. I concur in the judgment which has been pronounced an ...
Allahabad High Court
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