Hanuman Ahir Vs Mussumat Gobinda Koer
.... relations of the parties to these suits are made more clear. If, instead of exercising the powers of distraint under sec. 121, Gobinda Koer, the registered proprietor, had sued the present plaintiffs for their rents, they would have been unable to plead in defence that the rents were due to Kissen ...
Calcutta High Court
Amjad Ali and Others Vs Mushtaq Ahmad and Another
.... y were members of a joint undivided Hindu family to whom the ruling in Gandharp Singh v. Sahib Singh ILR All. 184 would apply. Unless they were such, in my opinion, the judgment in Bhurey Mal''s case could be supported only on the fact, which does not appear to have been present to the mind of the C ...
Allahabad High Court
Narayanasami Gramani Vs Periathambi Gramani
.... plaint. 3. We think that the District Judge was in error in saying that the plaintiff was not entitled to ask for the particular portion of the land mentioned in the plaint. In a case like the present the devisee has clearly the right to choose. It has been long settled that "if a man devises tw ...
Madras High Court
Atulya Churn Bose and others Vs Tulsi Das Sarkar minor, by his mother and guardian Sreemuty Khetro Monee Dassee and Hira Lal Sarkar and others
.... t is unnecessary to consider whether the decision of the Privy Council, that sec. 67 of the Tenancy Act applies only to cases where the rent is payable quarterly, had reference to the particular case before them, or is of general application. 2. It was further contended for the Appellants that th ...
Calcutta High Court
In Re: Henderson Vs
.... ttorney as to the execution of which a declaration was made before the Chief Magistrate of Glasgow. On the question whether that declaration is sufficient evidence of the execution of the power, I have been furnished with a very full note by the Registrar, Mr. Belchambers, I entirely approve of that ...
Calcutta High Court
Jagan Lal and Another Vs Imdad Ali
.... it arose, be decided u/s 244, and that a dispute subsequent to the execution of the decree, between those same parties, as to whether the decree had been executed for a greater amount than the decree-holder was entitled to under the decree, should not be decided u/s 244. To take an example, let us a ...
Allahabad High Court
Umrao Chand Vs Bindraban Chand and Another
.... poses a decree, as defined in that section, means--"the formal expression of an adjudication upon any right claimed, or defence setup, in a Civil Court, when such adjudication, so far as regards the Court expressing it, decides the suit or appeal." 3. There can be no doubt that the order of the D ...
Allahabad High Court
Eshoor Doss Vs Venkatasubba Rau
.... enquiry about defendant. 5. The defendant''s second and third witnesses are brokers, and the third negotiated some of the plaintiff''s sales, and it appears from their evidence that gambling in Government paper is very common in Madras; one witness says it has been going on for twelve years; the ...
Madras High Court
Vijayendra Tirthaswami Vs Sudhindra Tirthaswami and Others
.... ja Ram ILR (1885) A. 661 I think therefore the Subordinate judge was entitled to consider the questions raised before him by the Counter-petitioner. The case in K. Ranganayaka Animal v. Venkatachellapati Nayudu ILR (1881) M. 323 is not really in conflict with this view. I do not understand that case ...
Madras High Court
Vijendra Tirtha Swami Vs Sudhindra Tirtha Swami and Others
.... Ram ILR 7 All. 661. 2. I think, therefore, the Subordinate Judge was empowered to consider the questions raised before him by the counter-petitioner. The case of Koka Ranganayaka Ammal v. Koka Venkatachellapati Nayudu ILR 4 Mad. 323 is not really in conflict with this view. I do not understand t ...
Madras High Court
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