Edward Clarke Vs The Chairman, Ootacamund Municipal Council
.... taken to agree with the District Judge in his construction of the words "lands unappropriated to any building." 17. This appeal must be allowed and the decree of the District Judge set aside and that of the Subordinate Judge restored and the respondent must pay the appellant his costs in this and ...
Madras High Court
Narasamma Vs Subbarayadu and Others
.... endant. First and second defendants, on seeing their vendor''s title-deed, if they had exercised ordinary care and caution, must have seen the flaw in her title, whereas no amount of search in the book No. I in the Registration office would enable the plaintiff to discover that the property sold to ...
Madras High Court
Haramoni Dassi and Others Vs Hari Churn Chowdhry
.... tual determination of the Court as to which of the two is entitled to recover. 9. We feel no doubt, that the cases here suggested are among those to which the words in the alternative are intended to apply; but what we feel some difficulty in understanding is as to how the principal and the agent ...
Calcutta High Court
Subbaramayyar Vs Nigamadullah Saheb and Others
.... ath in November 1888. The second and third defendants deny this alleged restoration, and contend that they have been in uninterrupted possession not only from 1871 up to 1885, but also subsequently to the present time. The story of surrender by the second and third defendants to Nidashah in 1885 was ...
Madras High Court
Nownit Lal Vs Radha Kristo Bhuttacharjee and Others
.... o the second point, it is alleged that inasmuch as there was an attachment by an order of the Civil Court on the 2nd August 1890, the property could not be brought to sale without due observance of the formalities prescribed by Section 5 of the Act. Section 5 in our opinion does not apply to this ca ...
Calcutta High Court
Sivaraman Chetti Vs Iburam Saheb
.... d within the territory.... No territorial legislation can give jurisdiction which any foreign Court ought to recognize against foreigners, who owe no allegiance or obedience to the power which so legislates." Consequently, "in a personal action...a decree pronounced in absentem by a foreign Court, t ...
Madras High Court
Naraini Kuar Vs Makhan Lal and Others
.... been paid if he had not been permitted to BUO as a pauper, and the presumption is that on payment of those court fees the dispauperised plaintiff could continue his suit as of the date on which it was first instituted. It is obvious from Section 413 that when an order of refusal u/s 409 is made, the ...
Allahabad High Court
Queen-Empress Vs Pirbhu and Others
.... by one or more witnesses whose truthfulness and accuracy we have no reason to doubt. There is one witness for the prosecution who was called in the Court of Session, on whose evidence we do not rely, and that is Dalla who identified all the accused at the Sessions trial. All these men, except Pirbhu ...
Allahabad High Court
Venkatesa Tawker and Others Vs Ramasami Chettiar and Another
.... oes not apply, as the injunction asked for is "against the defendant personally" and in support of this contention we are referred to Dhuronidhur Sen v. The Agra Bank ILR 5 Cal. 86. That case is, no doubt, authority for distinguishing between a suit to set aside an order and a suit to restrain defen ...
Madras High Court
Tholappala Charlu Vs Venkata Charlu and Others
.... bserved that the plaint does not ask for any injunction to restrain defendants from assuming plaintiff''s hereditary titles, or for damages caused by personation or assumption of such titles. lb is'' a suit to establish a claim to an hereditary office, and the plaintiff alleges that the person entit ...
Madras High Court
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