Kuppusami Naidu Vs Smith and Company
.... o conducted themselves as to release each other from the contract and that one party might have so conducted himself as to leave it at the option of the other party to relieve himself from a further performance of the contract." Admittedly subsequent to the date of G the plaintiff was requested seve ...
Madras High Court
Kunhan Mayan and Others Vs The Bank of Madras
.... the bank had agreed to give up the general lien to which by law a bank is prima facie entitled, I must say that in my opinion the plaintiff has failed in his proof. There was, it may be observed, no proper issue on the question, and no attempt made to prove a special contract, except by the evidence ...
Madras High Court
Queen-Empress Vs Karamdi
.... Court;" and notwithstanding the words "or otherwise," in Section 438, we do not think that the Legislature ever intended to give to a Magistrate the power to question the propriety of a judgment or sentence by a superior criminal authority, as the Sessions Judge is, and to refer the proceeding to th ...
Calcutta High Court
Vallabha Valiya Rajah Vs Vedapuratti
.... the right of the defendant-mortgagee, and if he does not choose to exercise that right he cannot be compelled to do so. He may prefer to remain in possession, and may consider that he could not find a better investment for his capital if he were paid off. He may (it is true) be compelled to accept p ...
Madras High Court
Manavikraman Vs Avisilan Koya
.... t to certain special exceptions. Article 49 prescribes a limitation of three years for a suit for compensation for wrongfully taking or injuring or wrongfully detaining specific moveable property, and the time runs from the date of the wrong. If this article applies the suit will be barred since def ...
Madras High Court
Husaini Begam Vs The Collector of Muzaffarnagar
.... is very doubtful whether this section applies at all to this case. The devolution of interest here did not take place pending the appeal, it took place after the decree in the Court below and before the memorandum of appeal was presented to this Court. We are aware that under certain circumstances ...
Allahabad High Court
MathuUmamba Boyi Saiba and Others Vs Mathusri Deepamba Boyi Saiba and others
.... on and management of the whole property with a view to the interests of all parties": the portion of the decree which is objected to was in the opinion of their Lordships necessary for the security and preservation of the property. There is nothing in the decree to prevent the appellants, if they th ...
Privy Council
Queen-Empress Vs Agha Muhammad Yusuf
.... and without Ram Adhin''s consent, a cart and four bullocks belonging to Ram Adhin. He intended to hold them apparently until the debt was paid, as it was not proved or suggested that the accused intended permanently to deprive Ram Adhin of the property. This case is governed by the same principle as ...
Allahabad High Court
Ram Ghulam Singh and Others Vs Ram Behari Singh and Another
.... of the relief asked for by the plaintiffs, the right to which portion was not disputed, he dismissed the plaintiffs'' suit. From that decree the plaintiffs have brought this appeal. 2. The first question for consideration is--on whom is the onus of proof in this case? Undoubtedly the presumption ...
Allahabad High Court
Sudhama Upadhya and Others Vs Queen-Empress
.... jured were shown to him. He then followed the police and came up with them in the neighbourhood of the factory, where he found eleven men in the custody of the police with a bundle of lathis lying beside them. These were the eleven persons who wore afterwards convicted by the Assistant Magistrate u/ ...
Calcutta High Court
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