The Legal Remembrancer on behalf of the Local Government Vs Shama Charan Ghose
.... ld that the cart was in this case habitually used within the limits of the Municipality. 5. We do not consider either of these contentions to be correct. If the first contention be accepted it would lead to most anomalous results. For not only use twice a week, but any periodical use, such as onc ...
Calcutta High Court
Mahomed Majid and Others Vs Mahomed Ashan and Others
.... ss prevented the operation of the law of limitation as against her right of action. Their Lordships of the Privy Council held that the cause of action for arrears of rent accrued when the putnidars obtained possession of the putni after reversal of the sale, because that possession was coupled with ...
Calcutta High Court
Dina Nath Patak Vs Ram Lal Patak
.... as those in the present case, is distinctly affirmed. It is true that in the case of Jubraj Roy v. Mackenzie 5 C.L.R. 231, Chief Justice Garth expresses some dissatisfaction with the decisions in the cases of Mahomed Rasid Khan Chowdhry v. Jadoo Mirdha 20 W.R. 401 and Hem Chunder Ghose v. Radha Per ...
Calcutta High Court
Narayana Kothan Vs Kalianasundaram Pillai
.... ode contemplates the necessity of a judgment-debtor being a party to the sale proceedings. See also the observations in Sheo Prasad v. Hira Lal ILR 12 All. 440. The provisions of the Code referred to by the learned Judge show that even after a decree the law gives the debtor many reasonable faciliti ...
Madras High Court
Kanakayya Vs Narasimhulu and Others
.... . Curtis Gray''s Cases on Property, Vol. II pp. 225 226. There the Court of Appeal of New York observe: "The fairer view and the one generally adopted in legislative provisions on the subject in this and other countries is to treat a party-wall as a structure for the common benefit and convenience o ...
Madras High Court
Jambuvayyan Vs Venkatarayar
.... he Appellate Court. 2. If this argument be valid, the jurisdiction of the Subordinate Court would also be ousted, if the plaintiff had obtained a decree in his favour in the first instance, and that decree had subsequently been confirmed on appeal, since the decree to be executed would be that of ...
Madras High Court
Palakdhari Rai Vs Manners and Others
.... ate to contracts entered into between the parties to the litigation but affects a third party, the landlord, it would be necessary either to prove the existence of the usage on his estate or that it is so prevalent in the neighbourhood that it can reasonably be presumed to exist on that estate. It m ...
Calcutta High Court
The Madras Mutual Benefit Permanent Fund Vs Ragava Chetti and Another
.... lusion I must also hold that the mortgage on which this suit is based is an illegal transaction, inasmuch as it had for its object the carrying out of the illegal purposes of the association and it was exactly for similar reasons the promissory notes sued upon in Jennings v. Hammond L.R. 9 Q.B.D. 22 ...
Madras High Court
Queen-Empress Vs Jahandi
.... the order of the Magistrate, in a case like this, subject to confirmation or reversal by the Sessions Court, and it would be contrary to every principle to allow the District Magistrate to report against an order of the Sessions Court to which he is subordinate. 2. If the Magistrate, as the offic ...
Calcutta High Court
Jagabandhu Bhattacharjee and another Vs Harimohon Roy and others
.... cedent to the 30th January 1878, the date of the Magistrate''s order of attachment and also that they were in constructive possession between this date and the 20th July 1881, when the attachment was withdrawn, and the profits of the property during the period of attachment were ordered to be refund ...
Calcutta High Court
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