Eacharan Patter and Another Vs Appu Patter and Others
.... principal money expressed to be secured by the mortgage. In Konna Panikar v. Karunakara ILR 16 Mad. 328 it is distinctly said that the suit was to redeem the land and to recover arrears of rent. On that basis the judgment proceeds. Subramanya Bharatengal v. Kunnan Civil Revision Petition No. 387 of ...
Madras High Court
Devalji Rau Vs President, Municipal Commission
.... f 1884. It is insufficient because it omits to state the place or street in which the house alleged to be demolished stood, as also the time of the alleged demolition. Further, the letter does not positively state that an action will be brought. See Breese v. Jerdein 4 Q.B. 585; 12 L.J. Q.B. 234 and ...
Madras High Court
Kajimuddy and Others Vs The Secretary of State for India in Council
.... he said quantity of land was 103 bighas 1 kattah 10 chattacks;" and, again, in paragraph 3, the plaintiffs take exception to the length of the pole of measurement used by the Settlement Officer in measuring their lands, whereby the area thereof was increased. In the face of these admissions, we do n ...
Calcutta High Court
Tara Prosad Roy Vs Bhobodeb Roy
.... nical character, and ought not to be allowed. 2. We think the District Judge''s view is correct. The decree has been read to us, and it appears to be substantially a decree u/s 88 of the Transfer of Property Act, that is to say, it is a conditional decree or decree nisi, and we think it is clear ...
Calcutta High Court
M. Macauliffe Vs C. Wilson
.... ee and cestui que trust. I hold that the appeal must prevail, and, setting aside the judgment and decree of the lower Court, would dismiss the respondent''s claim. 2. Under the circumstances of the case I would direct that each party pay his own costs. Aikman, J. 3. Much argument was addres ...
Allahabad High Court
Har Charan Singh Vs Har Shankar Singh and Others
.... he Court of the Deputy Collector failed in both these respects. It was a Court that could have no jurisdiction either as to the nature or the amount of the present suit. 10. In maintaining this argument it has been overlooked that the position given by law to Courts of Land Revenue when determini ...
Allahabad High Court
Surjoo Das Vs Balmakund Das
.... of this Court-Tokhan Singh v. Udwant Singh ILR Cal. 25. This case related to a security given u/s 545, and the learned Judges followed the rule laid down in previous cases decided before the Act of 1888 relating to Sections 549 and 610, which declared that proceedings to enforce a surety bond given ...
Calcutta High Court
Administrator-General; In Re: Prem Lal Mullick''s Vs
.... ing brought against the executors-nominate, the dismissal of the suit may afford them a good defence of res judicata. It was accordingly suggested that the Order in Council ought to be amended, by limiting its scope to the single question touching the legality of the transfer to the Administrator-Ge ...
Privy Council
Ahmad Ali Vs Najabat Khan and Others
.... by WEST, J., in Ram Chandra Narayan v. Narayan Mahadev ILR 11 Bom. 216 that "where an adjudication between the defendants is necessary to give the appropriate relief to the plaintiff there must be such an adjudication, and in such a case the adjudication will be res judicata between the defendants ...
Allahabad High Court
Nand Kishore Lal, Anmoli Bibi and Another and Bhole Bibi Vs Ahmad Ata and Another
.... ed certain extracts from the judgments of Mr. Justice HYDE and of Sir Edward Ryan. 5. The first of these extracts, as I understand it, shows that the rule in mere personal demands was that the benamidar should sue in his own name, but, that in "many cases the plaintiff had recovered on notes not ...
Allahabad High Court
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