Nitya Pal and others Vs Beni Madhab Ghose
.... ate to give any reason for his decision. It must be taken, if he does dismiss an appeal summarily, that he considered there were no sufficient grounds for interfering. I entirely agree with the decision in the case of Rash Behari Das v. Bal Gopal Singh (1). The language of sec. 421 seems to he absol ...
Calcutta High Court
Bhabataran Ghose and others Vs Bankutesh Lal Mitra and another
.... f the Collector, be entitled to measure land more than once in ten years except (amongst other grounds which do not apply): where the area of the tenure or holding is liable by reason of alluvion or diluvion to vary from year to year, and the rent payable depends on the area" and sec. 188 of the sam ...
Calcutta High Court
Ismail Khan Vs Abdul Aziz Khan and others
.... ourt that he has sustained substantial injury by reason of such irregularity. The Subordinate Judge, finding, as he says, that no complaint had been made of this irregularity did not receive evidence that there was any injury occasioned by it. If he was wrong, in the opinion of the High Court in doi ...
Calcutta High Court
Rajah of Parlakimidi Vs The Secretary of State For India In Council
.... btained, their Lordships do not venture to rely upon those details as affording assistance in the solution of the present question. They shew clearly that in ascertaining the basis on which the zemindari was to be assessed the quit-rents of the bisoyees were left out of the account; but they do not ...
Privy Council
Subba Naidu Vs Gopalaswamy Naidu
.... s, if made out, would justify dismissal, but the plaintiff has altogether failed to establish that the defendant was guilty of any misappropriation of trust funds. The appellant''s Vakil practically conceding this argued that in the case of this first charge the disbursement of the sum of Rs. 400 wa ...
Madras High Court
Alayakammah Vs Subbaraya Goundar and Others
.... ich this appeal relates, the claim should be held to be barred even under Article 132 as the stamp duty on the plaint was not paid until after the expiry of 12 years from March 1888. The payment of stamp duty, however, relates back to the date of the presentation of the plaint as a proper plaint, in ...
Madras High Court
Prayag Doss Ji Varu, Mahant Vs Srirangacharluvaru and Another
.... Eng. R. 803. The decision in Exparte Bottom School, 2 Brown 662 as we understand it, proceeds on the view that, according to the fair construction of the Act of Parliament then in question, it was not open to the Court to alter the constitution laid down by that Act or Parliament in respect of the a ...
Madras High Court
Ranee Chandra Rally Deby Vs Edmund Pelly Chapman and others
.... year, the rest of the material facts of the case are as follows:--Leaving the date of Ganesh''s death uncertain it is admitted that the Plaintiff and another widow were left as his heirs, and that in 1866 this Court in its Appellate Side made a division of his property between them, except that note ...
Calcutta High Court
Jagadisa Aiyar Vs Kuppusamy
.... a decree for an account between partners will not be made, save with a view to the final determination of all questions and cross claims between them and to a dissolution of the partnership, must be regarded as considerably relaxed, although it is still applicable where there is no sufficient reaso ...
Madras High Court
Vibudha Priya Thirtha Swami Vs Yusuf Sahib
.... ttached but there was no sale. He paid into court a sum on account of the judgment-debt. It was held that the money paid into court could not be regarded as "assets realized in execution." The fact that the money was there paid in by the judgment-debtor himself and in the case before us it was paid ...
Madras High Court
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