In Re: Mania Manikha Padayachi and Others Vs
.... harge is groundless, and in such a case the duty of the enquiring Magistrate is clear to discharge the accused. From this, therefore, it follows that except in cases where the charge is found to be groundless, that is to say, in other words where the evidence on the record is such that no Tribunal J ...
Madras High Court
Dip Narain Rai Vs Lachhman Upadhiya and Others
.... of the death, his suit abates under the provisions of Article 177, Schedule I of the Indian Limitation Act as amended in 1920. While it is obligatory upon the plaintiff to discharge this duty in so far as he is capable of doing so, any person who has not been so substituted by the plaintiff who clai ...
Allahabad High Court
East Indian Railway Company Vs Jit Mal Kallo Mal
.... nditions that a sum commensurate with the costs which, in the opinion of the Court, the party ready to proceed will have to incur, owing to the adjournment, be paid as and when directed by the Court to the party ready to proceed, and be his costs in any event. 7. This rule really reproduces in a ...
Allahabad High Court
Bhimmi Vs Pershadi
.... They did not record any judgment. In my opinion they ware not justified in ordering the complainant to file a process fee to enforce the attendance of the accused. Such an order was absolutely illegal. The complainant is generally ordered to file process lea when he wishes that a process should issu ...
Allahabad High Court
Kandhai Lal Vs Debi Prasad
.... ld be followed, not only because it is a later case but it is supported by the opinion of the Privy Council which was not available when the two earlier cases were decided by this Court. Sneaking personally, with respect, I should think that the burden of proof should be laid on the party who says t ...
Allahabad High Court
Parsiddhan Rai and Another Vs Dhaneshar Rai
.... nizance of the matter, held that he had before him an objection no matter how presented which did raise a question of proprietary title. He proceeded to consider whether he was to refer the parties to the civil Court, or whether he would decide the question himself. He expressly recorded his determi ...
Allahabad High Court
Chandra Kumar Kritiratna Bhattacharjee and Others Vs Alam Khan and Others
.... . Cas. 993 : 40 C.L.J. 481 : AIR (1924) (P.C.) 226 : 47 M. 729 : 20 L.W 701 : 10 O. & A.L.R. 1172 : 47 M.L.J. 809 : (1924) M.W.N. 915 : 27 Bom. L.R. 4 : 29 C.W.N. 246 : 51 I.A. 305 : 26 P.L.R. 18 : 23 A.L.J. 161 : L.R. 6 A. (P.C.) 41 : 1 C.W.N. 684 (P.C.), each case has got to be decided upon th ...
Calcutta High Court
Chandra Kumar Kritiratna Bhattacharjee and Others Vs Alam Khan and Others
.... een observed by the Judicial Committee in the case of Narasingerji Gyonagerji v. Panaganti Parthasaradhi Rayanim Garu AIR 1924 P.C. 226, each case has got to be decided upon the intrinsic evidence afforded by the term of the document and upon consideration of surrounding circumstances. There are two ...
Calcutta High Court
Jnanendra Nath Singha Roy Vs Rakhyakali Debi
.... , that the dakhilas do not establish the recognition of Lolit; and, secondly, that the defendant''s case, having been based on a deed of gift to Lolit, he cannot rely on the rent receipts as an answer to the landlord''s claim. It appears that the dakhilas which were produced cover the period from 13 ...
Calcutta High Court
Ledu Molla and Others Vs Emperor
.... pprover should be disbelieved on account of these circumstances. In this connection it is said that the Jury were misdirected as to the failure of the prosecution to call as a witness the C.I.D. Inspector, Akhoy Kumar Gupta, who had interviews with the approver on two occasions. We agree with the le ...
Calcutta High Court
Get In Touch With Us
We are here to help. Want to learn more about our services? Please get in touch, we'd love to hear from you!