Udit Singh and Others Vs Emperor
.... minal trespass. In the present case the Magistrate says that the cattle belonged to the complainant and, therefore, there could be no theft and hence no right of private defence against the rescue of the same accrued to the accused. Another reason why the Magistrate refused the right to private defe ...
Patna High Court
Sheobhanjan Singh and Others Vs Emperor
.... te. He states that the trial was completed by the Magistrate in this case while he was a second class Magistrate and that he was vested with first class powers after the hearing was closed and before the delivery of the judgment. The learned Judge relies on Emperor v. Nga Paw [1908] 8 Cri L.J. 48. I ...
Patna High Court
Mahadev Narayan Joshi Vs Shridharbhat Gopalbhat Joshi
.... lant''s contention that the later mortgage of 1912, the one now in suit, was not dealt with in Suit No. 325 of 1017. It has, however, been laid down in Babaji v. Hari, (1) that in case of there being several mortgage bonds the account (taken u/s 15 D, Dekkhan Agriculturists'' Relief Act) must be tak ...
Bombay High Court
Achyut Narayan Khare Vs Ramchandra Keshav Ukidve
.... eld by the District Judge that the rule of damdupat applied, and therefore the amount of arrears of interest to be allowed was limited to an amount equal to the capital sum, but awarded no interest from the date of suit. It was contended that the omission to give interest was due to an oversight as ...
Bombay High Court
Commissioner of Income Tax Vs Chengalvaroya Chetti and Another
.... ng between the trader and the Government instead of between the traders and his underwriters. The question is, what in the proper mercantile sense is his loss or profit in the year ? Appeals ad misericordiam are beside the point. The question is not so much of law but of business common sense. But t ...
Madras High Court
Sankaralinga Mudaliar (dead) and Others Vs The Official Receiver of Tinnevelly
.... or does not, by attachment'', create such a charge on the property as to acquire priority over other creditors coming in is in no way opposed to this view. This also is what was decided in Zamindar of Karvetnagar v. Trustee of Tirumalai, Tirupati, etc., Devasthanam ILR (1909) M 429. wherein it was h ...
Madras High Court
Commissioner of Income Tax Vs Chengalvaraya Chetti and Another
.... aling between the trader and the Government instead of between the trader and his underwriters. The question is, what in the proper mercantile sense is his. loss or profit in the year? Appeals ad miseri cordiam are beside the point. The question is not so much of law but of business common sense. Bu ...
Madras High Court
Sankaralinga Mudaliar and Others Vs The Official Receiver of Tinnevelly
.... in Zemindar of Karvetnagar v. Trustee of Tirumalai Tirupati, etc., Devastanam 2 Ind. Cas. 18 : 19 M.L.J. 401 wherein it was held that no charge was created by the attachment in favour of the creditor as against a subsequent creditor. There is, no doubt, an observation in Zemindar of Karvetnagar v. ...
Madras High Court
Dalip and Others Vs Khazan Singh
.... ould not apply. There is evidence on the record to show that the mahal continued in the possession of Alladad Khan up till the year 1897. He then sold it to another single proprietor who subsequently sold it to a number of persons who are related to the present vendor and pre-emptors. 6. We are, ...
Allahabad High Court
Sunder Khatik Vs Mahadeo Pande
.... a negotiable instrument absolutely void where a material alteration has been made in it does not apply, because this particular note is not a negotiable instrument for it makes the payment due to a specified person only. This finding is opposed to the Negotiable Instruments Act, Section 13 as amende ...
Allahabad High Court
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