Firm Lachhman Das Chhiddu Lal Vs L. Babu Lal Surety and Others
.... ent-debtor having applied for adjudication as an insolvent, the surety was discharged. Both the Courts below have accepted this contention of the surety. 2. Having heard learned Counsel for the appellant, we have come to the conclusion that the decision of the Courts below is correct. Sub-section ...
Allahabad High Court
Panchanan Ganguly Vs Kalipado Banerjee
.... welling house in accordance with the plans, sections, elevation and specifications signed by both the parties and hereto annexed, subject to such directions as hereinafter mentioned. 5. There is no reference here to the estimate or to any lump sum. The "directions hereinafter mentioned" relat ...
Calcutta High Court
Hridaysingh Vs Kailash Singh and Others
.... a payee can fill in a blank inchoate instrument and sue on it himself after filling it or endorsing it to some one. This case was referred to by Dhavle J. in Brijbhusan Pande v. Ramjanam Kuer AIR (1932) Pat 324. Mr. Sarjoo Prasad on behalf of the defendants-respondents contends that u/s 20, Ne ...
Patna High Court
Gadadhur Mullick Vs The Official Trustee of Bengal
.... must be such a person as was capable of taking according) to Hindu law. Thelre is nothing in the judgment of Willes J. to suggest that a person capable of taking because in existence at the death of the testator will have further difficulties to surmount by showing that he accepted at the time of t ...
Bombay High Court
Bai Dayambai Sullemanji Vs Mahomedalli Ebrahimji Arsiwala
.... uit. I am also informed by the Associate that this appears to have been the view taken in the office. Sir Jamshedji has laid stress upon the words in Rule 130 "and the plaintiff (if so advised) shall be at liberty to file a written statement in answer to the counter-claim of the defendant within fou ...
Bombay High Court
Gadadhur Mullick and others Vs Official Trustee of Bengal and others
.... the facts of that case or Sm. Soorjeemoney Dossee v. Denobundoo Mullick, (1861-63) 9 MIA 123=1 Sar 291 (PC). In later cases before the Board the question of the absence or failure of a disposition of the prior interest did not arise, but the references to Sm. Soorjeemoney Dossee v. Denobundoo Mul ...
Privy Council
Vythinatha Padayachi Vs Ammalu Ammal and Another
.... o question arose as to the transferee''s status as such. The only cases which appear at first sight to support appellant''s contention are Arasappan v. Pulugasari (1895) 6 M.L.J. 31 and Kalepalli Rajitagiripathy Vs. Kalepalli Bhavani Sankaran and Another, . Both these cases, however, ideal with a ...
Madras High Court
Official Assignee Vs Secretary M. and S.M. Railway Employee's Co-operative Urban Bank Ltd.
.... gnment" may not operate in presenti, it may operate as and when the property comes to existence. Until then the assignment constitutes only a contract in respect of the future property and equity attaches to it as soon as the property comes into existence, when the contract to assign becomes a compl ...
Madras High Court
The Official Assignee Vs The Secretary, M. and S.M. Ry. Employees' Co-operative Urban Bank, Limited
.... existence. Until then the assignment constitutes only a contract in respect of the future property and equity attaches to it as soon as the property comes into existence, when, the contract to assign becomes a completed assignment. As was observed by Jessel, M.R., in Collyer v. Isaacs (1881) 19 Ch. ...
Madras High Court
Mahesh Chandra Dhupi and Others Vs Emperor
.... evidence. In that case the correctness of earlier decisions in which it was considered that a document not admissible under the Evidence Act could not come within Section 192, Penal Code, was doubted. 2. With regard to the second branch of the argument we find from an examination of the document ...
Calcutta High Court
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