S. Huda and Another Vs Ali Hussain M. Iqbal
.... fore us by Mr. Chatterjee who appears to oppose this Rule that the provisions of Section 179, Criminal P.C. govern the present case. That Section is in the following terms: When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence ...
Calcutta High Court
Tripura Charan Chowdhury Vs Nikunja Behari Chowdhury and Others
.... balance of the sum necessary to free the property from the incumbrance. In the present case the mortgage was not disclosed and consequently there could not be such an agreement. But if u/s 19, Contract Act, the vendee was entitled to have the property sold free from incumbrances, the parties should ...
Calcutta High Court
Bahadurmull Chowdhury and Others Vs Nagarmull Madangopal and Others
.... onduct from claiming that the contract was avoided. 6. Mr. Khaitan, on behalf of the Defendants, raised two preliminary points. First, that the suit is not maintainable because the Court''s powers to make declaratory decrees are limited to those contained in sec. 42 of the Specific Relief Act and ...
Calcutta High Court
Pulin Krishna Mukherjee Vs Adya Nath Mukherjee and Others
.... n the above manner. Should we or they raise any objection or plea it would be void and rejected by the Court. 4. Some time after the termination of the leasehold interest granted by Sarabomangala to Bireswar under the deed of 6th December 1892 she again leased out her pala of four and a quarter d ...
Calcutta High Court
Mittulal Singhania and Others Vs Pursotome Debi Bagla
.... without legal necessity. This principle has been laid down in Abinash Chunder Majumdar v. Harinath Shaha (1905) 32 Cal. 62. Their Lordships Brett and Mukherjee JJ. after reviewing a large number of the old decisions of the Courts in Bengal, held that: Where the nearest reversioner was a female w ...
Calcutta High Court
Bigna Kuer and Others Vs Radha Prasad Rai
.... is that the intention was to say that the nearer reversionary heirs had precluded themselves by their collusion, for, according to the plaint, defendants 4 and 5 are no relations at all, and as to defendants 2 and 3, the plaintiff''s case was that they were mere strangers. 4. In the Allahabad cas ...
Patna High Court
Brahmdeo Narayan Vs Brajballabh Prasad and Others
.... for the ekrarnama or the reference, as the case may be is unlawful, and the ekrarnama or the award is invalid, quite irrespective of the fact whether any prosecution in law has been started or there is something for which it is to be dropped, and that it was not necessary that an agreement to settle ...
Patna High Court
In Re: Manikyam Kondayya and Others Vs
.... e the hurt caused to him was undoubtedly grievous hurt and it was caused with a sharp instrument. The offence therefore u/s 326 is established beyond doubt so far as accused 1, 2, and 3 are concerned because there is no doubt that accused 2 and 3 at the time were jointly participating in the act by ...
Madras High Court
Municipal Board Vs L. Moradhuj
.... me cases that the provisions of Section 65, Contract Act, did not apply to a Municipal Board because of the wording of the Section which says: When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is ...
Allahabad High Court
Mt. Balo Vs Mt. Parbati and Another
.... use (h) of Section 6, T.P. Act, which refers to Section 23, Contract Act. It has however been consistently held in this Court that past cohabitation is not an unlawful consideration: (vide Man Kuar v. Jasodha Kuar (1876) 1 All 478. and Dhiraj Kuar v. Bikramajit Singh (1881) 3 All 787) The latest cas ...
Allahabad High Court
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