Tej Singh and Others Vs Chaudhari Hannu Prasad and Others
.... sal of these documents, it appears that the rate of interest varied in each case. We cannot lose sight of the fact that the widows offered very good security for the loan. In the circumstances they should have been able to raise sufficient money to pay the debts of Drig Singh at a much lower rate of ...
Allahabad High Court
Chhatar Singh Vs Syed Shah Qasim Ghani and Another
.... y so much as is equivalent to its value, regard being had to the liability with which it is burdened. In cross-objection the extreme claim that the landlord should get from the purchaser rent for the entire period in suit is manifestly untenable and is not pressed; but it is contended that he should ...
Patna High Court
Seth Balakisonlal Jankiprasad Vs The Debt Conciliation Board and Others
.... ty per cent, of the creditors did not agree the application should be rejected. Here the Board erred because Section 17 expressly provides that if no amicable settlement is arrived at under Sub-section (1) of Section 14 within twelve months from the date of the application u/s 4, the Board shall dis ...
Madras High Court
Chaudhuri Bamdeb Das Vs Collector of Cuttack
.... thi Thirtha Swamigal v. Balusami Ayyar AIR (1922) PC 123, when Mr. Ameer Ali said that in Ram Parkash Das v. Anand Das AIR (1916) PC 256. the decision related to the office of mahant, but in the course of their judgment their Lordships conceived it desirable to indicate inter alia what, upon the ...
Patna High Court
Byomkesh Mukharji Vs Madhabji Mepa Maru and Others
.... aintiff and defendant 3 was however entirely silent as to how and when the royalty was to be paid. 4. Where no time is stated for the performance of a contract a reasonable time must be allowed for its performance (see Section 46, Contract Act). Where money has to be paid under a contract and the ...
Patna High Court
Girdhari Lal and Others Vs Jang Singh and Others
.... cipal amount which was due on the date of the application. In view of these provisions, it is no longer open to the Court to award interest on some other consideration. The fact that a decree has been obtained on the basis of a loan does not make the slightest difference because Section 15 makes it ...
Allahabad High Court
Sheo Kumar and Another Vs Munnu Singh and Others
.... very similar to that of Phula Singh v. Bur Chand (1911) 13 I.C. 250, decided by a Bench of the Punjab Chief Court. In that case also a mortgagee had sued for possession of the mortgaged property and in that suit the charge on the land was fixed at a certain amount and when the purchaser of the equit ...
Allahabad High Court
Hari Prasad Singh and Another Vs Lal Behari Saran Singh and Others
.... t 199 was, like the notice in Raghunath Das v. Sundar Das AIR (1914) PC 129, not a notice to show cause why the decree should not be executed, but a notice only to show cause why the person addressed should not be substituted for the deceased judgment-debtors: Raghunath Das v. Sundar Das AIR (1914) ...
Patna High Court
Morarjee Gokuldas and Co. Vs The Sholapur Spinning and Weaving Co. Ltd.
.... e observed that the amount of the alleged counter-claim and set-off does not equal or exceed the amount of the decree but is far less. Accordingly, they cannot be relied upon. 10. Paragraph 7 of the affidavit alleges that pursuant to a scheme under which the debentures were issued, the Sholapur S ...
Bombay High Court
Thota Varahalayya Vs Mattapalli Raju
.... s usufructuary mortgagee to recover possession was not one to enforce the debt and so no question of scaling it down could arise. Mr. Somasundaram for the petitioner however points out that he is entitled to redeem the plaintiff''s usufructuary mortgage by virtue of the lease alleged to have been ob ...
Madras High Court
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