Malkhan Singh and Another Vs Emperor
.... y on their conviction and delivered to the complainant. There can be no doubt whatsoever that this Court has power as a Court of revision u/s 489 read with Section 423, Sub-section (1), Sub-clause (d), Criminal P.C. to reverse an order passed by the learned Magistrate u/s 522, Criminal P.C. It has b ...
Allahabad High Court
Mt. Surja Vs Aziz Ullah
.... the terms of Sub-section (i) of Section 33. He states that it was conceded in the Courts below that the repeal of this provision by the Debt Redemption Act did not affect the question. For the respondent stress is. laid on the argument which found favour with the Court below and it is also objected ...
Allahabad High Court
Sachindra Nath Basu Vs Gopal Chandra Ghose
.... f it the parties must have made their bargain on the footing that a particular thing or state of things would continue to exist. And if they must have done so, then a term to that effect will be implied, though it be not expressed in the contract. In applying this rule it is manifest that such a ter ...
Calcutta High Court
Anadinath Banerjee and Others Vs Annapurna Devi
.... Moyee v. Maharajah Sutteschunder Roy Bahadur (1863) 10 M. I. A. 123, has been successfully got rid of. On the other hand, it is possible to support the actual decision on the finding of the learned Judges that the zemindar actually did something to show his intention to annul the darpatni. The respo ...
Calcutta High Court
Bharat Starch and Chemicals, Ltd. Vs The Mill Stores (Ahmedabad) Ltd.
.... e a temporary injunction restraining the defendant in the suit in this Court from proceeding with his suit in another Court. this Court must be satisfied that the other suit is vexatious and an oppressive multiplication of actions. 8. Mr. I.P. Mukerji on behalf of the defendant company strongly ...
Calcutta High Court
Mahanth Ramsaroop Dass Vs Ramrachhaya Prasad Singh @ Harangi Singh
.... this is the correct view, for whatever may be the theory under other systems of law, under the Indian law and procedure an original decree is not suspended by presentation of an appeal nor is its operation interrupted where the decree on appeal is one of dismissal. 10. In my opinion, this case c ...
Patna High Court
K.B. Mian Feroz Shah Vs Firm R.S. Hira Singh Attar Singh and others
.... leave. The result of that would necessarily have been that the appeal should be dismissed with costs, but, bearing in mind the interests of the parties and the possible saving of expense, their Lordships thought it right to invite Mr. Parikh to open so far on his case so as to give some idea whether ...
Privy Council
S.A. Balagurumurthi Chettiar Vs O.C. Muhammad Ismail and Others
.... e method of paying poundage fees, the following direction is found. The amount deducted or paid on account of poundage shall form part of the costs and expenses of the sale. 7. It is evident, therefore, that any remuneration paid to a person appointed to conduct the sale is exclusive of the po ...
Madras High Court
The Public Prosecutor Vs Narayana Reddy and Others
.... s to the manner of publication, the discretion cannot be interfered with. But there is no proof in this case that he did say that pubication in the District Gazette or in the board in the taluk office was enough. It may be that there is such an order, but it has not been filed, and in its absence, w ...
Madras High Court
Kanagala Dharma Rao and Another Vs Kadiyala Veeriah and Others
.... t get rid of them. To that extent she was unable to surrender the whole of the estate and therefore the, surrender which she purported to make is invalid. With due respect, it is difficult to see why the impossibility of surrendering the whole of her husband''s estate prevented her from effacing ...
Madras High Court
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