Maluk Chand Surma Vs Karlu Chandra Surma and Others
.... ectually protected. 5. I would remand the case to the Principal Sudder Ameen for the trial of the issues to be raised with reference to these points. It is admitted that the case must go back to the lower Court for the trial of the fourth issue. Pundit, J. 6. The judgment in Kashinath Chat ...
Calcutta High Court
Kashi Nath Chatterjee Vs Chandi Charan Banerjee
.... on of Morgan and Pundit, JJ., in Kashinath Roy v. Nowcowry Koondoo 1 W.R., 22. The cases from the earliest date show that it is a common practice in this country, upon the occasion of a mortgage, for the borrower to convey the estate absolutely to the vendee; the latter engaging by a contemporaneous ...
Calcutta High Court
Nilmani Burnick Vs Puddo Lochan Chuckerbutty and Others
.... been the effect of setting aside the decree under which the sale took place, if the purchaser at the sale had been a bond fide purchaser. It is sufficient to state that a decree set aside for fraud would not support a sale to a purchaser in collusion with the parties to the fraud, and acting as bena ...
Calcutta High Court
Bhikha Chowdhry Vs Maharaja Maheswar Bax Sing Bahadur
.... very few words. To construe the Registration Act, XIX of 1843, as giving no protection to a registered deed of sale against prior unregistered mortgages, and no protection to a registered mortgage against a prior unregistered deed of sale, is to make the Act a dead letter. If this matter had come be ...
Calcutta High Court
Sheikh Inayet Hossein Vs Sarifunnissa
.... Governor-General in Council, viz., 11th September 1806. The decision was passed under a mistake, and cannot be upheld by the Full Bench. But the Principal Sudder Ameen, acting on that judgment, granted a review, and reversed his first decision. 2. Now the Principal Sudder Ameen must have been ei ...
Calcutta High Court
The Queen Vs Lalchand Kowrah, Chowkeedar and Others
.... ence was required to prove the falsehood of the statement on which perjury is assigned: that a conviction for perjury was not allowed to stand where there was the mere uncorroborated oath of the prosecutor against the oath of the prisoner. See a case in Beaufort''s Digest, paragraph 4508, in which, ...
Calcutta High Court
In Re: Mirza Himmat Bahadur Vs
.... ppealed to the High Court against the decision of the Principal Sudder Ameen on the merits, the respondent had the right under s. 348 of Act VIII of 1859, to rely upon any objection as if he had preferred a separate appeal. The words of s. 348 are:-- "Upon the hearing of the appeal, the respondent m ...
Calcutta High Court
In Re: Ramprasad Hazra Vs
.... pplication was not by way of appeal, but merely by way of motion to postpone the committal. If the Court, as a Court of Appeal or as a Court of Revision, cannot reverse or alter such an order, I cannot see any inherent authority which it has to stay proceedings. I remark that, in some of the cases c ...
Calcutta High Court
In Re: J. Dacosta Vs
.... enacted that an appeal should not lie from an order relating to the execution of a decree. S. 11 of Act XXIII of 1861 applied only to future cases. The words are "shall be determined by order of the Court executing the decree;" and "the order passed by the Court shall be open to appeal." And s. 11 a ...
Calcutta High Court
The Queen Vs Godai Raout
.... rt by s. 4, Regulation XIV of 1810, was "a power of revision with a view of a remission of part of the punishment, and did not extend to the granting a review of judgment or rehearing a whole case, which might eventually end in a sentence opposed to that originally passed." The Circular Order goes o ...
Calcutta High Court
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