Willis Vs Willis
.... am inclined to think that the parties, against whom the decree was made, cannot come in to show cause against it. It was only intended that any party other than the parties to the suit should do so. I think you are entitled to have the decree made absolute, without looking too closely as to whether ...
Calcutta High Court
Bijaynath Chattapadhya Vs Ekowri Sing and Others
.... s at the conclusion of the first sentence of the section, it ought to come within some one or other of the previous clauses. Now it is not an amount of mesne profits which has been reserved for adjustment in the execution of the decree, because the decree contains no such reservation. It is not an a ...
Calcutta High Court
Taraknath Mookhopadhya Vs The Collector of Hooghly, on behalf of Government and Others
.... ld have issued an order, calling upon the person who caused the obstruction, either to remove it, or show cause why it should not be removed, within such reasonable time after the service of the notice as the Deputy Magistrate thought proper. If the person to whom the order was issued appeared to sh ...
Calcutta High Court
John Dacosta and Others Vs M.R. Currie and Others
.... suit before decree; but when we look at the 23rd section, and find provision made for the way in which the Recorder is be proceed in cases where a reference has been made, it is quite clear that such proceedings relate exclusively to cases in which a decree has not been passed, and in which therefo ...
Calcutta High Court
Paresnath Mookerjee and Others Vs Binadiram Sen and Others
.... on; and that objection failing, the Court must pay the amount to the decree-holder. 2. It seems to me that these contentions are unfounded. The judgment-debtor did not pay the money to the use of the decree-holder, but he paid into Court, under pressure of an application to arrest his person, a s ...
Calcutta High Court
In Re: Mahesh Chandra Banerjee <BR> The Queen Vs
.... ge against the Magistrate. The petitioners say, that the Magistrate considered it desirable that Mahesh Goswami should be particularly identified by a witness named Nodair Chand Dutt, and on the 6th of September 1869, when taking the evidence of the said witness, and immediately after that part of t ...
Calcutta High Court
Gajendranarayan Roy Vs Hemangini Dasi Mother and Guardian of Purna Chandra Mitter
.... o reason whatever for differing from the opinion expressed in that case as to the meaning of section 204. That is one of the sections referring to the steps which may be taken, and to the mode of commencing proceedings in execution immediately after judgment, and the words of the section are:--"Wher ...
Calcutta High Court
Hardayal Mandal Vs Tirthanand Thakur and Another
.... the party injured by his decision to see that that jurisdiction is exercised. u/s 15 of the Charter Act, this Court has authority to see that the lower Courts carry out their duties correctly; and the present is certainly a case in which, u/s 15 of the Charter, the lower appellate Court should be di ...
Calcutta High Court
Maharaja Dhiraj Mahtab Chand Bahadur Vs Ram Brahma Mullick and Another
.... o such a proceeding, and the receipt of sale-proceeds was, undoubtedly, a proceeding within the meaning of the section." If I understand the learned Judge aright, this would include the case of a decree-holder who for his own benefit, allowed the sale-proceeds to remain for ten or even twenty years ...
Calcutta High Court
Gobardhan Barmono Vs Srimati Mani Bibi
.... in Bengal may think likely to be incurred by the said appeal, and also for the performance of such judgment or order as we, our heirs or successors, shall think fit to give or make thereupon; and upon such order or orders of the said Supreme Court of Judicature at Fort William in Bengal, thereupon ...
Calcutta High Court
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