Juggobundhu Mukerjee and Others Vs Ramchunder Bysack
.... by going through a certain process prescribed by Section 224, and proclaiming to the occupants of the property that the plaintiff has recovered it from the defendant. This is the only way in which the decree of the Court, awarding possession to the plaintiff, can be enforced; and as, in contemplatio ...
Calcutta High Court
The Bank of Bengal Vs Mendes
.... en arises, whether they have not in fact proved that they hold it by a better title? 22. Now I quite agree with the Court below that, in determining this question, the onus probandi in the first instance lies upon the Bank. They are bound to show that they hold the note by a title superior to the ...
Calcutta High Court
Sourujmull and Others Vs The Ganges Manufacturing Co.
.... the goods upon paying for them. It would have been quite unnecessary to ask Mr. Lyall as a favour to deliver the goods to any of Messrs. Cohen''s servants; and Mr. Lyall knew that perfectly well. The favour which Mr. Cohen asked was to obtain an order for delivery to the plaintiffs, with whom he was ...
Calcutta High Court
Mian Jan Vs Man Singh
.... lawful and invalid. It is true that the sale had been effected before the order directing its postponement had reached the officer conducting the sale, but the circumstance, though it exonerates him from blame in the matter, does not make the sale good and valid. It is to be regretted that the Subor ...
Allahabad High Court
Yusuf Ali and Others Vs Farzand Ali
.... ch it was alleged that the defendants were wrongfully filling up, to its original condition. By the proposed amendment, if we rightly understand, the claim will be for the protection of the plaintiffs from any infringement of, or for a declaration of, their right to a share in the produce, and the u ...
Allahabad High Court
Pir Muhammad Vs Banno
.... t creating an interest in Immovable property of the value of Rs. 100 and upwards, and u/s 17 of Act XX of 1866 required registration. The present case is analogous to one decided by Pearson, J., and Oldfield, J., in Rajpati Singh v. Ramsukhi Kuar ILR 2 All. 40, and the view we now hold is in accorda ...
Allahabad High Court
Gocool Chunder Gossamee and Others Vs The Administrator General of Bengal
.... nd bearing their objections, if any, be continued by or against the person to whom such interest has come." 8. Mr. Phillips contends that this case does not come strictly within the terms of the section;--firstly, because the old suit is no longer pending; and secondly, because all the parties to ...
Calcutta High Court
Saroda Soondury Dossee and Another Vs Doyamoyee Dossee and Another
.... joint family property. Now we turn to Article 142. Under that article, it is clear that only so much of the suit as relates to possession of Immovable property could be included. This will not comprise the stock, debts of the shop, or business or anything but the bare ground and the premises standin ...
Calcutta High Court
Kristo Coomar Nag Vs Mahabat Khan
.... sain v. Chunder Seekur Bhuttacharjee (B.L.E. Sup. 718 : S.C.W.E. 521), to the somewhat similar provisions of Section 207, Act XIV of 1859. We observe, however, that there is a great difference between the two eases, as well as in the wording of the two Acts on this point of limitation in execution. ...
Calcutta High Court
The New Beerbhoom Coal Company Vs Bularam Mahata and others
.... el the Mahatas to grant him a lease of the whole of the residue of the mouza at a reasonable rate. The words are: "If you take possession, according to your requirements, of extra land." Now what is the meaning of the words "according to your requirements?" Does it mean "according to your requiremen ...
Privy Council
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