Sheo Prasad and Another Vs Udai Singh
.... part to put the vendees in possession. It recites that he has sold to them and received the sale-consideration, and goes on to declare that they, regarding themselves as the absolute proprietors thereof, Shall remain in possession of it from the date on which he may obtain possession of it in execu ...
Allahabad High Court
Badr-un-nisa Vs Muhammad Jan and Another
.... recover it from him. 4. As to the second point the plaint as originally framed no doubt treated the plaintiff''s claim as based upon a quasi contract. According to English precedents, suits for the recovery of money paid by mistake are founded upon thefiction of an implied contract and promise to ...
Allahabad High Court
Beerchunder Manikya Vs Maymana Bibee and Others
.... ion if satisfaction of the judgment could still be obtained within the jurisdiction of the Munsif of Ramroygram against the person and Immovable property of the debtor. Coming, as the application did, not to the Court within the district in which the suit was instituted, but to another Court within ...
Calcutta High Court
Ram Krishna Das Surrowji Vs Surfunnissa Begum, Richard Hendry and others
.... roperty has been attached before judgment it is usual to re-attach it after judgment, that proceeding implies no abandonment of the first attachment, which gives the priority of lien. There is no trace here of any express abandonment. If this be so, and there were, as their Lordships think there was ...
Privy Council
Sukh Dai Vs Ram Prasad
.... or was a mere declaration of right. The decision of the Privy Council of the 6th March 1874, Thakur Din Tiwary v. Nawab Syed Ali Husain 21 W.R. 340, as also the rulings by the Calcutta and Bombay High Courts are as satisfactory as they are to my mind conclusive. Pearson, J. 3. In the suit out ...
Allahabad High Court
Ramkrishna Dass Surrowji Vs Surfunnissa Begum and Others
.... hed before judgment, it is usual to reattach it after judgment, that proceeding implies no abandonment of the first attachment, which gives the priority of lien. There is no trace here of any express abandonment. If this be so, and there was, as their Lordships think there was, a valid and subsistin ...
Calcutta High Court
Sheo Singh Rai and Another Vs The Secretary of State for India in Council
.... ent of which they were to be returned or otherwise disposed of according to the directions of the bailor. On the contrary, they were unconditionally surrendered, when they were handed over by Sumair Chand for cancelment, and the effect of their delivery to the Treasury at Meerut is the same as if th ...
Allahabad High Court
Noban Nusya and Another Vs Dhon Mahomed
.... or registration of the bynanama. 4. The District Judge, on appeal, considers that the right to obtain registration dated from the default of the defendants to execute the conveyance, and that the bynanama having then become a conveyance, the time for applying for registration commenced on that da ...
Calcutta High Court
The Empress Vs Kherode Chunder Mozumdar and Others
.... to the Court of Session. We observe that there is only one case--Queen v. Oodun Lall (3 W.R. Cr. 17)--in which incidentally a conviction in a case somewhat resembling the present appears to have been held legal u/s 196; but there the conviction had taken place before a Sessions Judge with the aid of ...
Calcutta High Court
Hirdaynarain and Others Vs Hurmuzi Begum and Others
.... with malikana as an interest in land, and to treat a claim for it as barred if not made within twelve years after the last receipt by the proprietor. 2. But the present case is governed by the Limitation Act of 1877, which, like its predecessor, Act IX of 1871, has made special provision for cas ...
Calcutta High Court
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