Mutty Loll Vs Chogemull
.... n found for the plaintiff, and a rule was afterwards obtained upon the ground that the direction of the Chief Justice was incorrect in point of law; but after argument of that rule in the Common Pleas, the Court decided that the direction to the jury was perfectly correct. 11. Chief Justice Tinda ...
Calcutta High Court
Bakhtawar and Others Vs Zahur Khan and Another
.... ch instalments is barred by the terms of Section 258 of the Civil Procedure Code. This contention is opposed to the ruling of a Division Bench of this Court in Sham Lal v. Kanahia Lal ILR All. 316 which followed and approved a Full Bench decision of the Calcutta Court--Fakir Chand Bose v. Madan Moha ...
Allahabad High Court
Ramlal Vs Radhey Lal and Another
.... . The powers which the foreign Court has, under 8 228 of the Code of Civil Procedure, are confined to the execution of the decree. It cannot question the propriety or correctness of the order directing execution, nor can it (Section 239 of the Code) stay execute in except temporarily. 2. We rever ...
Allahabad High Court
Gokal Singh and Another Vs Mannu Lal and Another
.... may be no joint ownership in a village, there may still be some community of interest, and also a considerable community of things held and used in common by all the inhabitants, such, for instance, as roads, drains, and other things which are necessary to all. Hence, even after partition, somethin ...
Allahabad High Court
Ina Sheikh Vs Queen-Empress
.... concealment of the property, would raise not a violent or strong presumption, but a probable presumption merely. 8. But this is not a case of very recent possession, or of possession some time afterwards, but of possession 11 months after the theft, and such possession, by itself, affords but a ...
Calcutta High Court
Rung Lall and Another Vs Hem Narain Gir
.... be recorded as certified, the Court shall make the rule absolute. It appears to us that in determining whether the cause shown is sufficient or not, it is incumbent upon the Court to investigate and decide any question of fact, upon which the parties may not be agreed, upon such materials as they m ...
Calcutta High Court
Ali Jamin Vs Anand Coomari
.... ber 1867; and that, therefore, when the suit was filed on the 26th September 1879, the plaintiff''s claim was barred. 2. We should add that the lower Court misapprehended the expression in the language of the judgment of this Court, which, having regard to the alterations in the terms of the judg ...
Calcutta High Court
Chhab Nath Vs Kamta Prasad and Another
.... e stipulated rate after the period of three years, so long as the principal remained due. The terms of the bond seem to bring it within the case cited by Mr. Hill; and, if so, we are bound to follow the decision in that case But our own view is the same. If the bond contains an express covenant for ...
Allahabad High Court
Hari Ram and Another Vs Sheo Dayal Mal and Another
.... t VIII of 1871 "some portion of the property" are construed to mean some substantial portion, then the obvious intention of the Legislature is effected, and registration is kept to the place where a man''s property is known to be situate. Now, the property of Mr. Brooke at Patna cannot be regard as ...
Allahabad High Court
Tilukdari Singh and Others Vs Chultan Mahton
.... egulation, in my opinion, provided the penalty in question, that penalty being the non-suiting of the claim for the recovery of the abwabs. Even supposing that this contention is valid, still the plaintiffs cannot succeed in this case. There being this plain direction in the Regulation, if it was no ...
Calcutta High Court
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