Roghoonath Misser Vs Gobindnarain
.... he present case, which alone was relied upon to give the Court jurisdiction, formed no part of the cause of action. He contended that his proposition was supported, not only by the cases cited by the plaintiffs, but also by others which he himself cited. Since in all of them the act upon which the C ...
Calcutta High Court
Dewan Singh and Others Vs The Queen-Empress
.... ishments provided by Section 302. It cannot be contended that the law gave a discretion to a Court which convicts of that offence to award or not the punishment provided for it. The only discretion which the law allows to the Court is to determine which of the two punishments prescribed should be aw ...
Calcutta High Court
Dwarka Nath Misser and Others Vs Barinda Nath Misser
.... e force of a decree; but the question that we haves to consider is whether the proceedings that are taken subsequent to such order being passed for the purpose of effecting a partition are proceedings in the suit itself, or proceedings in execution of the decree. We think that they are proceedings i ...
Calcutta High Court
Subba Ayyar and Others Vs Ganasa Ayya and Others
.... is therefore not correct to in for from the text a negation of that right. It is then asked how is the father''s allotment to be ascertained if he does not desire partition? The answer is it is to be ascertained against his will, leaving him, after the son separates, to reunite with his brother if h ...
Madras High Court
Queen-Empress Vs Bharosa
.... tion 75 of that Code. I have had the opportunity of reading the judgment of my brother Banerji in Queen-Empress v. Ajudhia supra, p. 120, where he deals with the question of the applicability of Section 75, and I may say that I entirely agree with the view of the law as in that judgment expressed. A ...
Allahabad High Court
Kuar Sen Vs Mamman and Others
.... joyed a right to use the land or the chabutra for any purpose whatsoever. All that was proved, according to the findings o the District Judge, was "that various mirasis, whose connection with each other is not established, have within a period of twenty years or so placed tazias on the land and sung ...
Allahabad High Court
Queen-Empress Vs Ajudhia
.... e punishment for an offence on a second conviction should be less than what it would have been on a first conviction. If, therefore, Section 75 applied to the case, the learned. Judge was not precluded by its provisions from passing a more severe sentence than that which was admissible under it, if ...
Allahabad High Court
Krishna Reddy and Another Vs Rendankattalai Varadarajulu Reddy and Others
.... Dyal Tewari ILR (1893) C. 274 which case has been followed by this Court in Second Appeal No. 1546 of 1893. We will therefore allow Rs 696 as interest at 6 per cent, per annum from the due date to the date of plaint and make it a charge upon the mortgaged property. 2. The decree of the learned Ju ...
Madras High Court
Thakur Das and Others Vs Achhan Kuar and Another
.... 81, were made. NandKishore was not ostensibly a party to either of those bonds or interested in them. Govind Prasad was at the date of the bond of 1877, 18 or 19 years old, and it does not appear how he at that early age had acquired money to lend on mortgage, but, according to the detail at the foo ...
Allahabad High Court
Queen-Empress Vs Teja and Others
.... to establish a liability to the punishment provided in this section (Section 396) it is necessary to prove that the person said to be liable was one of the persons who were conjointly committing dacoity, and was present when the act of murder in the dacoity was committed." Further on it was said: " ...
Allahabad High Court
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