Ibn Ali Vs Emperor
.... osecution has been ordered. 3. Mr. Khwaja has drawn my attention to the provisions of Section 476, Criminal P.C. and has asked me to hold that the Courts have not really formed an opinion that, "it, is expedient in the interests of justice that an inquiry-should be made." An inquiry has already b ...
Allahabad High Court
L. Ramsarup and Another Vs L. Peare Lal and Others
.... tors were entitled to sue for the whole amount, the mere fact that they chose not to sue for the whole amount but sued for some instalments only, would not take them out of the scope of Order 2, Rule 2. This argument necessarily implies that there is no real option to a creditor at all. He must eith ...
Allahabad High Court
Ramsarup and Another Vs Peare Lal and Others
.... o real option to a creditor at all. He must either sue for the whole amount or at his peril sue for instalments only. If he sues for the instalments only then his further claim for the whole amount would be barred by Order II, Rule 2. This would amount to nullify the option given to him under the de ...
Allahabad High Court
Ram Gopal and Another Vs Ram Kunwar and Others
.... purchase by a decree-holder did not belong to the judgment-debtor, but the parties to that ruling were two rival decree-holders-and the question between them was a rateable distribution of assets. Such, a rateable distribution is made u/s 73, Civil P.C., and the Court held that it should in the inte ...
Allahabad High Court
Girin (Girindra) Das Gupta and Others Vs Emperor
.... ail as the latter was arrested at Strand Road within the jurisdiction of the Chief Presidency Magistrate, Calcutta, (3) that the Subdivisional Officer of Alipore having cancelled the order for bail, the bail bonds became inoperative and consequently cannot be enforced u/s 514, Criminal P.C. 5. Th ...
Calcutta High Court
Hemanta Kumar Banerjee Vs Monorama Debi
.... consequently the petitioner is no longer bound under the law to maintain him. The Advocate argues that though the boy is now reading in the school, the petitioner is not bound to keep him in the school as Section 488, Criminal P.C., does not confer upon the child the right to better his prospects by ...
Calcutta High Court
Kamla Prashad and another Vs Bamdeo Missir and others
.... eceipts from the mortgaged property are deemed sufficient to satisfy all the interest from time to time accruing (so as to prevent there being any incense in the total sum due), or are deemed sufficient to do more than this, that is to say to satisfy, year by year, not only all the interest but a sp ...
Patna High Court
Ram Dihal Dubey Vs Gajraj Updahya and Others
.... e subsequently when the fraud comes to the knowledge of the defendant. But in any case it is clear that the orders passed by the Revenue Courts in the revenue proceeding could not, operate as res judicata in civil Court. Proceedings u/s 81, Tenancy Act, do not really result in a decree, and that is ...
Allahabad High Court
Secy. of State Vs Simla Footwear Company
.... from a railway company failing to act under those sections, although it purported to act under them, would, not come under Ch. 7. Accordingly the notice provided by Section 77, Ch. 7 clearly does not apply to the present case. Learned Counsel for appellant then argued that the suit was one to which ...
Allahabad High Court
Brij Narain Lal Vs Gokul Prasad and Others
.... able by this Court? 5. The trial Court decided the first issue in favour of the Plaintiff on the strength of the statement made by the referee. The Court however held that the suit being a suit between co-tenants for possession the jurisdiction of the Civil Court was barred by Section 230 of the ...
Allahabad High Court
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