Nibaran Chandra Saha Vs Matilal Shaha and Others
.... ncluded in his security was included in the foreclosure suit. The Court held that the ex parte decree against him was binding on him and his prayer, if allowed, would have the effect of setting aside the ex parte foreclosure decree which the Court said could not be done in a suit unless the decree w ...
Calcutta High Court
Bepin Chandra Mukhopadhya Vs Taraprasanna Chakrabarty
.... nt decree under the Bengal Tenancy Act and in that view he has decreed the suit holding at the same time that though defendant No. 2 had possession since March 1915 the suit was not barred by limitation. 4. Before me three points are urged, namely: (1) that by assertions for more than 12 years ma ...
Calcutta High Court
Bepin Chandra Mukhopadhya Vs Taraprasanna Chakrabarty and Others
.... t 1 and he had none at the date of the said sale. The suit: was accordingly dismissed by the trial Court. On appeal the Subordinate Judge held that the holding was a non-transferable one and that the decree in Rent Suit No. 2001 of 1916 had the force of a rent decree under the Bengal Tenancy Act and ...
Calcutta High Court
Ramdhani Sahu and others Vs Pitambar Singh
.... t acted upon. Das, J., a member of the Bench who decided that case, guarded himself against expressing an opinion that a lease by a mortgagor to a mortgagee is necessarily void. He pointed out that although a mortgagee may take a release of the equity of redemption from the mortgagor, he may not tak ...
Patna High Court
Rajendra Lal Bandopadhyaya and Others Vs Jogendra Nath Bandopadhaya and Others
.... tenure is not extinguished on a partition under the Estates Partition Act. If the lands compromised in the tenure fall within the Shaham of the grantor of the tenure, there is no disturbance of the tenure-holder. If they are allotted to others, the tenure-holder gets compensation lands from the Shah ...
Calcutta High Court
Midnapore People''s Urban Co-operative Credit Society, Ltd. Vs Bhupendra Nath Basu and Others
.... wo questions of law referred by him to this Court in this way: (1) Whether the jurisdiction of the civil Court is barred in respect of suit upon bonds brought by Co-operative Credit Societies against their members by Rule 22 of the Rules framed by the Local Government u/s 43, Co-operative Societi ...
Calcutta High Court
Ala Baksa Vs Majibal Huq and Others
.... II. A gift of a share in property, the donee being admitted to possession with the donor and recognised as a person in possession, is valid under the Mahomedan law. This possession has been recognised by a large number of decisions of the High Courts in this country, of which the decision of thi ...
Calcutta High Court
Shankar Vishvanath Katre Vs Shrinivas Bhalchandra Purohit
.... the light of the provisions of Act IX of 1887. If a suit is of such a nature and the value of the subject-matter does not exceed Rs. 500, no second appeal will lie, even though it has not been tried in a Small Cause Court. It is the nature of the suit and not the Court in which it is tried that det ...
Bombay High Court
Sree Rajah Inuganti Venkata Rajagopala Rama Suryaprakasa Rao Vs Sree Chelikani Butchi Venkata Rao and Another
.... s of the present case do not seem to call for any direction by way of such anticipatory protection. As observed already, the zamindar of Polavaram is not shown to have taken any step whatever beyond issuing the notice of 1929 and there is nothing like an imminent danger of the plaintiff being called ...
Madras High Court
Pandiri Satyanandan and Others Vs Paramkusam Mangayya and Others
.... ovides that notice of deposit shall be given through the Court by the defendant to the plaintiff and there is a form (No. 3) in Appendix H to Civil Procedure Code, which runs thus: Take notice that the defendant has paid into Court Rs...and says that the sum is sufficient to justify the plaintiff ...
Madras High Court
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