Travancore Cochin State Vs P. John Mathew
.... ention. We are unable to accept this contention. Section 2, sub-s. (2) defines a decree and in doing so it provides that the rejection of a plaint and the determination of any question within S. 47 or S. 144 shall be deemed to be a decree; it further provides that it shall not include any adjudicati ...
High Court Of Kerala
Uduppu Pylee Vs Varki Mathai
.... ct, neglect or default complained of. The Plaintiffs'' action was for damages sustained by the grounding of their vessel on 13-9-1893, through the alleged negligence of the Defendants in inviting the vessel to come up when there was not sufficient water in the channel leading to the docks. It was ...
High Court Of Kerala
Muthialpet Benefit Fund Ltd. Vs V. Devarajulu Chetty and Others
.... is settled law that he is not bound to advertise the sale (''Chabildas v, Dayal Mowji'', 31 Bom 566 (B)) and that he can sell by private treaty or by public auction unless there are express stipulations in the mortgage deed to the contrary, that he may sell under special circumstances even of a str ...
Madras High Court
Padmavathi Ammal by next friend and guardian V.K. Venkatachala Pillai Vs Gajendravalli Ammal
.... property shall pass from the trustees of the fund to the nominee, and do not mean that the full rights of ownership, including the right to the beneficial enjoyment of the property, shall pass to the nominee. The nominee becomes entitled to possession of the sum without having to obtain letters of a ...
Madras High Court
Chiranji Lal Vs The State of Uttar Pradesh and Others
.... within the jurisdiction of the Deputy Commissioner of Almora and consequently, he had no authority to sign and verify the plaint. On the 26th of November, (sic), when this case came up for hearing before me, I granted time to Learned Counsel for the Petitioner to find out what places of sitting were ...
Allahabad High Court
Lala Moradhwaj Vs Lala Bhudar Das
.... ation. Such application will be registered as a suit and then the matter will be referred to arbitrators. Chapter IV, which consists of Sections 21 to 25, deals with arbitration is pending suits. Parties may apply to the court to have the suit or any issue therein referred to arbitration and thereaf ...
Allahabad High Court
Abinash Chandra Banerji and Others Vs Uttarapara Hitkari Sabha and Others
.... e annuities but the person who is liable to the burden; and this, in the case of a charity, impresses him with the character of a trustee for the charity. By the ancient rule of equity, on one could acquire an estate, with notice of a charitable use, without being liable to it. 10. He has, howeve ...
Allahabad High Court
Moradhwaj Vs Bhudar Das
.... an arbitration agreement, but where no award has been made, the agreement may be filed in Court by means of an application. Such application will be registered as a suit and then the matter will be referred to arbitrators. Chapter IV, which consists of Sections 21 to 25, deals with arbitration in p ...
Allahabad High Court
Mst. Janatun Nisan and Others Vs Mustafa Husain Khan and Another
.... ot mean that the property which has come into the hands of the Appellants as heirs of the deceased has ceased to be the assets of the deceased. It still remains the assets of the deceased although the characteristics of the property have, to some extent been altered by law. 3. Section 152 of the ...
Allahabad High Court
Sm. Saraju Bala Debi Vs Hiralal Adhikary
.... when such a question is raised in an application u/s 4, the Competent Authority is bound to consider that question and decide it in accordance with law, no matter that an order for eviction has already been passed against that person u/s 3 of the Act. This, indeed, is implicit in Section 4 itself a ...
Calcutta High Court
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