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Pontifex, J.@mdashWe agree with the Court below that the plaint was insufficiently stamped under Article 17 of the Court Fees Act, Clause. 3. 2. Preliminary objections were taken to the appeal, on the ground that the o…
Morris, J.@mdashWe cannot pass the order asked for, authorizing by District Judge of Rungpore to try the appeal. 2. It appears that the suit was tried by the Subordinate Judge of Rungpore. Before the appeal was made, t…
Prinsep, J.@mdash(who, after stating the facts as above, continued):-The first objection is, that the suit is barred by limitation under Article 15 or Article 16, sch. ii, Act IX of 1871, because it has not been institu…
Pontifex, J.@mdashIn this case there seems to have been a decree for possession with costs against three defendants. Inasmuch as possession was claimed by only one of the defendants that defendant alone appealed and was…
Richard Garth, C.J.@mdashThe present appellant says, that these intervening defendants may at some future time make a claim for their shares of the property as against him, and that, as long as there is any uncertainty …
Richard Garth, C.J.@mdashWe think this is a very clear case. The plaintiff sues to eject the defendant from the property in question, after giving him a proper notice to quit. The defendant sets up a right of occupancy …
Richard Garth, C.J.@mdashAs the relief which has been decreed in these suits is for the specific recovery of land, irrespective of any damages for the plaintiff''s dispossession, we consider that the 87th section of Ben…
Wilson, J.@mdashThis suit, which was undefended, was upon a promissory note. The note was for Rs. 400, was dated the 4th June 1877, was payable on demand, and bore interest at 5 per cent. monthly. The only question was,…
Richard Garth, C.J.@mdashThis case seems to us very clear. The suit is brought to recover damages for a malicious prosecution, and the plaintiff says, that besides the actual costs to which he has been put by the malici…
Pontifex, J.@mdashThe main question in this appeal is, whether a mortgagee, who has obtained a decree for accounts and sale, is entitled to withdraw from the execution-proceedings when those accounts appear to be going …