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Pontifex, J.@mdashThose questions may be answered in the affirmative]. The second question referred is answered by the arguments as to the first. The third question may be answered by Kanto Lall''s case (L.R. 11. IA. 32…
Broughton, J.@mdashOn these facts, without reference to an affidavit in answer, filed a week ago by the petitioning creditor, and I think properly available to him in this enquiry, two questions have arisen: first, a qu…
1. Mr. G. Gregory and Baboo Mohesh Chunder Chowdhry for the Respondent. 2. The learned Judges (Garth, C.J., and Prinsep, J.) before whom the case was heard referred it to a Full Bench. The referring order was as follow…
Richard Garth, C.J.@mdashIt appears to us that, having regard to the weight of authority in this Court, as well as to the question of principle and convenience, the proper solution of the points referred to us is as fol…
Richard Garth, C.J.@mdashThis special appeal depends upon a question of law, which we think should be referred to a Full Bench. 2. It was admitted on both sides in the lower Courts, that if Sham Behari Lall survived Mu…
Pearson, J.@mdashThe main contention of the learned Counsel for the appellants was outside the grounds of the appeal. He contended that the lower Appellate Court was bound to accept the finding returned to it by the Cou…
Straight, J.@mdashThis is a suit for possession of a one-pie share of mauza Rai, pargana Ghatanpur, upon the basis of a mortgage dated the 2nd July 1869, and a foreclosure proceeding of the 23rd May 1878. Both the lower…
Richard Garth, C.J.@mdashThe following sketch will suffice to explain roughly the position of the premises, the nature of the easement, which is the subject of dispute, and the defence to the suit, which we have to cons…
Morris, J.@mdashThis matter has arisen from a complaint made on 15th February 1879, regarding an obstruction to a public thoroughfare. 2. It appears that, a few months before this complaint was made, proceedings had be…