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L.S. Jackson, J.@mdash"Trial," according to the definition in Section 4 of the Criminal Procedure Code, means "the proceedings taken in Court after a charge has been drawn up." It is clear, therefore, that Section 221 o…
Markby, J.@mdashIn this case the suit was brought for a partition. The plaintiff alleged that the common ancestor of the parties and his five sons acquired certain properties; that after his death his five sons separate…
Pontifex, J.@mdashThe mere filing of a, plaint, or the naked fact that a plaint is on the file, will not of itself prevent the operation of the law of limitation. A plaintiff is bound to conduct his suit with proper dil…
Markby, J.@mdashWe think that there must be a remand in this case. There were two questions for consideration: one was whether there had been an uniform payment of rent for twenty years, and, if so, whether the presumpt…
Markby, J.@mdashIt is impossible to Kay that the Judgment of the lower Appellate Court in this case was erroneous in law, unless we go to the length of saying that a Judge is bound, as a matter of law, to apply to a Mah…
White, J.@mdashThe result of the release of this portion was, that the description of the property which was advertised to be sold was no longer an accurate description. 2. Now Section 249 of the Code, in prescribing w…
Markby, J.@mdashIn this case we think that the order of the Subordinate Judge, so far as it makes the present applicant, Mr. P. N. Pogose, a party to these execution proceedings, must be set aside. 2. The original judg…
Richard Garth, C.J.@mdashWe do not think it necessary to go into the question, which has been fully dealt with by the Court below, as to whether there was any bona fide service of notice at all in this case. Taking for …
Barnes Peacock, J. 1. This is an appeal from a decree of the Judicial Commissioner of the Central Provinces of India, in a suit instituted by the Appellant against the Respondents in the Court of the Deputy Commission…