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Markby, J.@mdashIt appears to us that this conviction must be set aside. The charge against the petitioner was, that lie had refused to give a receipt for a summons. This has been held by the High Court of Bombay in Reg…
Richard Garth, C.J.@mdashIn this case we think that the Subordinate Judge has taken a wrong view of the so-called instrument of mortgage. We consider that it did not amount to a mortgage at all, but that it was merely a…
Markby, J.@mdashIn this case plaintiff sues to recover Rs. 1,750 on account of arrears of maintenance at Rs. 50 a month. The person whom she sues is her husband''s brother. It has been found that the father of the plain…
Pearson, J.@mdashThe Judge apparently holds the present application, dated 5th April last, for the execution of the decree of the 20th February 1874 to be barred because no previous application of the nature described i…
M.E. Smith, J. 1. This is a suit brought in the Court of the Civil Judge of Lucknow, by Kashee Ram, a nephew of Ram Dyal, who died in the year 1873, against Mussamut Bannoo and Mussamut Munna, the widows of Ram Dyal, …
Mitter, J.@mdashIn this case two objections have been raised before us in appeal: First, that the judgment of the lower Court is wrong in allowing interest upon costs when the decree does not expressly award it. Secondl…
Turner, J.@mdashWe are not satisfied that a conditional decree was improper in this case. It does not appear that the appellants ever rendered any accounts; indeed, they denied they were in possession as mortgagees, and…
Markby, J.@mdashIn this case we think that the decision of the Munsif and of the District Judge was wrong, and that execution ought to have been allowed to issue. 2. Now the Full Bench have laid down in a case 4 B.L.R.…
Spankie, J.@mdashThe second plea, too, cannot be maintained. The first Court found on the evidence of five witnesses that, immediately on hearing of the sale, the plaintiff fulfilled the conditions of the Muhammadan law…
Robert Stuart, C.J.@mdashIt appears to me that the Calcutta rulings referred to in the order of reference expound the law correctly. 2. The Subordinate Judge says that the defendant held possession of the villages with…