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Sir Richard Couch, Kt. C.J. 1. In this case the Judge of the Small Cause Court has set aside the proceeding subject to the opinion of this Court on the question whether he was correct in holding that a summons, returna…
Sir Richard Couch, Kt., C.J.@mdashThis suit was brought on a promissory note of the defendants for Rs. 2,500, dated the 19th of October 1870, and payable three months after date, with interest at 24 per cent per annum, …
Mitter, J.@mdashWe think that the daily fine of Rs. 2 was illegal, and ought to be set aside. But under the circumstances of this case, we do not think it necessary to exercise our special powers of discretion by settin…
Macpherson, J.@mdashIt appears to me that this is not a case in which I ought to order that the damages and costs, or the costs, payable by the defendant Abinash Chandra Mookerjee, should be paid by Krishnalal Gosain. T…
Mitter, J.@mdashWe concur with the Officiating Sessions Judge in holding that the second recognizance was illegal. The first recognizance was general and unlimited in its terms according to the form given in the law, an…
Sir Richard Couch, Kt., C.J.@mdashIn this case, which was referred to this Court under s. 434 of the Code of Criminal Procedure by the Judge of the 24-Pergunnas, the Magistrate had proceeded under s. 308 of the Code of …
Bayley, J.@mdashWe think this case must be remanded to the Lower Appellate Court for trial on the merits. It is found by the Lower Appellate Court as a fact that the cause of action arose from the 1st Asar, when it is t…
Mitter, J.@mdashThe main questions which the lower Courts had to determine in this case were, firstly, whether there was any legal necessity to justify the guardian of the plaintiff''s vendor in mortgaging the disputed …
Markby, J.@mdashThis is an application made by the plaintiff to obtain execution of a decree by sale of the equity of redemption of certain property of which he is the mortgagee, the decree which he seeks to execute hav…