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Sir Barnes Peacock, Kt., C.J.@mdashIt appears to me that there is no doubt in this case. Mr. Wilkinson, as the Officiating Administrator-General, and executor of the will of the late Mr. Samuel Fenn, sued the defendants…
L.S. Jackson, J.@mdashThis is an appeal against an order made by the Zilla Judge refusing to make an order at the instance of a judgment-debtor, u/s 243, Act VIII of 1859. It appears that the respondent, Ram Lal Mookerj…
Bayley, J.@mdashIn this case the plaintiff sued the defendant for arrears of rent for four-fifths of a certain talook called Baro Ruki Mehal. The plaintiff''s claim was for two months of 1271 (1863) viz., Falgun and Cha…
Sir Barnes Peacock, Kt., C.J.@mdashThere is no doubt in my mind that certain Government Promissory Notes were given and delivered to the plaintiff by his father Raja Apurva Krishna Deb at a time when he was in possessio…
Phear, J.@mdashI do not think it is necessary. Failure upon the general form of charge will probably not prevent you from proceeding upon a specific one.
Phear, J.@mdashI think that Rakhaldas Mookerjee''s contract with Mr. Kenny amounts to a sale by Mr. Kenny to Rakhaldas of Mr. Kenny''s property in the lands and tenures specified, which was at that time an equity of red…
L.S. Jackson, J.@mdashOne question in this appeal relates to the right of the decree-holder to receive interest upon the whole amount due, without taking into account a sum paid into Court by the judgment-debtor some mo…
Phear, J.@mdashThere is one point, I think I must reserve for consideration. But it appears to me that Mr. Jackson has not brought his case within the provisions of section 119 of Act VIII of 1859. I think when that sec…
Kemp, J.@mdashIt appears in this case that certain disputes between the defendant, appellant and plaintiff, respondent, were referred to private arbitrators. The opposite party (Bibi Nasran) applied to the Court below, …
Phear, J.@mdashIt is one of the rules of English evidence that evidence cannot be given to contradict irrelevant matter, and I think I ought not to treat cruelty or no cruelty as an issue between the petitioner and resp…