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Elam Paramanick Vs Sojaitullah Sheikh

Calcutta High Court

Sir Barnes Peacock, Kt., C.J.@mdashIf the award relate to a debt, not exceeding the amount cognizable by a Small Cause Court, we are of opinion that the Small Cause Court has jurisdiction u/s 327,2 Act VIII of 1859, to …

In Re: Shashi Bhushan Bhadury

Calcutta High Court

Sir Barnes Peacock, Kt., C.J.@mdashThis appears, to us to be a very different case from In re Tulsidas Seal (2 Ind. Jur., N. S., 133; and 7 W. R., 228). That case was decided with reference to the construction to be put…

Gaur Mohan Das Vs Ramrup Mazoomdar

Calcutta High Court

Sir Barnes Peacock, Kt., C.J.@mdashThe Judge of the Small Cause Court is correct in holding that a summary application u/s 53, Act XX of 1866, cannot be entertained at the suit of the assignee of the obligee. 1Enfo…

Chowdhari Nilkanth Prasad Singh Vs Dignarayan Singh

Calcutta High Court Regular Appeal No. 29 of 1968

L.S. Jackson, J.@mdashThe principal defendant raised two issues in bar at the hearing of the suit. First, that the Court was precluded from entertaining it u/s 2 of the Civil Procedure Code; secondly, that the suit was …

Winter Vs Gartner

Calcutta High Court

Norman, J.@mdashThe question is, whether under these circumstances, the plaintiff is entitled to have the monies in the hands of Mr. Cochrane paid to the credit of this cause. In cases which have come before this Court,…

Asu Mia Vs Raju Mia

Calcutta High Court Special Appeal No. 3137

Phear, J.@mdashIn this case, the suit is brought for the recovery of immoveable property, and the Lower Appellate Court has substantially found that the cause of action arose more than 12 years previous to the instituti…

Mozaffur Ally Vs Girish Chandra Das

Calcutta High Court Special Appeal No. 2848 of 1867

Loch, J.@mdashThe objection must, we think, be allowed. The rulings of this Court, to which the Judge alludes, go no further than this: that where a plaintiff is barred on the face of his own plaint, an Appellate Court …

Tarasundari Burmoni Vs Behari Lal Roy

Calcutta High Court Miscellaneous Regular Appeal No. 194 of 1868

Phear, J.@mdashThe Principal Sudder Ameen is wrong. The execution which has been taken out by the Chatlangis has been, as by law it must be, execution of the whole decree; and as the result of the process issued for exe…

Kadambini Dasi Vs Prasannamayi Dasi

Calcutta High Court

Sir Barnes Peacock, Kt., C.J.@mdashThe first ground of appeal in this case is that, according to the true construction of the will of Krishna Chandra Ghose deceased, and the events which happened, the respondent ought n…