In Re: J. Dacosta
Sir Barnes Peacock, Kt., C.J.@mdashIt is clear that we cannot, under the general powers vested in the Court by the Letters Patent, interfere by way of motion, and do indirectly that which we cannot do directly by way of…
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In Re: Ramprasad Hazra
Sir Barnes Peacock, Kt., C.J.@mdashI am of opinion that, if, in the course of hearing a suit, a Civil Court commits a party to the suit for trial on a charge of perjury or forgery, or directs that the case be made over …
In Re: Mirza Himmat Bahadur
Sir Barnes Peacock, Kt., C.J.@mdashS. 363 of Act VIII of 1859 enacts as follows:-- "No appeal shall lie from any order passed in the course of a suit and relating thereto prior to the decree; but if the decree be appeal…
Sheikh Inayet Hossein Vs Sarifunnissa
Sir Barnes Peacock, Kt., C.J.@mdashThe case is very clear. The Principal Sudder Ameen, in his first decision, held that. Regulation XVII of 1806 was promulgated in Sarun on 7th January 1807, and he dismissed the plainti…
The Queen Vs Lalchand Kowrah, Chowkeedar and Others
Sir Barnes Peacock, Kt., C.J.@mdashIt is said that s. 28 does not extend to the mofussil Court; and that it applies only to the High Court on its Original Side, inasmuch as the Act was intended to apply only to Her Maje…
Bhikha Chowdhry Vs Maharaja Maheswar Bax Sing Bahadur
Sir Barnes Peacock, Kt., C.J.@mdashIt has been held in several cases that a deed of sale registered did not invalidate a prior unregistered mortgage under the provisions of Act XIX of 1843. There was a case of Dooleycha…
Nilmani Burnick Vs Puddo Lochan Chuckerbutty and Others
Sir Barnes Peacock, Kt., C.J.@mdashThe case of Ruttunmani Dasi v. Kalikissen Chuckerbutty W.R., Sp. No., p. 147 decided on 16th March 1864 does not govern this case. In that case no fraud or other misconduct of the part…
Maluk Chand Surma Vs Karlu Chandra Surma and Others
Sir Barnes Peacock, Kt., C.J. and Bayley, J.@mdashIt appears to me that this case is governed by the ruling in Kashinath Chatterjee v. Chandi Charan Banerjee See Kashi Nath Chatterjee v. Chandi Charan Banerjee, ante, p.…
Kashi Nath Chatterjee Vs Chandi Charan Banerjee
Sir Barnes Peacock, Kt., C.J. and Bayley, J.@mdashI am of opinion that verbal evidence is not admissible to vary or alter the terms of a written contract in cases in which there is no fraud or mistake, and in which the …
Prasanna Kumar Bose and Others Vs Ramsundar Poramanick and Others
Sir Barnes Peacock, Kt., C.J.@mdashThis case is governed by our decision in the case of Nilmani Burnick v. Puddo Lochan Chuckerbutty See Nilmani Burnick v. Puddo Lochan Chuckerbutty, ante, p. 379. The tenure was sold un…