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Sir Barnes Peacock, Kt., C.J.@mdashWe have no doubt that, in executing a decree, the Court which executes it has no power to alter or add to it. In many cases a decree may lawfully order amounts which are uncertain to b…
Sir Barnes Peacock, Kt., C.J.@mdashWe have not been able to find in the laws or customs of this country any traces of the existence of an absolute rule of law that whatever is affixed to, or built on, the soil becomes a…
Sir Barnes Peacock, Kt., C.J.@mdashSection 32 of Act X of 1859 provides that suits "for the recovery of arrears of rent shall be instituted within three years from the last day of the Bengal year or from the last day of…
Sir Barnes Peacock, Kt., C.J.@mdashThe question submitted for the opinion of a Full Bench is whether the payment into Court by a person alleged to he the mortgagor of certain property was or was not a sufficient tender …
Sir Barnes Peacock, Kt., C.J.@mdashThe charter of the High Court allows an appeal to the Privy Council "in any matter not being of criminal jurisdiction from any final judgment, decree, or order of the said High Court o…
1. We think that, as a point of practice, there can be no objection to a respondent filing a notice with the Registrar, and specifying in the notice the objections which he intends to take on the hearing of the appeal. …
Sir Barnes Peacock, Kt., C.J.@mdashFirst, as to whether the Court should remand the case in order to ascertain whether any enquiry is necessary as to the fact of the possession of the widow, and for an investigation of …
Norman, Officiating C.J. 1. In this particular case it was clearly improper to allow an amendment of the plaint, which was originally one for possession and mesne profits, by making it a suit for resumption. The suit w…
Sir Barnes Peacock, Kt., C.J.@mdashIt appears to me that the Principal Sudder Ameen was right in dismissing the case, first, upon the ground that the defendants had a right in this tenure which it was not in the power o…
Sir Barnes Peacock, Kt., C.J. and Trevor, J.@mdashThis is a case which was brought whilst Act XIV of 1859 was the Law of Limitation, and therefore that law is applicable to the suit. S. 14 enacts--"In computing any peri…