The Weekly Reporter: Appellate High Court, Band 22D. E. Cranenburgh, 1892 Containing decisions of the Appellate High Court in all its branches, viz., in civil, revenue and criminal cases, as well as in cases referred by the Calcutta and Mofussil Small Cause Courts and the Recorders' Courts; together with rules and the civil and criminal circular orders issued by the High Court, and circular orders of the Board of Revenue; also decisions of Her Majesty's Privy Council in cases heard in appeal from courts of British India. |
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Act VIII affirming a decision Ainslie alleged application Baboo Banerjee beeghas brought cause of action Chowdhry Chunder Churn claim Collector contract dated decision passed decree decree-holder deed defendant defendant's dismissed with costs District Doorga entitled evidence execution fact Fudge G. G. Morris Ghose ground heirs held High Court Hindoo Hon'ble J. B. Phear interest issue judgment judgment-debtor July jumma jurisdiction kubooleut Lall land lease Lower Appellate Court lower Court Mahomed Markby matter ment Mitakshara Moonsiff mortgage mouzahs Mussamut Narain notice obtained opinion parties payment Pershad person Phear and G. G. plaint plaintiff pleader possession pottah present suit Privy Council proceedings promissory note purchaser question recover reference remanded rent Respondent reversing a decision Richard Couch rupees ryot says share Singh sion Small Cause Court special appeal Subordinate Judge Sudder taken talook tenant tenure tion versus wassilat Weekly Reporter zemindar
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Seite 373 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within specified local limits, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein, provided that such limits appear to the Court reasonable.
Seite 280 - evidence, they see no sufficient reason for departing from their ordinary rule of not disturbing the concurrent finding of two Courts. For these reasons their Lordships will humbly advise Her Majesty that the judgment of the Court below should be affirmed, and the appeal dismissed with costs. The
Seite 373 - Every agreement by which any party thereto is restricted absolutely from enforcing his rights under, or in respect of, any contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Seite 278 - off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place. If he had desired to guard himself against it, it would have lain upon him to have done so, by leaving, or by interposing, some barrier between his close and the close of
Seite 407 - to it without the burden of paying off the Rs. 14,000. On the whole, their Lordships are of opinion that the judgment of the High Court was right; that this mortgage of Rs. 14,000 subsisting upon the estate at the time of the sale, and having been paid by the purchaser,
Seite 330 - shall be read in evidence without the " consent of the party against whom the " same may be offered, unless it be proved " that the deponent is beyond the jurisdiction " of the Court, or dead, or unable, from
Seite 278 - used that close for any purpose for which it might, in the ordinary course of the enjoyment of the land, be used ; and if, in what I may term the natural use of that land, there had been any accumulation of water, either on the surface or underground, and if, by the operation of the laws of nature, that accumulation of water had
Seite 279 - Where the Legislature has sanctioned and authorized the use of a particular thing, and it is used for the purpose for which it was authorized, and every precaution has been observed to prevent injury, the sanction of the Legislature carries with it this consequence, that if damages result from
Seite 235 - was passed and relating to the execution " of the decree shall be determined by order " of the Court executing the decree, and not " by separate suit, and the order passed by " the Court shall be open to appeal." It is, therefore, plain that the question which was raised by the present plaintiffs upon the application of
Seite 23 - a right of occupancy in the land so cultivated or held by him, whether it be held under a pottah or not, so long as he pays the rent payable on account of the same ; but this rule does not apply to khamar, neejjote, or seer land belonging to the proprietor of the estate or tenure, and