Kolkata Court November 1885 Judgments
Darsun Lall Vs. Jumuk Lall
Court: Kolkata
Decided on: Nov-23-1885
Reported in: (1885)ILR12Cal522
1. This case merely followed the interpretation put on Section 437 of the Criminal Procedure Code in the cases of Chundi Churan Bhuttacharjea v. Hem Chunder Banerjee I.L.R. 10 Cal. 207; Jeebunkristo Roy v. Shib Chunder Dass I.L.R. 10 Cal. 1027; and queen-Empress v. Amir Khan I.L.R. 8 Mad. 336...
Tag this Judgment!Chunder Koomar Poddar Vs. Chunder Kanta Ghose and anr.
Court: Kolkata
Decided on: Nov-19-1885
Reported in: (1885)ILR12Cal521
1. This case merely followed the interpretation put on Section 145 of the Criminal Procedure Code, in the case of Ambler v. Pushong I.L.R. 11 Cal. 365....
Tag this Judgment!Srinath Das and ors. Vs. Shurnomoyee Dasi and anr.
Court: Kolkata
Decided on: Nov-18-1885
Reported in: (1885)ILR12Cal614
Pigot, J.1. The first portion of the judgment is not material for the purposes of this report.2. The principal ground discussed before us, and upon which we have also come to the conclusion that this appeal must be allowed, is upon the question of limitation.3. The parties to the mortgage of the 17th November 1865 were Hindus. The mortgage was a mortgage in English form, giving a power of sale and entry, and the due date was 17th February 1866.4. So far as the form of the mortgage is concerned, it is clear that a mortgage in English form between Hindus of lands in the mofussil, outside Calcutta, is always treated by the Courts as a mortgage by conditional sale.5. In the case of Khelat Chunder Ghose v. Tara Charan Coondoo Chowdhry 6 W.R. 270 Sir Baenes Peacock said in regard to the rights of the parties under a deed of this kind: 'The mortgagee was entitled to possession before foreclosure immediately default was made, and he would hold possession subject to his own right to foreclose a...
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