Court : Kolkata
Reported in : (1884)ILR10Cal1057
..... ; whereas the attachment of koylash chunder ohakrabarti was directed only to one of those three judgment-debtors, and therefore it would not follow that under section 295 koylash chunder ohakrabarti would be entitled necessarily to participate in the assets realized by any sale that might have taken place in execution of a ..... attachment obtained by mothura mohun and radanath, and that, therefore, the purchase, while the property was under attachment by those decree-holders, was not void under section 285 as against koylash chunder chakrabarti.5. we think that, under the circumstances of this case, the first contention is good. the attachment of koylash chunder ..... chunder ohakrabarti then obtained an order for the attachment of the same property in execution of his decree; whereupon koylash chunder sen preferred a claim under section 278 of the civil procedure code, alleging that he was in possession of the property under a purchase from the judgment-debtor, as just stated. the subordinate .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal33
..... religious trust, it is contended that the suit should have been brought under act xx of 1863, after sanction obtained under section 18 of that act. in either case, it is said, the plaintiff had no sufficient interest to entitle her to sue, nor could she sue to obtain ..... without going into the other questions raised.15. it is urged that if this endowment is a public charity, the suit should have been instituted under the provisions of section 539, civil procedure code, by two or more persons directly interested in the trust with the written consent of the collector. if, on the other hand, the endowment is a ..... . but even supposing that the endowment in this case was neither a public charity within the meaning of section 539 of the civil procedure code, nor a religious endowment to which act xx of 1863 is applicable, the plaintiff was not entitled to sue alone to be appointed mutwali and to obtain possession of the property. the first court .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal1073
..... and good conscience that his title (though under the registered deed) should be allowed to prevail. and this was also the law in england, where the language of the registration acts is much the same as in this country.7. but then came the further question, whether the fact of the unregistered purchaser having taken possession, was conclusive evidence of notice .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal1076
..... against the defendants; and as this is a suit for possession and possession only, it must be dismissed.4. in this we think he is clearly wrong. under section 42 of the specific belief act, any person, entitled to any right to any property, may institute a suit against any person denying, or interested to deny, his right to that property; and .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal42
..... in execution of a decree obtained by another person. there were several decree-holders who claimed a share in those proceeds, and under these circumstances, the court, under section 295, is bound to divide the assets rateably amongst all the persons who hold decrees against the same judgment-debtor, and who have not obtained satisfaction of their decrees. ..... in the assets.7. we cannot adopt that view. we think that the words 'decree-holders' or 'persons holding decrees for money against the same judgment-debtor' in section 295 must mean bond fide decree-holders against the judgment-debtor; and if in point of fact the decree which the present applicant holds is a sham decree, we think ..... court has a right to enquire into the question, and to exclude him from the distribution of assests.8. if this were not so, it is obvious that the section would give rise to a great deal of fraud, because any man, who is in difficulties, and likely to have executions issued against him by bond fide creditors, .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal158
..... of possession.'3. i can find no authority, and none was cited before me, nor am i aware of any authority, under rulings of the registration act in which this section is to be found, exactly bearing on this matter.4. in judging of it as a matter, so far as i am aware, of first impression, ..... agreement. for these reasons i do not think the case comes under section 48; the matter is of less importance having regard to the provisions of section 58, * 59 transfer of property act. prom the last paragraph of the latter section it would appear that where the act is applicable, equitable mortgages outside the towns of calcutta, bombay, madras, ..... in favour of the plaintiff by reason of the charge being registered under provision of section 48 of the registration act. or whether such an equitable mortgage, constituted as this was, by deposit of title deeds, is an 'oral agreement' under section 48.2. that section enacts that 'all non-testamentary documents duly registered, and relating to any property, .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal55
..... with the subsequent applications, because we think that both courts have rightly held that the application of the 14th june 1875 was not barred under the provisions of section 20 of act xiv of 1859. in the execution proceedings of 1872 property was attached and a sale proclamation was issued; a claim to a portion of the properties was then ..... before the 1st of april 1873.3. consequently, in our opinion, act xv of 1877 operates from the date on which it came into ..... before the 1st of april 1873. act ix of 1871, which repealed act xiv of 1859, was, however, wholly repealed by act xv of 1877, which came into force on the 1st of october 1877. the latter act contains no saving clause similar to that in section 1 of act ix of 1871, and which made the act of 1871 inapplicable to any suit instituted .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal93
..... was not directly decided. the plaintiff in that suit was not the decree-holder in the former suit, and the suit could not, therefore, have been barred under section 13 or section 244 of the code. but i think it must be taken to have been virtually decided, that the formal possession taken in 1866 gave not only a fresh starting ..... for limitation. this overruled the case of pearee mohun poddar v. juggobundhu sen 24 w.r. 418 in which it was held that a formal delivery of possession under section 224, unaccompanied by any subsequent actual possession, did not give rise to a fresh cause of action. the full bench case is not precisely in point, as the plaintiff ..... have argued before us on the understanding that formal, though not actual, possession was given by the court; that is to say, possession in the way referred to in section 284. the defendant's denial that any possession was obtained in execution is explained to mean that there was no transfer of possession, and this is of course true from .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal37
..... court gave a decree in accordance with this award, dismissing the plaintiffs' suit.8. the plaintiffs having preferred an appeal, the district judge held that under the concluding portion of section 522 of the code of civil procedure, no appeal would lie, and he accordingly rejected the application.9. it is contended here, that the order of the district judge was ..... that being so, the decree passed in accordance with the invalid award was not such a decree as is referred to in section 522 of the code of civil procedure.10. the question in this case is, whether under section 522 of the code of civil procedure, an appeal lies against a decree given in accordance with an award. it has been .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal77
..... magistrate could, on the mere report of a police officer, whose conduct in the matter was directly challenged, be satisfied that the bond had been executed.3. a magistrate acting under section 514 must proceed on legal evidence, and the penalty can only be enforced on proof that the bond was duly executed and forfeited. the denial of execution by the petitioner ..... .2. assuming, however, that the conditions of the bond could be legally enforced, there has been a total disregard of the provisions of section 514 of the code. the bond was taken by a police officer, and that section requires that on its being proved to the satisfaction of the court that the bond has been forfeited, the court shall record the .....
Tag this Judgment!