Court : Kolkata
Reported in : (1884)ILR10Cal496
..... that the words 'any person whose immoveable property has been sold' include persons, other than the judgment-debtor. in the present case the plaintiff did make an application under section 311. that application was rejected on the ground that he had no locus standi. it was open to him to have appealed against the order rejecting his application. there ..... obtained a decree for rent, he could have satisfied that decree and thus prevented the sale. he had a second course under the provisions of the code of 1877. section 311 of that code provides: 'the decree-holder or any person whose immoveable property has been sold may apply to the court,' &c;, and it has been decided ..... field, j.1. in this case the appellant is the purchaser under a private conveyance of a taluq or tenure such as that defined in section 26 of bengal act viii of 1869, that is, a permanent transferable interest in land intermediate between the zamindar and the cultivator. the zamindar, defendant no. 1, brought a suit for rent .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad277
..... nwp 146.6. the facts in the latter case differ materially in some respects from those in the case before us, but we agree with the learned judges that the sections of the code in chapter xvi having special reference to this subject 'were enacted for the suppression of slavery not only in its strict and proper sense, viz., that condition ..... that, having regard to the facts that such conduct is probably the result of an old state of things now happily passing away, that the woman amina appears to have acted with little or no secrecy in the matter and made no objection to giving up the girl, though she wished to have her money back, and that there is no .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal424
..... of le neve v. le neve 3 atk. 646 : 2 wh. & tudor l.c. 34 might prevent the registered purchaser from asserting his rights against the unregistered under section 50.' clearly in this passage the learned chief justice does not decide the point. in the judgment of mr. justice pontifex, at page 350, the question whether the plaintiff had ..... kondayya v. gurruvappa i.l.r. 5 mad. 139 have decided that the question of notice is immaterial, regard being had to the express provisions of the registration act. now, if we had to decide the question whether the case of a second registered purchaser having notice is an exception to the law laid down in the pull bench ..... 1, 2 and 3 ought to prevail against that of the plaintiff. the judge says in his judgment: 'the munsiff is wrong infinding, that now since the act of 1877, registered documents of which the registration is compulsory, have no priority over unregistered documents executed before 1877, of which the registration was optional. under the present .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal538
..... which might have been discussed or argued in the course of the execution proceedings. we think, having regard to the provisions of section 647 of the code of civil procedure, that if the judgment-debtor having neglected the opportunity which he had between the 3rd ..... law. we think, however, that this question must now be determined with reference to the provisions of the new code, and as section 647 has made applicable to all proceedings other than suits or appeals, the provisions of the code which are applicable to suits or appeals ..... sheikh muzhur hossein 4 c.l.r. 577. that was a case decided under the old code of civil procedure (act viii of 1859 read with act xxiii of 1861). the facts of that case are not clearly stated either in the judgment, or in the statement ..... july to re-open the accounts, and it is said that, as there is no special provision of the limitation act applicable to an application of this kind, the judgment-debtor was at liberty to make this application at any time within three .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad397
..... had jurisdiction to entertain the suit by reason that the court in which the suit was instituted had been abolished. the district court then was in this case competent to act under section 223 of the civil procedure code and we have only to consider whether, in empowering it to transfer a decree for execution to any court subordinate thereto, the legislature intended that ..... defendant alone was by the decree declared responsible, he should have applied for a review of judgment. the appeal from the order lies to this court under section 13 of the madras civil courts' act.6. the order of the munsif in so far as it directs execution for the rents against the first defendant is set aside with costs in both .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal567
..... sold in execution of the decree of defendant no. 2. is it reaionable that the plaintiff should be prejudiced by such omission or neglect20. a further proviso to section 295 is contained in clause (c), which directs that when immoveable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance ..... of assets by sale or otherwise, have applied to the court for execution of decrees for money against the same judgment-debtor and have not obtained satisfaction. the section contains the following proviso: 'provided that when any property liable to be sold in execution of a decree is subject to a mortgage or charge, the court may ..... any decree ordering its sale for the discharge of any incumbrance thereon.21. it was observed, with reference to sections 270 and 271 of the old code, act viii of 1859, which, to some extent, correspond with section 295 of the present code, that the rule of procedure contained therein was not intended to interfere with the substantive .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal297
richard garth, c.j.1. it has already been decided by this court in several cases that section 21 of act xi of 1865 is still in force, notwithstanding the right of review which is given to small cause courts in the mofussil by section 623 of the civil procedure code--(see reference no. 19 of 1878 from the small cause court of bhangah, decided by .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad345
..... the release of his cattle, but also rs. 2-10-0, the amount of court and process fees paid by him in prosecuting his case under section 31 of the court fees act.2. the acting district magistrate is of opinion that the order is illegal, in so far as it directs the payment of rs. 2-10-0, and, adverting to ..... loss caused by the seizure and detention, reasonable compensation together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle. section 31 of the court fees act is, as already ruled, applicable to cases in which an offence other than one for which police officers may arrest without warrant is the subject of ..... refund the fine paid, and a narrower construction would, i think, defeat the intention of the legislature. i am inclined, therefore, to support the order under section 22 of the cattle trespass act.hutchins, j.4. i am also of opinion that we ought not to interfere in this matter. this alone was the substance of my ruling in criminal .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal443
..... dismissed altogether as against toolamoney.3. the small cause court judge appears to have been misled by the language of section 76 of the transfer of property act, but it will be found that neither that section, which relates to mortgagees in possession, nor section 65, which relates to the duties of mortgagors, contain any rules applicable to cases like the present. those cases .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal445
..... thing to do, and was done in a proper way), but on the omission to light and fence it, which was a duty imposed by the act upon the government.19. section 213 of the act provides that when permission is given by the commissioners to make a hole in a street, the person to whom such permission is given shall fence ..... this, however, does not, in my opinion, affect the question whether the fact of permission being given, coupled with the other provisions of the act, has the effect of relieving the commissioners from their obligations under section 191.23. i think that it does not; and that if it did, the public would often be placed in a position of considerable peril ..... now to decide whether the lower court was right in holding the appellants liable to the plaintiff.13. the commissioners of the town of calcutta are incorporated by beng. act iv of 1876. by section 189 of that act all the public streets in the town (of which chowringhee road, the street in question, is one) are vested in them; and .....
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