remedy that existed under the law for the redress of any wrongful action in connection with a public trust of a charitable or religious nature
start a new action on exactly the same evidence, on the sole allegation that the previous evidence was wrongly believed by the Court. If that ... make it reasonably probable that the action will succeed? If it is, I think the action ought not to be stayed.
11. Lord Justice Cozens
Surat Court held that the name of the defendant had been wrongly entered in the list of contributories, and it directed a suit ... Surat Court returning the plaint because in its view no cause of action had arisen within its jurisdiction. On November 23, 1926, the plaint
delay in this case was not so great as to make the action of the Municipality arbitrary and capricious ; also that ... satisfied from the arguments of Mr. Thakor that this view is wrong. It is quite clear that a Court of law is not entitled
Hatimbhai Hassanally vs Framroz Eduljee Dinshaw on 31 January, 1927
Equivalent citations: (1927)29BOMLR498
JUDGMENT
that Act does not apply here. But it is quite wrong to argue that because that Act does not apply, that therefore the solicitors should ... fund is still under its control in one of the two actions.
43. It was next said that the respondents were bona fide parties
cognizable case, there is no reason why the Sub-Inspector's action should not be held justified under that particular section, although ... proved in a subsequent trial. But, even if this view is wrong, for the reasons I have already given, I think that there is clearly
action brought by any number less than the full number of joint promisees is misconceived, and the constitution of the suit is wrong from
that Act does not apply here. But it is quite wrong to argue that because that Act does not apply, that therefore the solicitors should ... fund is still under its control in one of the two actions.
43. It was next said that the respondents were bona fide parties
legal remedy, in case the injunction was not complied with, of taking action under Sub-section (4), Section 21 , of the Mamlatdars' Courts ... knowing that he was likely to cause wrongful loss or damage to any person, and "wrongful loss" is defined in Section