Search Results Page

Search Results

1 - 7 of 7 (0.23 seconds)
Aghore Nath Mukerjee And Ors. vs Kamini Debi on 15 December, 1909 cites

Gurdeo Singh And Ors. vs Chandrika Singh And Ors. on 10 April, 1907

There was manifestly a triangular contest am on the parties, and the litigation, as we know, terminated in favour of Damayanti. The decision of this Court was based on the ground that, according to the true construction of the Will of Ramkumul, the senior in age amongst all the heirs of the four original trustees was entitled to the office of shebait. This clearly operates as res judicata between Kamini and Aghore Nath, because there was a conflict of interest amongst them, and the adjudication upon their respective claims was necessary to give relief to the plaintiff, and the final judgment did define the real rights of the defendants inter. Gurdeo Singh v. Chandrika Singh 5 C.L.J. 611 : 36 C. 193 : 1 Ind. Cas.
Calcutta High Court Cites 27 - Cited by 43 - Full Document

Debendra Nath Sen vs Mirza Abdul Samed Seroji And Ors. on 18 February, 1909

9. The third ground put forward by the appellants is to the effect that Kamini ought not to be allowed to hold the office of shebait as by Reason of her past conduct and present position she is completely disqualified. Our attention has been invited to the fact that in 1883 Kamini executed a mortgage of a portion of the endowed properties and dealt with it in derogation of the trust; it has also been suggested that if a suit is now brought by the mortgagee, Kamini as the mortgagor would, as laid down by the Court in Debendra Nath Sen v Abdul Samad 10 C.L.J. 150 : 1 Ind. Cas. 264, be debarred by the doctrine of estoppel from questioning the validity of the mortgage. Now it may be conceded that a trustee who deals with the trust property for his own personal advantage renders himself liable to be removed. Exparte Phelps (1742) 9 Mod. 357 : 88 E.R. 505. In the present case, however, Kamini executed the mortgage in perfect good faith; she did so at a time when the High Court had declared that there was no vaild endowment and that the property was secular, subject to a religious charge. The mortgage transaction cannot, therefore, be treated as a deliberate act of bad faith and does not by itself disqualify her for the office of shebait.
Calcutta High Court Cites 18 - Cited by 24 - Full Document
1