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1 - 8 of 8 (2.19 seconds)The Specific Relief Act, 1963
The Code of Civil Procedure, 1908
Mahesh Chandra Sadhu And Ors. vs Jogendra Lal Sarkar And Ors. on 22 July, 1927
It must depend upon the meaning of the words used, and in my opinion, 'decision of this application' ought to be construed to mean the 'final'. decision that is to say, the undertaking was in force until a decision had been given by this Court on appeal, or the time limited for appealing had run out. It is curious that there appear to be hardly any reported cases upon this point. The only one I have been able to find is the decision of Mr. Justice Page and Mr. Justice Graham in Mahesh Chandra Sadhu v. Jogendra Lai Sarear , This was a decision relating to the words of Order XXI, Rule 29 in which it is provided that the Court may stay execution of the decree 'until the pending suit has been decided'. It was held that the words 'until the pending suit has been decided' mean 'until the claim in the pending suit has been finally decided', that is to say, by the decree in the Appellate Court. In my opinion, this is the correct view and that was the meaning of the undertaking given by the Controller If that undertaking had been adhered to strictly, the present difficulties would not have arisen. I am satisfied, however, that the breach of this undertaking was not intentional on the part of the Controller.
Section 126 in The Indian Evidence Act, 1872 [Entire Act]
The English And Foreign Languages University Act, 2006
Patent Rules, 2003
Abdul Bari Dewan And Ors. vs Hrishikesh Mittra And Ors. on 31 July, 1928
In the case of Abdul Bari v. Hrishikish Mittra , the late Sir B.B. Ghose described the function of the Civil Court in issuing summonses as. Akin to that of a. post office and it has no power to refuse issue of such summonses.
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