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Maharaja Jagadindra Nath Roy Bahadur vs Rani Hemanta Kumari Debi, Bhaba Prasad ... on 28 June, 1911

9. This is essentially the same view as that taken by the learned Judges in the lower appellate Court, and any other view would in our opinion conflict with the rule laid down in Jagadindra Nath Roy v. Hemanta Kumari ('08) 31 IA 203. It was further argued that in view of the definite findings of the Court of first instance, the learned subordinate Judge's finding that the suit was brought under the inspiration of the shebait and that the prayers for relief against the latter were added merely as a dodge to enable the plaintiff to maintain the suit, was not justified. In the argument it was pointed out that the learned Munsif gave a number of reasons for his finding, and that those reasons were not discussed in the judgment of the learned subordinate Judge. The learned subordinate Judge gave reasons for his finding, which seemed to him conclusive. We are unable to hold that a judgment of reversal is not a proper judgment merely because all the reasons given by the original Court are not discussed. If the reasons given by the appellate Court are so cogent as to justify the finding, no discussion of other less convincing reasons seems to us necessary. In the present case, the reasons given by the learned subordinate Judge were of such a nature; and omission to discuss all the reasons given by the original Court was perfectly justified. In the result therefore we are of opinion that this appeal must be dismissed. A cross-objection was filed by some of the transferee respondents. In our opinion, it is not necessary for us to consider that cross-objection at all and we do not therefore decide any of the questions raised therein. Hence ordered that the appeal is dismissed with costs. No order is passed on the cross-objection.
Bombay High Court Cites 0 - Cited by 131 - Full Document

Promatha Nath Mullick vs Pradyumna Kumar Mullick And Anr. on 1 June, 1922

Pramatha Nath Mullick v. Pradyumna Kumar Mullick merely lays down that in a dispute between co-shebaits regarding the location of the idol, the idol should be represented by a disinterested third party and that persons interested in the worship should also be joined as parties. In our opinion these rulings are no authority for the view that in a suit for declaration that immovable property is the debutter property of an idol, the idol, as distinct from the shebait, is a necessary party.
Calcutta High Court Cites 0 - Cited by 30 - Full Document

Abdur Rahim vs Syed Abu Mahomed Barkat Ali Shah on 2 December, 1927

In the judgment in Abdur Rahim v. Mahommed Barkat Ali ('28) 15 AIR 1928 PC 16 two questions only were dealt with viz., whether the suit was 'maintainable in view of the provisions of Sub-section (2) of Section 92, Civil P.C. 1908;' and whether the suit was 'barred by the rule of res judicata under Expln. 6, Section 11 of that Code.' The extent of the right of a worshipper at a mosque to maintain such a suit was not discussed; and it is not possible to ascertain from that decision whether the right (which was not there denied) was an unqualified right or was a right peculiar to Mahomedans under the Mahomedan law.
Bombay High Court Cites 7 - Cited by 109 - Full Document

(Sree Sree Banku Behary Thakur And ... vs Amode Lal Barman And Ors. on 4 June, 1937

In Panchkarl v. Amode Lal it was stated that when the shebait himself is negligent or alienates debutter property in breach of trust, not only a prospective shebait under the terms of the grant but any member of the family in case of a family endowment may maintain the suit on behalf of the deities to recover that property from a trespasser.
Calcutta High Court Cites 3 - Cited by 7 - B K Mukherjea - Full Document
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