CiteTEXT
...1935 did not take any steps to have the decree drawn up as required under the Original Side Rules of the Calcutta High Court until 1954, when she commenced proceedings for sale ...her, and on that, a final decree was passed on April 20, 1936. Under r. 27 of ch. 16 of the Original Side Rules of the Calcutta High Court, a person in whose favour a de...against an order of the High Court of Calcutta dated August 6, 1956, rejecting the application of the appellant to be brought on record as appellant in appeal No. 152 of 1955 pending befo...
...place of residence. The Rule 5A of chapter 25 of the Original Side Rules of Calcutta High Court is only applicable in case of initial grant. In support...having taken any steps for revocation of the original probate granted by the Court at OHIO, they cannot claim in this application for revocation of the extention of probate passed by this Court... The Court
1. This application has been filed for revocation of probate granted of by virtue of the order dated 16th February, 1998 Passed In P.L.A. No. 85 of 1998...
...devolved in case of intestacy together with a present place of residence. The Rule 5A of chapter 25 of the Original Side Rules of Calcutta High Court i...been further submitted that till date neither the petitioner nor the other respondents having taken any steps for revocation of the original probate granted by the Court at OHIO, they cannot claim in...The Court:— This application has been filed for revocation of probate granted of by virtue of the order dated 16th February, 1998 Passed in P.L.A No. 85 of 1998, petitioner has claimed...
...Chapter 25 of the Original Side rules of Calcutta High Court is only applicable in case of initial grant. In support of his contention he relied upon a judgment...taken any steps for revocation of the original probate granted by the court at OHIO, they cannot claim in this application for revocation of the extention of probate passed by this Court...322 in the case of, and In the Goods of: James Muri Crawford.
(12) SINCE the original application for grant of probate filed before the probate Court at ohio is not enclosed...
...under article 136 of Constitution- Extent of Rule 9, Order XIII, of Supreme Court Rules-Rules and Practice of High Courts-Formal motion in High Court for
...furnishing of security or making of deposits are complied with. Appeals under Article 136 thus stand on a different footing from appeals on grant of certificate by the High Court itself. In the letter case...summons to the appellants to show cause why the special leave obtained by the latter should not be rescinded in accordance with the provision of Order XIII, rule 13 of the Supreme Court Rules.
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...established by the Royal Charter.6. By virtue of the issuance of the letters patent, the High Courts of Calcutta, Bombay and Madras came to be known as the Chartered ...would apply to the Original Side Rules, but where no other provision is made by the Code or by the said Rules, the procedure and practice in existence would continue to remain in force.9....provision by the Division Bench of the Calcutta High Court which calls for interpretation in the instant proceedings.18. The facts of the case resulting in the judgment under a...
...proceeding are not in dispute and may be briefly stated. The first petitioner is an advocate of this Court and his name is also on the roll of advocates of the High Court of ...a Rule made by the High Court to appear, plead and act on the original side as well — vide In the Matter of the Petition of the Attorneys (1876-78) ILR 1 Mad 24 — but the cleavage...the roll of which he was not entered as, an advocate. The petitioner was accordingly not within the purview of the section in relation to the Calcutta High Court of which he was a...
...decree for ejectment and the court may permit him to do so.”(b) Our attention has been drawn to two provisions of the Rules framed by the Calcutta High ...suit ex parte was, therefore, legal and valid. The contrary view taken by the High Court is erroneous in law.”12. A brief reference may now be made to the conflict of decisions ...the court should proceed as if the defendant had not entered appearance at all, the tenant's position cannot be worse than that of a similarly placed defendant under the Original Side Rules of the...
...suit for recovery of certain sums of money and an application made therein under Chapter XIII-A of the Original Side Rules and the High Court of Calcutta reject...S. Rajendra Babu, J.— This petition is filed against the judgment passed by the High Court of Calcutta affirming a decree passed by the learned Single Judge of the High ....4. That several claims have been included in the suit in respect of which another suit has been filed in the Madras High Court and, therefore, the amount could not be...
...raised in the instant case in a proceedings for Originating Summons come within the scope of the procedure relating to Originating Summons under Chapter XIII of the Original Side Rules of ...that the jurisdiction of a Judge under Chapter XIII of Calcutta High Court Rules in a proceedings for Originating Summons is summary in nature. His Lordship was pleased to hold that even if it is ...the High Court of Judicature at Calcutta has all the powers of a Chancery Judge in England even then proceedings under Originating Summons have conferred...
...in Rule 6 of Chapter XIIIA of the Original Side Rules of Calcutta High Court.
Before proceeding to address the issue as indicated above, t...under Order XII Rule 6 of the Code and Rule 1 of Chapter XIIIA of the Original Side Rules of this Court which runs thus:--
"Order XII...
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL...
...appeared in the scrutiny list of the Master under the Rules of the original side of the Calcutta High Court. No one appeared on behalf of the additional plainti...Calcutta High Court and the practice followed in that Court, a dismissal of the suit under Rule 35 of Chapter X of the Original Side Rules amounts to a judgment...suit dismissed under Rule 35 of Chapter X of the Original Side Rules of the Calcutta High Court is maintainable and if it is maintainable whether an application could be...
...Registrar, Original Side, High Court, Calcutta along with all accrued interest and income generated on the entire sum of security after retaining his usual commission of 1% as per the ....It is agreed between the parties now that the Registrar, Original Side, Calcutta High Court, shall release and return to the defendants all accrued interest and income generated on the ent...the Calcutta High Court. Such payment at the first instance will be made over by the Registrar, Original Side, High Court, Calcutta vide cheque or demand draft drawn in favour ...
...12 in Chapter 35 of Original Side Rules of Calcutta High Court. It is also pointed out by him that although notice sent in the name of the defendant No. 1 came ...provisions of Section 283(1)(c) of the Succession Act, 1925 by the Division Bench of our High Court that only a real interest however small in the estate of the deceased...perusal of the facts of the said judgment and the decision taken by the learned single Judge of Delhi High Court it appears that after having considered all the circumstances the learned Judge came to the...
...J.S Verma, J.— Is omission of the witness' signature on his deposition recorded on commission, as required by Rule 4 of Chapter XXII of the Calcutta High Court ...objection raised by Shri M.K Ramamurthi, learned counsel for the respondents, this is the main point for decision on merits to be answered with reference to Rule 4 of Chapter XXII of the Calcutta High ...to the construction of Rule 4 of Chapter XXII of the Calcutta High Court Rules, 1914, applicable to the Original Side.10. In the above Admiral...
.../- (Rupees Twenty Five Thousand) only being the amount of commission payable on the said sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs) only to the Registrar, High Court, Original Side, ..., High Court, Original Side, Calcutta, the said guaranteed sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs) only being the amount secured under this Guarantee Bond together with a sum of...Hon'ble High Court at Calcutta, Original Side, totalling to the said sum of Rs. 25,25,000/- (Rupees Twenty Five Lakhs and Twenty Five Thousand) only.”Mr. Abhrajit...
...defect of jurisdiction, was analogous to that defect. There an attorney had made an application under Chapter 38, Rule 48, Original Side Rules of the Calcutta High Court, for an ...A.N Grover, J. (For himself and Shah, J.)— This is an appeal by certificate from a judgment of the Calcutta High Court in which the sole question for determination is whether...Calcutta High Court who tried the suit decreed the claims of the plaintiffs and made a similar decree in favour of the defendants. The High Court in its appellate jurisdiction, while affi...
...effecting by deed inter vivos certain changes in the trust. To enable him to do so he took out an originating summons on the original side of the Calcutta High Court under Chapter XIII of...exercise of his inherent powers as a judge sitting on the original side of the Calcutta High Court. It was argued that a judge sitting on the original side of t...make that order. Hence the real question is had he that inherent jurisdiction? Chapter XIII of the Calcutta High Court Rules prescribes what orders can be obtained in an originating summons proceedings...
...application for restoration is not in form as required under Order XXXVI read with Rule 48 of the Rules of this Court relating to ...GA No.4074 of 2017 APO No.85 of 2016 GA No.977 of 2016 WP No.267 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SRI...Article 226 of the Constitution of India, the application for restoration is allowed subject to necessary amendments to the first page of th...
...York. However, Rule 16 of Chapter 15 of the Original Side Rules of Calcutta High Court appears to exclude the U.S.A from its operation. This Rule was brought into effect...the High Court at Singapore. Accordingly, the rule of reciprocity as envisaged under Section 14 of the Notaries Act, 1952...Bench decision of Delhi High Court in Electric Construction & Equipment Company Ltd.… v. Jagjit Electric Works….) reported at...