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Nov 03 1932 (PC)

Kanhayya Pershad Vs. Gopikishen Ram Dayal

Court : Andhra Pradesh

Reported in : 143Ind.Cas.29

1. Arguments were heard from the records it appears that the suit was decreed ex parte and the application was presented to set it aside. The learned Judge of the Original Side allowed the application and made the following order:The original decree dated 11th Amerdad 1341 Fasli is set aside to the extent of interest allowing the remaining decree to Stand.2. Against this order the miscellaneous appeal has been filed, before us. There is no doubt that under the law a court has got powers to decree the suit in respect of the matters admitted and to proceed with the suit in respect of the matters dispute. This seems to be the Underlying idea of the original court. But the difficulty is that there is no provision to, allow the farmer decree to stand. When the ex parte judgment is set aside the decree based on that judgment will be deemed to cease to be nullus functo. There is no provision in law to set aside an ex parte order in part. As stated above, ordinarily the ex parte decree will be...

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Oct 27 1932 (PC)

Shahabad Cement Company Vs. H.E.H. the Nizam's Government

Court : Andhra Pradesh

Reported in : 143Ind.Cas.591

1. The Government as per their letter of Reference No. 201 dated the 31st Khurdad 1341 Fasli has referred the following point s for decision under Section 55 of the Hyderabad Stamp Act No. IV of 1331 Fasli Section 57 of Act II of 1899:(i) Whether the stamp duty on the document in question should be levied under Articles 29, 40 Clause (a) of the Stamp Act; as on a conveyance or under Clause (b) as on a bond.(ii) Has the application been properly presented to the Chief Controlling Revenue Authority for decision under Section 43 of the Hyderabad Stamp Act (Section 45 of the Indian Stamp Act No. II of 1899)? Can he pass orders irrespective of the bar of limitation?(iii) Are the present proceedings barred by limitation? Are there sufficient reasons for condoning the delay and can the delay be condoned?2. We heard the arguments of the parties and considered the materials on the record. It appears that a Debenture Trust Deed was executed by the Shahabad Cement Company Ltd. When it was present...

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