Q. What are the equivalent citations for Kedar Nath Mukherjee & Others vs Sree Sree Iswar Kalimata of Kalighat & Others ?

The equivalence citation areAIR 1950 CAL 341 ; LQ/CalHC/1949/356 ;

Kedar Nath Mukherjee & Others Vs. Sree Sree Iswar Kalimata Of Kalighat & Others On 20 December, 1949

Q: Q. What was the bench assigned for the case Kedar Nath Mukherjee & Others vs Sree Sree Iswar Kalimata of Kalighat & Others?

HONBLE CHIEF JUSTICE MR. HARRIES, HONBLE MR. JUSTICE BANERJEE

Open iDraf

Kedar Nath Mukherjee & Others v. Sree Sree Iswar Kalimata Of Kalighat & Others

Kedar Nath Mukherjee & Others
v.
Sree Sree Iswar Kalimata Of Kalighat & Others

(High Court Of Judicature At Calcutta)

Family Court Appeal No. 15 Of 1949 | 20-12-1949

Harries, C.J.

1. In this case it is conceded that the value of the suit and the value of the appeal exceed Rs. 10,000. The appeal was allowed in part and portion of the decree of the trial Court was vacated.

2. In these circumstances it appears to us; that the decree of this Court is not a decree of affirmance but is a decree varying the decree of the Court below. That being so the appellants are entitled as of right to a certificate and accordingly we grant leave to appeal and grant as certificate under S. 110, Civil P.C.

3. Costs of this application will be costs in the appeal the hearing fee being assessed at two gold mohurs.

4. Let the supplementary affidavit filed in Court today be kept on the record.

Banerjee, J.

I agree.

Advocates List

For the Appellants Hiralal Chakravarty, Saroj Kumar Maity, Advocates. For the Respondents Pannalal Chatterjee - for Deputy Registrar, Nagendra Kumur Dutt, Satya Charan Pyne, Ajoy Kumar Bose, Nalini Ranjan Bhattacharjya, Subodh Chandra Basak, Advocates.

Bench List

HON'BLE CHIEF JUSTICE MR. HARRIES

HON'BLE MR. JUSTICE BANERJEE

Eq Citation

AIR 1950 CAL 341

LQ/CalHC/1949/356

HeadNote

Civil Procedure Code, 1908 — S. 110 — Appeal to Supreme Court — Leave to appeal — When granted — Varying decree — Leave to appeal granted — Held, where the appeal was allowed in part and portion of the decree of the trial Court was vacated, the decree of the High Court is not a decree of affirmance but is a decree varying the decree of the Court below — Appellants are entitled as of right to a certificate and accordingly leave to appeal and certificate granted — Constitution of India, Art. 133