Thakur Dial And Ors. vs Debi Parshad And Ors.
Judges: Turner, Pearson, Spankie
27 August, 1875·3. Moreover, "according to the true constitution of an undivided Hindu family, no individual member of the family whilst it remains undivided, can predicate of the joint and undivided property that be has a certain share." --Appovier v. Rama Subba Aiyan 11 Moore's Ind. App. 75; while a Full Bench of...
High Court Of Judicature at Allahabad
Musammat Zakia vs Hamir Singh And Ors.
Judges: Turner, Pearson, Spankie, Oldfield
27 August, 1875·1. Under the Muhammadan law, the estate of a deceased person must be applied to the payment of his funeral expenses and debts before the heirs can make partition of it. The discharge of debts is a matter of necessity, the right of the heirs is connected with the estate on the sole condition of its b...
High Court Of Judicature at Allahabad
Sarfraz And Ors. vs Daia Chand And Ors.
Judges: Turner, Pearson, Spankie, Oldfield
27 August, 1875·2. The terms of the law, an acknowledgment of the mortgagor's title or an acknowledgment of his right to redeem, were not, it may be presumed, intended to be mere tautology. An acknowledgment that a certain person, or his representative, is the proprietor of the estate is an acknowledgment of his ti...
High Court Of Judicature at Allahabad
The Government, North-Western ... vs Shugan Chand
Judges: Turner, Oldfield
26 August, 1875·JUDGMENT 1. It appears to us that the pleas taken in appeal fail. The money was paid under a mistake, and, therefore, the provisions of the 72nd section apply. The Treasury Officer would certainly not have paid the money unless he had believed the requisition was duly signed and countersigned, and t...
High Court Of Judicature at Allahabad
Uda Begam vs Imam-Ud-Din And Ors.
Judges: Turner, Oldfield
26 August, 1875·2. Mr. Justice Story points out the principle on which the rule rests, and it is most important that the principle should be borne in mind in applying the rule: This doctrine of estoppels in pais, or equitable estoppels, is based upon a fraudulent purpose, and a fraudulent result. If, therefore, the...
High Court Of Judicature at Allahabad
Baldeo Das vs Sham Lal
Judges: Turner, Oldfield
26 August, 1875·1. The decree of the Court of First Instance should, in my opinion, be restored. 2. A son, no doubt, takes by birth a vested interest in immoveable ancestral property, and there is authority for considering that his interest in the father's lifetime, and before partition, is a present interest of a ...
High Court Of Judicature at Allahabad
Ghasita vs Musammat Ganga Jati
Judges: Turner, Pearson, Spankie, Oldfield
23 August, 1875·Pearson, J. 4. The question which arises in this case is whether Musammat Ganga Jati is precluded, on account of her unchastity, from keeping possession by right of inheritance, of the estate left by her maternal grandmother. If we are to understand that she is leading a vicious life, she might appe...
High Court Of Judicature at Allahabad
Queen vs Naiada
Judges: Turner, Pearson, Spankie, Oldfield
23 August, 1875·JUDGMENT 1. When the Indian Penal Code was originally drawn, it was in the contemplation of the framers of the measure that no sentence of transportation should be passed for a less period than life, and the Bill was so prepared. When the Bill was before the Council, Section 59 was introduced, which...
High Court Of Judicature at Allahabad
Bisheshar Singh And Ors. vs Parmeshar Rai And Ors.
Judges: Turner, Pearson, Spankie, Oldfield
22 August, 1875·Spankie, J. 2. It appears to me that the question whether a man be alive or dead is one simply of evidence, and has no immediate connection with the devolution of property under the Hindu or Muhammadan law, and its determination should follow the rules of evidence in Act I of 1872. When a person is ...
High Court Of Judicature at Allahabad
Dubey Sahai vs Ganeshi Lal
Judges: R Stuart, Pearson, Turner, Spankie, Oldfield
21 August, 1875·5. In my opinion an order of the first kind passed by a single Judge cannot be impugned or set aside at the hearing of the appeal by the Bench before whom it comes to be heard. For although under the rule of practice of the High Court, an appeal may be admitted by a single Judge and afterwards be he...
High Court Of Judicature at Allahabad
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