Wali-Ul-La vs Ghulam Ali
Judges: Pearson, Spankie
19 December, 1877·Spankie, J. 2. The objection which my honourable colleague would admit was never urged in the first Court, nor in appeal. It is not oven one of the pleas in the memorandum of special appeal in this Court. It was raised for the first time at the hearing of the appeal. I am doubtful whether we should ...
High Court Of Judicature at Allahabad
Hasan Ali And Anr. vs Mehdi Husain And Ors.
Judges: Spankie, Oldfield
18 December, 1877·1. We may, however, observe that we should be disposed to accept the Judge's finding on the merits. Even if the plea, that Musammat Husaini was not the legal guardian of the appellants when she made the sales, was good, wo think that the plea is not one to he taken in special appeal for the first ti...
High Court Of Judicature at Allahabad
Empress Of India vs Kampta Prasad
Judges: R Stuart, Spankie
15 December, 1877·2. It appears to me that Section 165 more nearly applies, and that as the accused was the subordinate of the Deputy Magistrate who had tried and closed the case, and asked for a reward, the one rupee, after the case was over, he is guilty of accepting "a valuable thing," and without reference to any...
High Court Of Judicature at Allahabad
Husain Bakhsh vs A.D. Madge
Judges: Pearson, Spankie
07 December, 1877·JUDGMENT Pearson, J. 1. The Judge apparently holds the present application, dated 5th April last, for the execution of the decree of the 20th February 1874 to be barred because no previous application of the nature described in Section 212, Act VIII of 1859, had been made. But such an application co...
High Court Of Judicature at Allahabad
Parmeshar Das And Anr. vs Sahib Zadah And Ors.
Judges: Turner, Spankie
06 December, 1877·JUDGMENT Turner, J. 1. We are not satisfied that a conditional decree was improper in this case. It does not appear that the appellants ever rendered any accounts; indeed, they denied they were in possession as mortgagees, and inasmuch as no agreement had been made as to the amount at which the prof...
High Court Of Judicature at Allahabad
Altaf Ali vs Lalji Mal And Anr.
Judges: R Stuart, Pearson, Turner, Spankie
03 December, 1877·1. It appears to me that the Calcutta rulings referred to in the order of reference expound the law correctly. 2. The Subordinate Judge says that the defendant held possession of the villages without any reason or right, and he therefore concludes that he is not entitled to any collection-fee or vil...
High Court Of Judicature at Allahabad
Inam Begam vs Abadi Begam
Judges: Spankie, Oldfield
03 December, 1877·1. The second plea, too, cannot be maintained. The first Court found on the evidence of five witnesses that, immediately on hearing of the sale, the plaintiff fulfilled the conditions of the Muhammadan law by immediately asserting her claim and by affirmation before witnesses. The Judge affirmed thi...
High Court Of Judicature at Allahabad
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