Seth Gobind Dass vs Major-General Showers
Judges: R Stuart, Pearson
28 May, 1877·1. We are disposed to hold that the irregularities in publishing and conducting the sale are such as to render it invalid. 2. The place where the sale was to take place was not described with sufficient distinctness, nor was proclamation made on the spot as required, and there is no reason why the r...
High Court Of Judicature at Allahabad
Lalji Mal vs Param Singh
Judges: Turner, Oldfield
28 May, 1877·5. On the 2nd March 1870, the appellant presented another application for execution, but immediately afterwards, he informed the Court ho did not desire to proceed with it, and that, if any settlement took place, a sulelmamah would be filed. 6. At last, in 1872, the appellant seriously took proceedi...
High Court Of Judicature at Allahabad
Girdhari And Ors. vs Sheoraj And Ors.
Judges: R Stuart, Oldfield
28 May, 1877·2. This suit was brought in the Court of the Subordinate Judge of Mirzapur by all the mortgagors, or rather the parties who now represent the original mortgagors, for redemption of the entire property mortgaged, and authority was asked, under Section 13+ of Act VIII of 1859, to try the suit in the C...
High Court Of Judicature at Allahabad
Ambika Dat vs Sukhmani Kuar And Anr.
Judges: Turner, Oldfield
25 May, 1877·1. On the question of the character of the family whether in union or divided there is not much reliable evidence either way. It is for the defendants to make out a sufficient case showing partition, but with the exception of the facts that there was a quarrel between Maneshar Ram and Dhaneshar Earn...
High Court Of Judicature at Allahabad
Ballabh Das vs Sunderdas And Ors.
Judges: Spankie, Oldfield
18 May, 1877·1. We are of opinion that the Judge has not properly considered the effect of the auction-purchase of the respondent on the constitution of the joint family and the joint property; that purchase by introducing a stranger as owner of the rights and interests of two of the members of the original undi...
High Court Of Judicature at Allahabad
Madho vs Sital And Anr.
Judges: Spankie, Oldfield
09 May, 1877·4. The defendant Sadho contends that the plaint discloses no ground of action, and the property in suit having been acquired by Sital, he was at liberty to dispose of it as he pleased. 5. The Munsif held that, if the Hindu law did not allow the gift, the plaintiff had good cause of action. On the po...
High Court Of Judicature at Allahabad
Hurst vs The Mussoorie Bank
Judges: R Stuart, Spankie
03 May, 1877·4. That the Rs. 6,000 paid for Mohkampur was her money and not her husband's is, I think, very plain. In the first place, the Subordinate Judge himself says that Mr. Hurst got hold of the legacy money, in the next place the respondents, defendants, argued their case here, as they appear to have done...
High Court Of Judicature at Allahabad
Basant Ram vs Kolahal And Ors.
Judges: R Stuart, Oldfield
02 May, 1877·JUDGMENT 1. If it had been necessary to make Ram Kishen a defendant in this case, the procedure should have been as provided by Section 4 of Act XXIII of 1861, and the sanction of the proper Court in Calcutta obtained, but we do not consider that it was necessary to implead him at all even if he had...
High Court Of Judicature at Allahabad
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