Baij Nath vs Ramjas
Judges: R Stuart, Spankie
16 December, 1879·2. I am, however, clearly of opinion that such an objection is untenable. Section 560 * of the Code of Procedure is not mandatory, but permissive and discretionary. It provides that "when an appeal is heard ex parte in the absence of the respondent, and judgment is given against him (exactly as happ...
High Court Of Judicature at Allahabad
Empress Of India vs Fox
Judges: R Stuart
16 December, 1879·2. The case has now according to. the course of the Court come on for hearing and disposal by myself, both prosecutor and accused being professionally represented, the Government by Babu Dwarka Nath Banarji, the Junior Government Pleader, and the accused by Mr. Chatterji, barrister and advocate of t...
High Court Of Judicature at Allahabad
Chandra Dai vs Audh Kumari And Ors. And Pran Dai ...
Judges: Pearson, Oldfield
15 December, 1879·JUDGMENT Pearson, J. 1. We consider it to be well established by the evidence on the record that Sita Dai is the daughter of Bishan Prasad and sister of the plaintiff in the connected suit. The lower Court's finding on the point appears to be quite right, and the objection taken to it by the plainti...
High Court Of Judicature at Allahabad
Safdar Ali Khan vs Lachman Das And Ors.
Judges: Pearson, Straight
11 December, 1879·3. The Subordinate Judge held that Afzal Ali and Lachman Das were both responsible for the payment of Rs. 20,375, and that the mouza of Chand Khera had been exempted from the operation of the security-bond of the 18th June 1875, with the sanction and consent of the plaintiff. For reasons that will p...
High Court Of Judicature at Allahabad
Empress Of India vs Sabsukh And Ors.
Judges: R Stuart, Pearson, Spankie, Oldfield, Straight
05 December, 1879·Spankie, J. 8. I confess that I entertain doubts in answer to the first question whether a Revenue Court is a Civil Court in the sense of Sections 468 and 469 of the Criminal Procedure Code. A Revenue Court has been defined in Clause (9), Section 3 of Act XIX of 1873. In Section 93(a) of Act XVIII o...
High Court Of Judicature at Allahabad
Jagan Nath Panday vs Prag Singh
Judges: R Stuart, Pearson, Spankie, Oldfield
05 December, 1879·Pearson, J. 3. On the first of the two questions referred to the Full Bench, my opinion is that the grant claimed in this suit is null and void. The grant was not merely a grant of the proprietary right in the land, which was the subject of it, but it was intended to convey the grantee the whole yie...
High Court Of Judicature at Allahabad
Phul Kuar vs Murli Dhar And Anr.
Judges: R Stuart, Spankie, Oldfield, Straight
05 December, 1879·2. It is, therefore, quite clear to me that the deed is an ordinary simple mortgage-deed, by which the mortgagor's house in Ghaziabad is pledged as security for the mortgage-debt, the condition as to payment of the amount within two years pointing to a mere contingency as to the mortgagor's intentio...
High Court Of Judicature at Allahabad
Balak Ram vs Munia And Ors.
Judges: Pearson, Oldfield
01 December, 1879·JUDGMENT Pearson, J. 1. In our judgment all the grounds of appeal are valid and must be allowed. The reasons for which the Court of First instance exempted the daughters and the estate of the deceased Bisram from liability to the plaintiff's claim were sound and incontrovertible; while those assigne...
High Court Of Judicature at Allahabad
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