Mumtaz Ali And Ors. vs Mangal Khan
Judges: Pearson, Oldfield
31 March, 1879·1. The land in this mahal appears to have been recorded as the Khud-kasht+ of the lambardar Mangal Khan, and to have borne a nominal rental of Rs. 79-6-0. In 1282 and 1283 Fasli it is stated to have been underlet by him in part or in whole for Rs. 28-6-0, and in 1284 Fasli to have lain follow. 2. Th...
High Court Of Judicature at Allahabad
Gulab Singh vs Amar Singh And Anr.
Judges: Pearson, Spankie
31 March, 1879·1. On the 19th December 1876, Amar Singh borrowed money from Tota Ram, and mortgaged his zamindari share as security for the repayment of the amount. The agreement was that the mortgagor should remain in possession of his share and pay the interest on the loan annually to the mortgagee who, in the e...
High Court Of Judicature at Allahabad
Madho Das And Ors. vs Rukman Sevak Singh And Ors.
Judges: Pearson, Oldfield
28 March, 1879·1. This appeal has been pending here for more than two years because one of the defendants, respondents, viz., Rukman Sevak Singh, who is a minor, was not properly represented. He is now at last represented by Dip Narain Singh, who has been duly appointed his guardian, and the appeal is ready for he...
High Court Of Judicature at Allahabad
Gobindi vs Ahmad Bakhsh
Judges: Pearson, Spankie
27 March, 1879·JUDGMENT Pearson, J. 1. In the bond executed in favour of the defendant, appellant, there was no stipulation preventing the debtor from repaying the loan advanced to him at any time within the six months after which it was reclaimable. This being so, it cannot be said that any portion of the interes...
High Court Of Judicature at Allahabad
In Re: Gur Dayal vs Unknown
Judges: R Stuart, Pearson, Spankie, Oldfield
27 March, 1879·5. Magistrates and Sessions Judges are, included in the term "Criminal Courts" defined in Section 4 of the Procedure Code. It is impossible to suppose that the Sessions Judge mentioned in Section 37 does not mean the Sessions Court, or that what is said, about the subordinate Magistrates refers to t...
High Court Of Judicature at Allahabad
Shimbhu Narain Singh vs Bachcha And Anr.
Judges: Pearson, Turner, Spankie, Oldfield
25 March, 1879·2. I would, therefore, affirm the decision of the Division Bench, and dismiss the appeal with costs. Spankie, J. 3. Since the hearing of this case, I desire to add that I retain the opinion which I expressed when the case was before the Division Bench. It appears to me that the Full Bench decision o...
High Court Of Judicature at Allahabad
Raghu Nath Das vs Ashraf Husain Khan And Anr.
Judges: Pearson, Oldfield
25 March, 1879·JUDGMENT 1 We are of opinion that the plaintiff's objection to the set-off allowed by the Courts below is valid. Under Section III, Act X of 1877, it is only an ascertained sum of money legally recoverable that can be the subject of setoff, and it is necessary that in such claim both parties fill th...
High Court Of Judicature at Allahabad
Bhola Nath And Anr. vs Baldeo
Judges: Spankie, Oldfield
24 March, 1879·JUDGMENT Spankie, J. 1. Both the bonds were executed in 1872, and as far as the deed of plaintiff, appellant, is affected, the registration law in force at the time of its execution was Act VIII of 1871. By Section 50 every document of the kind mentioned in Clauses (a) and (b) of Section 18 shall, i...
High Court Of Judicature at Allahabad
Muhammad Daim Khan vs The Collector Of Moradabad
Judges: Pearson, Spankie
20 March, 1879·JUDGMENT Pearson, J. 1. In our opinion the ground of appeal is valid and must be allowed. The Bombay High Court's decision in the case of Ganpat Putaya v. The Collector of Kanara I.L.R. 1 Bom. 7 appears to be applicable in the present case. The principle that the Government takes precedence of all o...
High Court Of Judicature at Allahabad
Nikka Mal And Ors. vs Sulaiman Sheikh Gardner
Judges: Pearson, Oldfield
18 March, 1879·JUDGMENT Pearson, J. 1. By the terms of the deed of mortgage, dated 28th May 1869, the mortgagor accepted the liability on account of any addition that might be made to the demand of the Government at the time of settlement. The mortgagees, averring that they have had to pay Rs. 1,907-13-3 in excess...
High Court Of Judicature at Allahabad
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