Hardeo Das And Anr. vs Hukam Singh
Judges: R Stuart, Pearson
29 May, 1879·JUDGMENT Pearson, J. 1. The appeal must, in our opinion, prevail. The lower Court has erred in applying the provisions of Section 210, Act X of 1877, to this suit, which is not a mere suit for money but asks for the recovery of the amount of a bond-debt by the sale of the property hypothecated in th...
High Court Of Judicature at Allahabad
Gulab Dai vs Jiwan Ram And Ors.
Judges: R Stuart, Pearson
26 May, 1879·1. The lower Appellate Court's finding that the former suit was withdrawn by the plaintiff is, in our opinion, an incorrect construction of the fact. The fact is that she failed to deposit the talabana required for the purpose of issuing summonses to certain persons whom it was proposed to make defe...
High Court Of Judicature at Allahabad
Jamna vs Machul Sahu
Judges: Pearson, Spankie
23 May, 1879·1. The lower Courts have disallowed the plaintiff's claim to be maintained out of her husband's estate given by him on the 8th January 1850, shortly before his death, to the defendant, who was his nephew and partner in business, and who is stated in the deed of gift to have been adopted by him as a ...
High Court Of Judicature at Allahabad
Jagan Nath Singh vs Surjan Singh
Judges: R Stuart, Pearson
21 May, 1879·JUDGMENT Pearson, J. 1. The first and last of the pleas in appeal are not pressed and are indeed admitted not to be tenable. The second plea is over-ruled in reference to the Privy Council's ruling in the case of Ras Muni Dibiah v. Pran Kishen Das decided on the 27th June 1848 4 Moore's Ind. App. 39...
High Court Of Judicature at Allahabad
Stowell vs Ball
Judges: R Stuart, Spankie
19 May, 1879·2. The bond recites that the sum of Rs. 15,000 borrowed from C.W. Stowell, the plaintiff, respondent, obligee, is to be payable within three years from the date thereof (15th August 1874); that the interest is to be payable half-yearly, namely, on the 30th June and 31st December in each calendar yea...
High Court Of Judicature at Allahabad
Manni Kasaundhan vs Crooke, Secretary To The ...
Judges: R Stuart, Spankie
06 May, 1879·1. The plaintiff appears to have made the Secretary, instead of the President, of the Municipal Committee, defendant. When he asked the Court to make the President defendant, it refused to do so, and the Courts have held that, though the suit as against the Secretary was in time, it was not so again...
High Court Of Judicature at Allahabad
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