Lachman Singh vs Mohan And Anr.
Judges: R Stuart, Spankie, Oldfield, Straight
28 November, 1879·5. The plaintiff appealed to this Court and his first plea is that, whereas the claim as against respondents was dismissed by the Court of First Instance, the defendants, respondents, could not appeal from that decree to the lower Appellate Court, whose decision was therefore bad in law. This plea l...
High Court Of Judicature at Allahabad
Umrao Begam vs The Land Mortgage Bank Of India
Judges: R Stuart, Pearson, Spankie, Oldfield
18 November, 1879·2. I may here observe that the report of my judgment in that Full Bench case is not quite correct in one particular. I am there made to say that "I consider that the words 'or otherwise' must be understood to be a general expression controlling the particular words which go before," should have been...
High Court Of Judicature at Allahabad
A.B. Miller, Official Assignee To ... vs Sheo Prasad
Judges: R Stuart, Pearson
17 November, 1879·2. Some English cases were referred to at the hearing on the part of the appellant and they appear fully to support his contention. Thus in Strachan v. Barton 25 L.J.N.S. Ex., 182 it was laid down that, in order to make a payment to a creditor by a bankrupt a fraudulent preference, the bankrupt must...
High Court Of Judicature at Allahabad
Mahesh And Anr. vs Ramadhin And Ors.
Judges: R Stuart, Oldfield
17 November, 1879·2. The suit before us was brought for filing an award under Section 525, Act X of 1877. The Subordinate Judge has decreed the claim, and the first question we have to determine is whether the appeal now preferred by the defendants is maintainable. By Section 525 the application made under that secti...
High Court Of Judicature at Allahabad
Jag Ram vs Bhupal
Judges: R S Oldfield
17 November, 1879·1. In this case one Jawahir, in the course of execution of a Small Cause Court decree against him at the suit of the plaintiff, had by a petition in the execution department, dated the 19th December 1871, agreed to pay the debt by yearly instalments, and the petition then proceeds as follows:--"In c...
High Court Of Judicature at Allahabad
Sheo Prasad Ram vs Ranjit Singh And Raghu Nandan Ram
Judges: R Stuart, Spankie
17 November, 1879·3. This contention on the part of the appellant must be allowed. As a general rule there can be no doubt that a Judge under the present procedure law, Act X of 1877, is acting within his powers when he orders a party in the position of this Ranjit Singh to be made a respondent in an appeal before hi...
High Court Of Judicature at Allahabad
Surja Prasad vs Bhawani Sahai
Judges: R Stuart, Spankie
17 November, 1879·1. It is unnecessary to consider the findings of the. lower Courts in this case, as the objection taken on the ground of the suleh-nama not having been registered is fatal to the plaintiff's claim, and the appeal must therefore be dismissed with costs. There is also an objection that the document do...
High Court Of Judicature at Allahabad
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