Ganpatji And Anr. vs Saadat Ali And Ors.
Judges: Pearson, Oldfield
31 March, 1880·2. The defendants, one of whom is the heir of the former owners of the taluka, and the other two are lessees on his part, aver that this alluvial land was not hypothecated to Nawab Jafar Ali Mirza, nor included in the property sold at auction; that the property hypothecated and sold was the original...
High Court Of Judicature at Allahabad
Durga Prasad vs Ram Charan And Anr.
Judges: Pearson, Straight
24 March, 1880·1. The Subordinate Judge's order dated the 25th June 1879, was appealable to the Judge under Section 588 (TO), Act X of 1877, and was made the subject of an appeal to him on the 25th July 1879, before Act XII of 1879 was passed. An order setting aside a sale under the second clause of Section 312, A...
High Court Of Judicature at Allahabad
Karim-Un-Nissa vs Hira Lal
Judges: Oldfield, Straight
23 March, 1880·2. In my opinion, the first plea is valid. The sale took place under the provisions of Act VIII of 1859, and, although Section 258 directs that, whenever a sale of immoveable property is set aside, the purchaser shall be entitled to receive back his purchase-money, this provision applies only to cas...
High Court Of Judicature at Allahabad
Kallu And Ors. vs Gobind Singh
Judges: Pearson, Straight
22 March, 1880·1. This is a first appeal from a decision of the Subordinate Judge of Aligarh of the 30th June 1879. The plaintiffs-respondents sued for possession of mauza Chiti, pargana Chandos, by redemption of a mortgage for Rs. 2,000 executed, as for back as 1835, by Jai Kishan and others, of whom they are the...
High Court Of Judicature at Allahabad
Bikanu vs Moti Bibi
Judges: R Stuart, Spankie
15 March, 1880·1. The plaintiff-respondent sued Tara Kishore and Moti Bibi for Rs. 800, under a bond dated 19th March 1874, executed in favour of Tara Kishore, the plaintiff being the real creditor. Appellant Moti Bibi, defendant, denied that she had borrowed money from plaintiff under any agreement whatever, and ...
High Court Of Judicature at Allahabad
Markundi Dial vs Rambaran Rai And Anr.
Judges: Spankie, Straight
15 March, 1880·1. The defendant, as lambardar, sold his share including the "sir" and "ex-proprietary rights" to the plaintiff. The lower Appellate Court holds that he could not dispose of the ex-proprietary right, as it had not accrued until the defendant had transferred his share in the estate to the plaintiff. ...
High Court Of Judicature at Allahabad
Puran Mal And Ors. vs Padma
Judges: Spankie, Straight
11 March, 1880·1. I have considered the appellants' plea and have come to the conclusion that the finding of the Courts below, that the suit is not cognizable in the Civil Courts, is incorrect. The grants referred to in Section 30, Act XVIII of 1873, and in Section 79, Act XIX of 1873, are those set forth in the p...
High Court Of Judicature at Allahabad
Empress Of India vs Ram Kuar
Judges: R Stuart, Pearson, Spankie, Oldfield, Straight
08 March, 1880·Spankie, J. 5. I am still of the same opinion as I was when I referred the case, that s. 370 of the Penal Code does not meet it. 6. The Sessions Judge makes the following observations in his judgment "Apparently by this Section (370) the traffic in all human beings is prohibited, and when the substa...
High Court Of Judicature at Allahabad
Sardar Mal vs Mazhar Ali Khan And Anr.
Judges: Pearson, Spankie
08 March, 1880·JUDGMENT Pearson, J. 1. The amount of the bond consisted of two items, viz., Rs. 1,650, principal, and Rs. 350, interest in advance at the rate of two per cent, per mensem for the period between the date of the bond and the 16th February 1870, the date on which it was stipualted that the whole amoun...
High Court Of Judicature at Allahabad
Empress Of India vs O'Brien
Judges: R Stuart, Spankie
06 March, 1880·1. The circumstance that the accused, O'Brien, was at the time of the offence of which he was convicted under the influence of drink cannot in the least degree mitigate his guilt. The facts material to the case appear to be these:--On the evening of the 2nd September 1879, the accused O'Brien and a ...
High Court Of Judicature at Allahabad
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