Umrao Chand vs Bindraban Chand And Anr.
Judges: J Edge, Kt, Banerji
23 March, 1895·1. This is an appeal brought under Section 10 of the Letters Patent from the judgment or decree of our brother Knox. Our brother Knox had before him an appeal from an order made by the District Judge of Agra under Act No. V of 1881 granting probate of a will propounded before him. 2. A preliminary o...
High Court Of Judicature at Allahabad
Jagan Lal And Anr. vs Imdad Ali
Judges: J Edge, Kt, Banerji
23 March, 1895·1. The respondents to this appeal under the Letters Patent brought a suit against one Muhammad Jalil and one Musammat Hamid-un-nissa for possession of certain property. Musammat Hamid-un-nissa died before the decree was made in that suit, and the decree was made as against her and Muhamrriad Jalil w...
High Court Of Judicature at Allahabad
Amjad Ali And Ors. vs Mushtaq Ahmad And Anr.
Judges: Burkitt
19 March, 1895·JUDGMENT Burkitt, J. 1. This is an appeal in a pre-emption suit. One Muhammad Sadrtiq, a co-sharer, sold a small property to Mushtaq Ahmad and Muhammad Israil. Mushtaq Ahmad is a co-sharer in the same thok with the vendor. Muhammad Israil is not a co-sharer, but is the nephew of Mushtaq Ahmad and th...
High Court Of Judicature at Allahabad
R. Wall And Anr. vs J.E. Howard And Ors.
Judges: Burkitt, Aikman
18 March, 1895·4. In the case of Banno Bibi v. Mehdi Husain I.L.R. 11 All. 375, it WHS held by this Court under ss.588 and 591 of the Code of Civil Procedure, following certain cases in the Madras High Court that no appeal lay from an order of a single Judge refusing leave to appeal in formd vanperis. For similar ...
High Court Of Judicature at Allahabad
Madan Mohan vs Kallian Mal
Judges: Knox, Aikman
18 March, 1895·1. The ground taken in the memorandum of appeal is that the record of rights has been misconstrued by the Lower Appellate Court, and that on a true construction of the record the respondent has no right to pre-empt and his suit should have been dismissed. The respondent was plaintiff in the Court of...
High Court Of Judicature at Allahabad
Queen-Empress vs Ajudhia Prasad
Judges: J Edge, Kt, Banerji
16 March, 1895·JUDGMENT John Edge, Kt., C.J. and Banerji, J. 1. It is very probable that Ajudhia Prasad's evidence given in December was false evidence, but it has not been shown to us that it has been proved to have been false evidence. The evidence given in December was inconsistent in material points with the s...
High Court Of Judicature at Allahabad
Rang Lal Singh vs Ram Din And Ors.
Judges: Burkitt
15 March, 1895·JUDGMENT Burkitt, J. 1. This is an appeal in a pre-emption suit. The vendor, one Ram Khilawan, by a registered sale-deed dated the 6th of June 1887, sold certain property to one Sheoraj Ahir. Subsequently, in May 1888, a suit was instituted by one Bharos to pre-empt that property on the ground that ...
High Court Of Judicature at Allahabad
Bhikhari Das And Anr. vs Dalip Singh And Ors.
Judges: J Edge, Kt, Banerji
08 March, 1895·1. This appeal has arisen oat of a suit, for sale under Section 88 of Act No. IV of 1882. A portion of the property mortgaged was, subsequently to the mortgage, sold to one of the defendants. It was the property known as Fatehpur Shamshoi. The Subordinate Judge gave the plaintiff a decree, but he li...
High Court Of Judicature at Allahabad
Lakhmi Chand vs Ballam Das
Judges: Aikman
06 March, 1895·1. On the 18th of May 1887 Lakhmi Chand, the appellant in the case, got a decree against certain persons, amongst whom were two men named Sham Chand and Shiam Sundar Lal. These two judgment-debtors had, on the 24th of December 1884, got a decree against one Ballam Das, the respondent in this appeal....
High Court Of Judicature at Allahabad
Manohar Singh vs Sumirta Kuar
Judges: Knox, Burkitt
06 March, 1895·JUDGMENT Knox and Burkitt, JJ. 1. The sole point which arises for decision in this second appeal is whether the Courts below have erred in law in throwing the burden of proof of actual payment of the mortgage-money on appellant, who was plaintiff. 2. There is no doubt that if the burden of proof was...
High Court Of Judicature at Allahabad
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