Lalman vs Gopi Nath
Judges: J Edge, Kt, Blair
18 December, 1896·JUDGMENT John Edge, Kt., C.J. and Blair, J. 1. In our opinion Section 357 of the Code of Civil Procedure provides a limitation of its own and in substitution for the limitation provided for the execution of decrees by the Indian Limitation Act, 1877. It could not have been the intention of the Legis...
High Court Of Judicature at Allahabad
Ram Lal And Ors. vs Tulsa Kaur And Ors.
Judges: J Edge, Kt, Blair
17 December, 1896·2. It seems to have been assumed by the Court below that it was at liberty to do, without reference to the Transfer of Property Act, 1882, that which the Court of Chancery in England used to do in suits for foreclosure, namely, to extend the time within which the mortgage money might be paid; and th...
High Court Of Judicature at Allahabad
Bashir-Ud-Din vs Jhori Singh
Judges: J Edge, Kt, Blair
16 December, 1896·1.The appellant here, Rani Indo Mati, applied to be brought on the record of a suit for foreclosure in which a decree under Section 86 of the Transfer of Property Act, 1882, had been made, and to have the day appointed for the payment postponed. She claimed to be the representative in interest of th...
High Court Of Judicature at Allahabad
Birju Singh vs Ram Saran Singh And Ors.
Judges: Burkitt
12 December, 1896·JUDGMENT Burkitt, J. 1. This is defendants' appeal. The facts briefly appear to be that the Raja of Jaunpur, who is zamindar of the lands which form the subject matter of this appeal, recently gave a lease of them to the plaintiff. The plaintiff proceeded to reclaim those lands and bring them into c...
High Court Of Judicature at Allahabad
Bhagwati Prasad vs Jamna Prasad
Judges: J Edge, Kt, Blair
12 December, 1896·JUDGMENT John Edge, Kt., C.J. and Blair, J. 1. This is an application under Section 622 of the Code of Civil Procedure. The property of Jhori Singh, the respondent here, had been sold in execution of a decree. The last of the thirty days allowed to a judgment-debtor for making the deposit under Sect...
High Court Of Judicature at Allahabad
Bhairon And Anr. vs Janki
Judges: J Edge, Kt, Burkitt
09 December, 1896·2. It is contended on behalf of the respondents that, the will not containing any words to show that Debi Din intended that Lachminia should take an estate of inheritance which she could alienate of her own free will, the will gave her nothing beyond what she would have taken had there been no will....
High Court Of Judicature at Allahabad
Umardaraz Ali Khan And Ors. vs Wilayat Ali Khan
Judges: Banerji, Aikman
09 December, 1896·1. The plaintiffs in the suit out of which this appeal has arisen are the heirs of Mansab Ali, who died on the 10th of August 1878. On the 18th of June 1878 he made a will by which he devised certain property to his heirs; he made a waqf of certain other property; and died intestate as regards the r...
High Court Of Judicature at Allahabad
Nathu Wilson vs C.H. Mcafee And Anr.
Judges: J Edge, Kt, Burkitt
03 December, 1896·JUDGMENT John Edge, Kt., C.J. and Burkitt, J. 1. This is an appeal from an order under the Indian Trusts Act, 1882 (Act No. II of 1882) refusing to remove a trustee. Mr. Ryves has objected that no appeal lay. Mr. Banerji contends that the order was a decree, as that word is defined in Section 2 of t...
High Court Of Judicature at Allahabad
Muhammad Ali Khan vs Puttan Bibi And Ors.
Judges: J Edge, Kt, Burkitt
02 December, 1896·JUDGMENT John Edge, Kt., C.J. and Burkitt, J. 1. A Muhammadan lady, who was entitled to something more than eleven lakhs of rupees as her dower, died. Her husband appears to have discharged that portion of the dower debt which was inherited by his son by the transfer of some property. The husband al...
High Court Of Judicature at Allahabad
Mahadei vs Shiam Lal And Ors.
Judges: J Edge, Kt, Burkitt
01 December, 1896·1. This appeal has arisen in a suit which was brought to recover certain movable property, alleged to belong to the plaintiff, which had been sold for an arrear of revenue due by some of the defendants, or for the value of the property, and to have the sale set aside. The first Court dismissed the s...
High Court Of Judicature at Allahabad
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