Sada Shankar And Anr. vs Brij Mohan Das
Judges: Blair, Aikman
29 June, 1896·JUDGMENT Blair and Aikman, JJ. 1. Mr. Ghulam Mujtaba's preliminary objection to the hearing of this appeal must prevail. A cause is none the less a cause cognizable by a Court of Small Causes, because that Court exercised the discretion conferred on it by Section 23 of the Provincial Small Cause Cou...
High Court Of Judicature at Allahabad
Jiwat Dube vs Kali Charan Ram And Ors.
Judges: Blair, Aikman
28 June, 1896·JUDGMENT Blair and Aikman, JJ. 1. This is the appeal of a decree-holder. The sole point urged upon us is one of limitation. It has been found that the application before the Court below was an application not made within three years of a previous legal application. The facts are these. An ex parte d...
High Court Of Judicature at Allahabad
Balmakund And Ors. vs Dharma And Ors.
Judges: Banerji
18 June, 1896·JUDGMENT Banerji, J. 1. The suit out of which this appeal has arisen was brought for the redemption of a mortgage, which was alleged by the defendants to have been made more than one hundred years before the date of the suit. The averment of the defendants as to the date of the mortgage was not repu...
High Court Of Judicature at Allahabad
Chiranji Lal And Ors. vs Dharam Singh
Judges: Banerji
16 June, 1896·JUDGMENT Banerji, J. 1. This appeal arises out of proceedings relating to the execution of a decree passed in favour of the appellants. The facts of the case are these. One Moti Singh made a simple mortgage of some property in favour of one Durga Prasad in 1871. [456] He afterwards made a usufructua...
High Court Of Judicature at Allahabad
Shib Singh vs Mukat Singh And Ors.
Judges: J Edge, Kt, Blennerhassett
10 June, 1896·JUDGMENT John Edge, Kt., C.J. and Blennerhassett, J. 1. Shib Singh was the purchaser at an auction sale held by the Collector in execution of a decree, the execution of which had been transferred under Section 320 of the Code of Civil Procedure to the Collector. The Collector acting under Section 31...
High Court Of Judicature at Allahabad
Sham Chand And Ors. vs Bahadur Upadhia
Judges: J Edge, Kt, Blennerhassett
09 June, 1896·1. This was a suit by the zamindar to recover his haq-i-chaharum, which was payable by the custom of the place to the zamindar on a sale. The suit was brought more than three years after the sale and within six years from the sale. The question is whether Article 62 or Article 120 of the second sche...
High Court Of Judicature at Allahabad
Abbasi Begam vs Afzal Husen And Anr.
Judges: Blair, Burkitt
09 June, 1896·JUDGMENT Blair and Burkitt, JJ. 1. This is a second appeal of a plaintiff in a preemption suit. The lady who is the pre-emptor and appellant here has open defeated by a finding of the Lower Appellate Court that she has not fully satisfied the requirements of the Muhammadan law in making the talab-i-...
High Court Of Judicature at Allahabad
Debi Dial And Ors. vs Rajjo Kuar And Anr.
Judges: J Edge, Kt, Blennerhassett
09 June, 1896·1. This was a suit brought by several separate creditors of a debtor to avoid a deed of gift of the 1st of April 1891 in favour of the defendants Nos. 2 and 3 and made by the defendant No. 1, on the ground that it was made with intent to defeat or delsiy the several plaintiffs as creditors of the tr...
High Court Of Judicature at Allahabad
Anandi Prasad And Anr. vs Dan Bahadur Singh
Judges: J Edge, Kt, Blennerhassett
09 June, 1896·JUDGMENT John Edge, Kt., C.J. and Blennerhassett, J. 1. This was a suit on a hundi given by the defendant to the plaintiffs for Rs. 1,500. The plaintiffs in a previous suit had sued the defendant on a bond and had claimed a large amount for interest amongst other things. A sum of Rs. 1,500 which the...
High Court Of Judicature at Allahabad
Ibrahim Ali And Anr. vs Mohsin Ali
Judges: J Edge, Kt, Knox, Blair, Banerji, Aikman, Blennerhassett
08 June, 1896·2. On behalf of the respondent it was contended that a decree which was in accordance with Section 522 was under all circumstances unappealable. 3. On behalf of the appellants it was contended that when objections are taken under Section 521 to an award an appeal lies from a decree made under Sectio...
High Court Of Judicature at Allahabad
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