Sunder Singh And Ors. vs Ghasi And Ors.
Judges: Blair, Banerji
30 May, 1896· 1. This is a suit brought under Section 42 of the Specific Belief Act, 1877 (Act No. I of 1877). The property, which has been claimed by a decree-holder as property answerable in execution for a debt found to be due to him, is one of which attachment had taken place but possession remained with the...
High Court Of Judicature at Allahabad
Sheo Prasad And Anr. vs Lalit Kuar
Judges: J Edge, Kt, Blennerhassett
28 May, 1896·2. It has been contended by Mr. Foy that, notwithstanding that his clients the plaintiffs failed to prove their cause of action, I use the term advisedly, which they alleged in their plaint, namely, a cause of action, one essential ingredient of which was the proof of the mortgage alleged by them of...
High Court Of Judicature at Allahabad
Shankar Dial vs Muhammad Mujtaba Khan And Ors.
Judges: Banerji, Aikman
27 May, 1896·1. This appeal arises out of a suit brought by Shankar Dial, the appellant, who purchased from Musammat Afsari Begam, the wife of Sadar-ud-din Khan, deceased, a portion of the dower debt alleged by her to be due out of her husband's estate, and her one-fourth share in that estate as heir to her dece...
High Court Of Judicature at Allahabad
Queen-Empress vs Subhan And Anr.
Judges: Knox
26 May, 1896·1. In this case two persons were found guilty of an offence falling either under Section 297 or Section 297 read with Section 107 of the Indian Penal Code. It was established against the two persons that they had ploughed up land which up to within a short period of the act had been used as a gravey...
High Court Of Judicature at Allahabad
Katesar Nath And Ors. vs Rajit Ram And Ors.
Judges: J Edge, Kt, Knox, Banerji
26 May, 1896· 2. There is no doubt that the verification in the present case might raise a doubt in some persons minds as to whether the plaintiffs verifying it infant that all the averments in the plaint were true to their knowledge. The use of the expression "to the best of my knowledge and belief" might raise...
High Court Of Judicature at Allahabad
Ujagar Lal vs Jia Lal And Ors.
Judges: J Edge, Kt, Blennerhassett
18 May, 1896·JUDGMENT John Edge, Kt., C.J. and Blennerhassett, J. 1. This was a suit for pre-emption of a share in a village brought on a clause in the wajib-ul-arz providing for preemption in case of mortgages or sales of shares by co-sharers. The first Court dismissed the plaintiff's suit on the ground that on...
High Court Of Judicature at Allahabad
In Re: Rudra Singh And Ors. vs Unknown
Judges: Knox, Blair
18 May, 1896·JUDGMENT Knox and Blair, JJ. 1. This is an application praying that this Court will set aside an order passed by the Joint Magistrate of Etah, and grant an order directing that Magistrate not to examine certain witnesses whom the accused has named in a list as witnesses whom he wishes to be summoned...
High Court Of Judicature at Allahabad
Anandi Prasad vs Nizam-Ud-Din Shah
Judges: J Edge, Kt, Blennerhassett
13 May, 1896·1. This was a suit for rent of shops brought against a Muhammadan who is a minor and has appeared under the guardianship of his mother. An uncle of the minor, assuming to act as a guardian, had granted to the plaintiff a mortgage over the minor's property, and on the same day took a lease of these s...
High Court Of Judicature at Allahabad
Lalji Mal vs Sheo Charan Singh
Judges: J Edge, Kt, Blennerhassett
12 May, 1896·JUDGMENT John Edge, Kt., C.J. and Blennerhassett, J. 1. This is an appeal from an order in execution of a decree. The defendant had granted to the plaintiff a mortgage. It was usufructuary. It also contained a covenant for the payment of the money due on the expiration of the term, and a proviso tha...
High Court Of Judicature at Allahabad
Ram Nath vs Bindraban
Judges: Aikman
11 May, 1896·JUDGMENT Aikman, J. 1. A decree was passed in favour of the respondent Bindraban against one Gajadhar on the 28th of May 1894. A few days afterwards the judgment-debtor sold to the plaintiff in the suit out of which this appeal arises, a house and a one-pie zamindari share in the village of Mayapur ...
High Court Of Judicature at Allahabad
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