Queen-Empress vs Mannu
Judges: J Edge, Kt, Knox, Blair, Banerji, Burkitt, Aikman
13 July, 1897·14. In no case is an accused person or his agent entitled, in my opinion, to a copy of the special diary or of any part of it. The special diary is, except in the two events to which I have referred, privileged from inspection by an accused person and his agent, and on the happening of one of those ...
High Court Of Judicature at Allahabad
Chail Behari Lal vs Rahmal Das And Anr.
Judges: Banerji, Aikman
13 July, 1897·JUDGMENT Banerji and Aikman, JJ. 1. This is an application under Section 372 of the Code of Civil Procedure, read with Section 582 of that Code, to be added as a respondent to an appeal pending in this Court. The applicant is a judgment-creditor of the respondent, and he caused the decree appealed a...
High Court Of Judicature at Allahabad
Francis Legge vs Rambaran Singh And Anr.
Judges: Knox, Blair, Burkitt
12 July, 1897·1. This second appeal which has been referred to us for decision raises the important question by what limitation rule is a suit for a declaration of right to and of actual possession in immovable property governed? The point arises in this way. The plaintiffs, who are respondents before us, allege ...
High Court Of Judicature at Allahabad
Nand Kishore vs Raja Hari Raj Singh And Ors.
Judges: Knox, Blair, Banerji, Burkitt, Aikman
09 July, 1897·9. So far back as the year 1867, in Mahtab Singh v. Misree Lall and Mus-samat Soondur N.W.P. H.C. Rep. 1867, p. 88, this Court held that a mortgagee is entitled to say to each of several persons who have succeeded to the mortgagor's interests, that he shall not be entitled to redeem a part of the pr...
High Court Of Judicature at Allahabad
Queen-Empress vs Makunda And Anr.
Judges: J Edge, Blair
08 July, 1897·1. This reference by the Sessions Judge of Saharanpur raises the question whether Muhammad Khan, a Sub-Inspector, was, on the 1st of November 1896, an excise officer within the meaning of Section 57 of Act No. XII of 1896. He was, before the coming into force of Act No. XII of 1896, one of the class...
High Court Of Judicature at Allahabad
Amjad Ali And Ors. vs Muhammad Israil And Ors.
Judges: Knox, Blair, Burkitt
07 July, 1897·4. On second appeal to this Court the case has been referred to a Bench of three Judges. Before us the case has been almost entirely argued on the effect of the words "such decision shall be final as between the parties to the suit " in Section 12 of the Court Fees Act, a point which apparently was ...
High Court Of Judicature at Allahabad
Nand Lal vs Bansi
Judges: Knox, Blair, Burkitt
07 July, 1897·3. The question we have to decide is--did the third transfer noted above give to the plaintiff appellant any cause of action on which he could maintain the present suit? The contention for the appellant is that a mortgagee in possession of the share of a co-sharer is ipso facto a co-sharer, and that...
High Court Of Judicature at Allahabad
Nabbu Khan vs Sita
Judges: Banerji, Aikman
06 July, 1897·1. The suit out of which this appeal has arisen was brought on behalf of one Nabbu Khan, who is alleged to be a lunatic, by his aunt, Musammat Chhoti, as his next friend. Nabbu Khan has not been adjudged to be a lunatic under Act No. XXXV of 1858, but the Lower Appellate Court has found it to be an ...
High Court Of Judicature at Allahabad
Ahmad-Ud-Din Khan vs Hari Raj Singh
Judges: Banerji, Aikman
05 July, 1897·4. The next observation which we deem it necessary to make is that the villages which were liable to contribute to the decree No. 77 were not all the villages comprised in the mortgage on which that decree was passed, but those of the mortgaged villages only against which the decree could be enforce...
High Court Of Judicature at Allahabad
Hargu Lal Singh vs Gobind Rai And Anr.
Judges: J Edge, Kt, Blair, Banerji, Burkitt, Aikman
02 July, 1897·JUDGMENT John Edge, Kt., C.J. 1. The plaintiff obtained a simple mortgage from one Abdul Kadir in 1879. On the 18th of September 1886, the mortgagor sold 27 bighas of the mortgaged property to Gobind Rai, and Tulshi Rai, the defendants in the suit. Mr. Abdul Raoof, for the plaintiff, appellant, info...
High Court Of Judicature at Allahabad
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