Narain Das vs Ram Adhar And Anr.
Judges: J Stanley, Knox
24 June, 1902·JUDGMENT John Stanley, C.J. and Knox, J. 1. A preliminary objection is taken to the hearing of this appeal, on the ground that no appeal lies. The facts, so far as they are necessary for the objection, are as follows: Certain property had been put up for sale in execution of a decree--that property ...
High Court Of Judicature at Allahabad
Murlidhar vs Mathura Das And Ors.
Judges: Aikman
23 June, 1902·1. The suit out of which this appeal arises is one of a somewhat peculiar nature. The defendants are the appellants here. They are zamindars of a village. Sultan Ali was a tenant of theirs. They ejected him by proceedings under the Rent Act. At the time of the ejectment there were standing crops on ...
High Court Of Judicature at Allahabad
Deo Narain Rai And Anr. vs Kukur Bind And Ors.
Judges: J Stanley, Knox, Blair, Banerji, Aikman
20 June, 1902·5. In Moti Begam v. Zorawar Singh Weekly Notes 1899 p. 196 I laid it down in my judgment that the terms of Section 59 of the Transfer of Property Act, 1882, required that a deed intended to operate as a mortgage deed must be signed either by the mortgagor himself or by some one vested by him with fu...
High Court Of Judicature at Allahabad
Balbhaddar Nath And Ors. vs Sheodihal And Ors.
Judges: J Stanley, Banerji
20 June, 1902·1. This appeal has been preferred from the decree of the Additional Subordinate Judge of Gorakbpur, by which he has dismissed the suit brought by the plaintiffs appellants under the following circumstances: Din Bandhu Pande, the father of the defendants respondents, executed a mortgage in favour of ...
High Court Of Judicature at Allahabad
Emperor vs C.J. Sullivan
Judges: Aikman
18 June, 1902·1. This is an appeal on behalf of one C.J. Sullivan, who has been convicted by the District Magistrate of Meerut of an offence punishable under Section 354 of the Indian Penal Code, and sentenced to six months' rigorous imprisonment. The appeal is on the merits. But a preliminary objection is also t...
High Court Of Judicature at Allahabad
Ranjit Singh And Anr. vs Naubat And Ors.
Judges: J Stanley, Banerji
16 June, 1902·1. The suit out of which tins second appeal has arisen was instituted by the plaintiffs to recover as against the defendants a sum of money alleged to be due on foot of a surety bond entered into by them on behalf of one Harnam, a judgment-debtor of the plaintiffs. The plaintiffs on the 30th of Marc...
High Court Of Judicature at Allahabad
Behari Lal And Ors. vs Ghisa Lal And Ors.
Judges: Blair
14 June, 1902·JUDGMENT Blair, J. 1. This appeal impugns the propriety of a decision of the Subordinate Judge of Moradabad dismissing the plaintiffs' suit under the following circumstances. The plaintiffs are the owners of a house adjacent to the site of a Hindu temple. Near their house stands in the temple inclos...
High Court Of Judicature at Allahabad
Narain Das vs Sheo Kumar
Judges: J Stanley, Banerji
14 June, 1902·1. This appeal arises out of an order of the District Judge of Cawnpore, remanding the case to the Subordinate Judge, under the provisions of Section 562 of the Code of Civil Procedure, for the determination of the suit on the merits. The facts are shortly as follows: One Lachmi Narain was the owner...
High Court Of Judicature at Allahabad
Diwan vs Kallu And Anr.
Judges: Blair, Aikman
10 June, 1902·Aikman, J. 2. I am of the same opinion, but as we are differing from our learned colleague, I think it necessary to add a few words. The suit was, as has already been stated, one for redemption of a mortgage and for actual possession of the mortgaged land. The mortgage deed contains no materials by ...
High Court Of Judicature at Allahabad
Ran Bahadur Rai And Anr. vs Parmeshar Bharthi
Judges: J Stanley, Banerji
10 June, 1902·JUDGMENT John Stanley, C.J. and Banerji, J. 1. The suit out of which this appeal has arisen was a suit instituted by the plaintiffs to pre-empt certain villages. It appears that the defendant second party mortgaged the villages in dispute to the defendant first party on the 24th of July, 1890, by a ...
High Court Of Judicature at Allahabad
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