Sheo Dihal Sahu vs Bhawani
Judges: J Stanley, W Burkitt
31 January, 1907·JUDGMENT John Stanley, C.J. and William burkitt, J. 1. This appeal has been preferred under the following circumstances. The defendant Musammat Bhawani executed a mortgage in favour of the plaintiff of certain property. She subsequently sued for redemption and obtained a decree on the 23rd of Septem...
High Court Of Judicature at Allahabad
Balkishan Das vs Madan Lal And Ors.
Judges: G Knox, Richards
23 January, 1907·3. Taking the bargain as set forth in the bond it is impossible to say that it was anything else except a hard bargain. The stipulation that the borrower should not relieve himself from the onus of the terms of the loan by repayment before the expiration of three years, while the lender might at any...
High Court Of Judicature at Allahabad
Hashmat Ali vs Muhammad Umar
Judges: G Knox, Richards
23 January, 1907·JUDGMENT George Knox and Richards, JJ. 1. This appeal arises out of an order passed by the lower appellate Court remanding the case under Section 562 of the Code of Civil Procedure for further trial. The suit was brought by the plaintiff, who had acquired a one-fifth share in a house, for partition ...
High Court Of Judicature at Allahabad
Gobind Ram vs Masih Ullah Khan And Ors.
Judges: J Stanley, W Burkitt
22 January, 1907·3. This raises the important question what is the effect of the perfect partition of a village upon a right existing by custom under which each co-sharer in the village was entitled to pre-empt the sale to a stranger of any portion of the village. Mr. Kedar Nath on behalf of the appellant contended ...
High Court Of Judicature at Allahabad
Pitam Singh vs Tota Singh And Ors.
Judges: G Knox, Richards
22 January, 1907·JUDGMENT Knox and Richards, JJ. 1. This second appeal arises out of execution proceedings taken by the appellant, who is the transferee of Musammat Gomti, the original decree-holder. The decree was transferred to Pitam Singh on the 12th of January 1901, and on the 19th of March 1902, Pitam Singh, ad...
High Court Of Judicature at Allahabad
Dambar Singh And Anr. vs Jawitri Kunwar
Judges: J Stanley, W Burkitt
22 January, 1907·1. The suit out of which this appeal has arisen, is closely connected with First Appeal No. 231 of 1904, in which we have delivered judgment to-day. In that case it will be remembered that one Beni Singh and his father, Jai Singh, had some litigation which eventually ended in a partition suit, by wh...
High Court Of Judicature at Allahabad
The Municipal Board Of Najibabad vs Sheo Narain
Judges: G Knox, Richards
21 January, 1907·JUDGMENT George Knox and Richards, JJ. 1. This appeal arises out of a suit brought by the Municipal Board of Najibabad through the Chairman of the Board against one Sheo Narain, who, according to the allegations made in the plaint, had entered into a contract for storing and consolidating kankar wit...
High Court Of Judicature at Allahabad
Dammar Singh And Anr. vs Pirbhu Singh And Anr.
Judges: Stanley, W Burkitt
19 January, 1907·JUDGMENT Stanley, C.J. and William Burkitt, J. 1. We think that the view expressed by the learned Subordinate Judge is correct. There is no doubt that in appointing the mother of the minors as their guardian ad litem when there was already a certificated guardian, the Court acted in violation of the...
High Court Of Judicature at Allahabad
Kamta Singh vs Mukhta Prasad And Anr.
Judges: J Stanley, W Burkitt
17 January, 1907·JUDGMENT John Stanley, C.J. and William Burkitt, J. 1. This is an appeal from a decision of a learned Judge of this Court affirming the decision of the District Judge, which upheld the decree of an Assistant Collector of Etawah. The suit is one by the plaintiff, a co-sharer in the village, to recove...
High Court Of Judicature at Allahabad
Sardar Singh vs Kanhaya Lal And Ors.
Judges: G Knox, Richards
16 January, 1907·JUDGMENT George Knox and Richards, JJ. 1. This was a suit under Section 77 of the Registration Act. It appears that an application was made for the registration of a deed, dated the 22nd of August 1904, which purported to be executed on behalf of one Musammat Sundar, by one Makhan Lal as her mukhtar...
High Court Of Judicature at Allahabad
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