Ram Dhani Sahu vs Lalit Singh And Ors.
Judges: J Stanley, Banerji
27 February, 1908·1. This is an application by Ram Dhani Sahu, the appellant, for an extension of the time fixed by this Court for payment of a mortgage debt under a decree of the 23rd of July 1908. By that decree the appellant was directed to pay a prior mortgage on or before the 5th of November 1908. Owing to delay...
High Court Of Judicature at Allahabad
Shahbaz Khan And Ors. vs Umrao Puri And Ors.
Judges: J Stanley, W Burkitt
26 February, 1908·2. The plaintiffs, feeling aggrieved at the prohibition of the exercise of what they conceived to be their legal rights, instituted the suit out of which this appeal has arisen. 3. The defendants took defence and denied the right claimed by the plaintiffs and put forward the case that there was no c...
High Court Of Judicature at Allahabad
Thakur Prasad And Anr. vs Gauripat Rai And Anr.
Judges: Banerji, Richards
26 February, 1908·1. This was a suit for sale upon two mortgages, dated respectively the 14th and the 18th of June 1897. The mortgages were executed by Sripat Rai as the guardian of the respondents with the sanction of the District Judge. The amount of the first mortgage was Us. 1,400 and that of the other Rs. 1,800,...
High Court Of Judicature at Allahabad
Sheo Prasad And Anr. vs Indar Bahadur Singh And Ors.
Judges: Aikman, K Husein
25 February, 1908·1. This is a decree-holder's appeal in proceedings arising out of the execution of the decree. An application was presented within time for attachment of certain house property. An objection was filed to this attachment, which was rejected on the 18th December 1903 On the 12th of January 1904 the ob...
High Court Of Judicature at Allahabad
Nita Ram vs The Secretary Of State For India In ...
Judges: Banerji, Richards
18 February, 1908·JUDGMENT Banerji and Richards, JJ. 1. This is an appeal from a decree of the District Judge of Saharanpur upon a reference to him under Section 49 of the Land Acquisition Act, The Government were acquiring, under the powers conferred by the Act, a small piece of land at the end of a garden occupied ...
High Court Of Judicature at Allahabad
Gobind Das And Ors. vs Sabju Das
Judges: Aikman, K Husein
18 February, 1908·2. The plaint sets forth that again on the 24th of October 1902, a similar document was executed by the defendant promising to pay the aforesaid debt without interest. The plaintiff sued to recover the amount due under this document. The defendant pleaded that the document sued on was a mere acknowl...
High Court Of Judicature at Allahabad
Akbar Khan vs Munir-Un-Nissa And Ors.
Judges: J Stanley, W Burkitt, Aikman
17 February, 1908·2. The respondent's case is that the suit is not a suit to enforce a lien within the meaning of Article 111, but is a suit to enforce a statutory charge created by Section 55 of the Transfer of Property Act. The Courts in this country have taken varying views upon this question, the Bombay High Cour...
High Court Of Judicature at Allahabad
Lachman Das vs Abparkash
Judges: J Stanley, W Burkitt
11 February, 1908·JUDGMENT John Stanley, C.J. and William Burkitt, J. 1. The decree in this case in respect of which the appeal before us has been preferred was passed upon a so-called award. After evidence had been given and some of the issues in the case had been determined by the Court, and there remained two issu...
High Court Of Judicature at Allahabad
Janki Prasad Singh vs Baldeo Prasad And Ors.
Judges: J Stanley, W Burkitt
08 February, 1908·JUDGMENT John Stanley, C.J. and William Burkitt, J. 1. We think that the decision of the Courts below is correct. The plaintiff appellant has been able to establish no such relationship existing between him and the defendants as would justify the payment of the money which he now seeks to recover. I...
High Court Of Judicature at Allahabad
Sundar Deo vs Bhagwan Das And Ors.
Judges: G Knox, Aikman
07 February, 1908·JUDGMENT George Knox and Aikman, JJ. 1. The appellant in this second appeal was plaintiff in the Court of first instance. According to the plaint his grandfather left the plaintiff at the time of his death a minor and not fit to manage his affairs, and therefore he appointed Babu Kishan Dat an agent...
High Court Of Judicature at Allahabad
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