Musammat Hamira Bibi vs Musammat Zubaida Bibi And Ors.
Judges: J Stanley, Banerji, K Husain
11 August, 1910·Onlye who believe devour not usury doubtly doubled, but fear God, per chance ye may be prosperous; fear the fire which is prepared for the unbelievers, and obey God and His apostle, per chance ye may get mercy." Palmer, Vol. VI, page 62. See also Hedayah by Grady' p. 289 ed seg and the Muhammadan La...
High Court Of Judicature at Allahabad
Lachman vs Shambu Narain And Ors.
Judges: G Knox, Banerji, K Husain
11 August, 1910·JUDGMENT 1. The sole question raised in this appeal is whether a plaintiff who sues for possession and for ejectment of the defendant on the basis of title and fails to prove his title is still entitled to a decree for possession under Section 9 of the Specific Relief Act, 1877, if he can prove poss...
High Court Of Judicature at Allahabad
Musammat Returaji Dubain vs Pahalwan Bhagat And Ors.
Judges: J Stanley, G Knox, Chamier
11 August, 1910·12. The Bhagats" defended the suit. No defence appears to have been filed by Babu Janki Prasad Singh. In the written statement filed by "the Bhagats" they set out that the custom of pre-emption is not current in the village. They raised certain other pleas, but we are not concerned with those in thi...
High Court Of Judicature at Allahabad
Roshan Lal vs The Delhi Cloth And General Mills ...
Judges: J Stanley, Banerji
10 August, 1910·2. We think that the Court below was right in the view which it took. The question whether earnest money is recoverable has been considered in a number of cases and it would appear that no invariable rule can be laid down on the subject. In the case of Collins v. Stimson (1883) 11 Q.B.D. 142 : 52 L....
High Court Of Judicature at Allahabad
Bhawani Prashad vs Syed Iftikhar Husain
Judges: Chamier
09 August, 1910·JUDGMENT 1. This appeal arises out of an application for execution of a decree passed on August 7, 1902. The present application was dated August 22, 1909. The last previous application was presented on July 26, 1906, i.e., more than 3 years before the present application. But the decree-holder cont...
High Court Of Judicature at Allahabad
Mattan vs Emperor
Judges: Griffin, Chamier
09 August, 1910·2. It appears that one Ram Deo lodged a complaint against the applicant of an offence under Section 323, Indian Penal Code, in the Court of the Sub-Divisional Magistrate and the case was made over to a Tahsildar Magistrate for trial The case had not proceeded far when the applicant presented a petit...
High Court Of Judicature at Allahabad
Abdul Majid vs Jawahir Lal
Judges: J Stanley, Banerji, Channel
05 August, 1910·4. In that case, it will be observed, the order of the Privy Council affirmed the decree of the High Court and it may be said that there was no such affirmance of the decree of the High Court in the present case. This I think is not so. The dismissal of the judgment-debtor's appeal for want of prose...
High Court Of Judicature at Allahabad
Baldeo Pershad And Anr. vs Bhagwant Singh And Anr.
Judges: K Husain
03 August, 1910·1. This was a suit for preemption on the basis of a wajib-ul-arz. It was dismissed by the Court of first instance and its decree was affirmed by the lower appellate Court. The preemptors come here in second appeal, and it is argued by their learned Vakil that the expression karabat karib hakkiat men...
High Court Of Judicature at Allahabad
Dakhni Din And Ors. vs Syed Ali Asghar And Ors.
Judges: J Stanley, Banerji
02 August, 1910·JUDGMENT 1. An objection has been taken on behalf of the respondents to the hearing of this appeal on the ground that the question raised in the appeal has become res judicata in consequence of the plaintiffs not having appealed against the judgment and decree in another suit in which the same issue...
High Court Of Judicature at Allahabad
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