Ghulam Hazrat vs Gulzari Lal And Ors.
Judges: Piggott
15 May, 1912·1. One' Chaudhri Ghulam Hamid died, somewhere in 1877, possessed of considerable landed property. On July 16th, 1879, his heirs executed what is in substance a deed of partition dividing amongst themselves the property of the deceased, with the exception of a certain share in village Nagar, which th...
High Court Of Judicature at Allahabad
Jaggu Ahir vs Murli Shukul
Judges: K Husain, Tudball
14 May, 1912·3. A Magistrate trying a case under Section 145 is a Criminal Court within the meaning of the Code. 4. The expression "criminal case" in Section 526 means a case over which a Criminal Court has jurisdiction. 5. It is doubtful whether the High Court has power under Section 526 to transfer cases other...
High Court Of Judicature at Allahabad
Piari Lal And Ors. vs Makhan And Ors.
Judges: K Husain, Tudball
14 May, 1912·1. This was a suit upon a mortgage. One of the pleas in defence was payment of the entire sum due on it. In support of that plea a receipt, dated Asadh Sudi 3rd, Sambat 1950, corresponding to 16th June, 1893, was produced. The court of first instance came to the conclusion that the receipt was not p...
High Court Of Judicature at Allahabad
Sanwal Kunwar vs Murli
Judges: Piggott
14 May, 1912·1. This is a curious case and has had a curious history. The plaintiff is the proprietor of certain land which was leased to the defendant, as an agricultural tenant, for a period of seven years, from 1308 to 1314 Fasli, inclusive. There was a clause in the contract of lease to the following effect:...
High Court Of Judicature at Allahabad
Sheo Narain And Lachmi Narain vs Janki Prasad And Ors.
Judges: H R Banerji, Tudball
11 May, 1912·4. The Mitakshara in the Chapter I, Section II, § § 8 and 9, lays down the rule for partition between the father and his sons in the lifetime of the father. In Section VII of the Chapter, is stated the rule as to partition between sons after the death of the father. In the case of partition in the l...
High Court Of Judicature at Allahabad
Dropadi vs Hira Lal
Judges: H Richards, K Husain, Chamier
11 May, 1912·3. The question has been argued very fully before us, and our attention has been drawn to a large number of decisions bearing upon it. For the applicant, it has been contended that the Provincial Insolvency Act is not a 'special law' within the meaning of Section 29 of the Limitation Act, and that e...
High Court Of Judicature at Allahabad
Sheo Narain vs Janki Parshad And Ors.
Judges: H Richard, Banerji, Tudball
11 May, 1912·4. The Mitakshara in the Chapter I, Section II, §§ 8 and 9, lays down the rule for partition between the father and his sons in the lifetime of the father. In Section VII of the Chapter, is stated the rule as to partition between sons after the death of the father. In the case of partition in the li...
High Court Of Judicature at Allahabad
Muhammad Akhtar Husain Khan And ... vs Tasadduk Husain
Judges: H Richards, Banerji
10 May, 1912·1. This appeal arises under the following circumstances: The suit was one for partition. A preliminary decree was made on December 19, 1907. The plaintiff preferred an appeal within time against this preliminary decree. Before the appeal was decided, however, a final decree was made on March 10, 190...
High Court Of Judicature at Allahabad
Muhammad Akhtar Husain Khan And ... vs Tasadduq Husain
Judges: H Richards, Banerji
10 May, 1912·1. This appeal arises under the following circumstances. The suit was one for partition. A preliminary decree was made on the 19th of December, 1907. The plaintiffs preferred an appeal within time against this preliminary decree. Before the appeal was decided, however, a final decree was made on the...
High Court Of Judicature at Allahabad
Salig Ram vs Ram Kishen Das
Judges: K Husain, Tudball
09 May, 1912·JUDGMENT In this case Salig Ram applied to be declared an insolvent. His application was dismissed because he failed to produce evidence. He applied again and that application was dismissed, the Court holding that the principle of res judicata barred the application. We find ourselves unable to agre...
High Court Of Judicature at Allahabad
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