Bashir Husain vs Ali Husain And Anr.
Judges: G Knox, Tudball
22 December, 1913·JUDGMENT Knox and Tudball, JJ. 1. In this case the accused came first before the Court of Thakur Hanuman Singh, who at the time was the Sub-Divisional Magistrate of Amroha. Thakur Hanuman Singh took cognizance of the case and then transferred it for trial to Babu Bir Narain Singh, a magistrate subor...
High Court Of Judicature at Allahabad
Hashmat Bibi vs Bhagwan Das And Ors.
Judges: Ryves, Piggott
17 December, 1913·JUDGMENT Ryves and Piggott JJ. 1. These are three connected appeals arising out of insolvency proceedings. Karim Bakhsh applied to the District Judge of Jaunpur on the 28th of August, 1912, for an order adjudicating him an insolvent. While the application was under inquiry the District Judge receive...
High Court Of Judicature at Allahabad
Raghunath Kunwar vs Shankar Singh And Ors.
Judges: H Richards, P C Banerji
16 December, 1913·JUDGMENT Henry Richards, C.J. and Pramada Charan Banerji, J. 1. This and the connected appeal No. 302 of 1911 arise out of a suit on foot of a mortgage, dated the 5th of September, 1881. It appears that there had been a prior mortgage, dated the 14th of January, 1879. On foot of this prior mortgage ...
High Court Of Judicature at Allahabad
Ram Manorath Singh And Ors. vs Dilraji Kunwari
Judges: Tudball, Ryves
16 December, 1913·JUDGMENT Tudball and Ryves, JJ. 1. The plaintiffs appellants brought a suit in the court below for a declaration in the following circumstances. The defendant, Musammat Dilraji Kunwari, is the widow of one Sohrat Singh. The plaintiffs' case is that Babu Sohrat Singh and they themselves were members ...
High Court Of Judicature at Allahabad
Emperor vs Kharga
Judges: Tudball, Piggott
13 December, 1913·3. Two grounds are taken before us: (1) "That Section 437 of the Code does not apply to proceedings under this Chapter (VIII) at all and the Magistrate had no power to direct a further inquiry as he has done. (2) "That, even assuming that the order passed is within the District Magistrate's powers, ...
High Court Of Judicature at Allahabad
Jagarnath Sahi vs Kamta Prasad Upadhya
Judges: Ryves, Piggott
12 December, 1913·1. The appellants before us were defendants in a suit in which an ex parte decree was passed on the 12th of August, 1911. They applied in due course under order IX, Rule 13, Civil Procedure Code, to have the ex parte decree set aside. Under circumstances with which we are not now concerned this appl...
High Court Of Judicature at Allahabad
Sher Bahadur vs Ganga Bakhsh Sihgh And Ors.
Judges: Atkinson, Shaw, J Edge, A Ali
10 December, 1913·In this view of the case it is not necessary to express any opinion upon the guestion whether the first defendant should be regarded as a legitimate son. His mother was married to Jang Bahadur at the instance of the Maharaja, who must have known that the plaintiff and his brothers were illegitimate....
High Court Of Judicature at Allahabad
Partab Singh And Ors. vs Daulat And Ors.
Judges: H Richards, Tudball
03 December, 1913·JUDGMENT Henry Richards, C.J. and Tudball, J. 1. We think, having regard to the fact that the appellants could not have maintained the suit as against the vendees had they instituted the suit themselves, they cannot take advantage of the fact that their father at the time of the suit had a preferent...
High Court Of Judicature at Allahabad
Kamta Prasad And Ors. vs Ram Jag And Ors.
Judges: H Richards, Tudball
03 December, 1913·2. We think that the question really depends upon what was the custom prevailing in the mahal. In ordinary language the custom was to the effect that the vendor was bound, when he contemplated selling the property in the first place, to offer it to Kamta Prasad. I Kamta Prasad refused to purchase, h...
High Court Of Judicature at Allahabad
Durga Prasad vs Jagrani Kunwar And Ors.
Judges: Shaw, Moulton, J Edge, A Ali
03 December, 1913·10. The main question for determination on this appeal was whether or not a -will executed by one Kunwar Narindra Bahadur on the 21st of October, 1904, was a forged document. 11. The Subordinate Judge held that the will was genuine. The Court of the Judicial Commissioner (Mr. E. Chamier, Judicial Co...
High Court Of Judicature at Allahabad
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