Babu Ulfat Rai vs Emperor
Judges: G Knox
20 December, 1919·(1) He had jurisdiction to pass an order under Section 476 of the Criminal Procedure Code. (2) If he considered it necessary, he had to make a preliminary enquiry. (3) And then to send the case for enquiry or trial to the nearest Magistrate of the First Class. 3. There is nothing in Section 476 whic...
High Court Of Judicature at Allahabad
Thakur Atraj Singh vs Mooloo Singh And Ors.
Judges: Tudball, Rafique Jj
20 December, 1919·JUDGMENT 1. This is a plaintiff's appeal arising out of a suit for pre-emption. The Courts below dismissed the plaintiff's suit on the ground that the evidenae produced was insufficient to prove the custom alleged. The evidence consisted of the production of two wajib ul-arzes and certain oral evide...
High Court Of Judicature at Allahabad
Raja Bhagwan Baksh Singh vs Damodarji Joshi And Ors.
Judges: G Mears, P Banerjee
20 December, 1919·4. The Court below has decreed the claim in part. The learned Subordinate Judge refused to re-open the accounts on the ground that a settled account could only be re opened where a fiduciary relation existed between the parties and no such relation existed in the present case. As to the blue diamond...
High Court Of Judicature at Allahabad
Jwala Prasad vs Mannu And Ors.
Judges: Tudball, Rafique
20 December, 1919·JUDGMENT 1. This is a defendant's appeal arising out of a suit for pre-emption or, rather one might say, for pre-mortgage. Curiously enough it has resulted in the Courts below giving a decree for redemption of a mortgage, though we fancy that this was a clerical error. The facts are as follows:-- Th...
High Court Of Judicature at Allahabad
Bhagwan Bakhsh Singh vs Joshi Damodarji And Ors.
Judges: G Mears, P C Banerji
20 December, 1919·2. The plaintiffs are a firm of jewellers and money-lenders of Benares, who carry on considerable business. The defendant appellant is the Raja of Amethi and a taluqdar of Oudh. In 1904 a suit was pending against him in regard to his estate and for the expenses of that suit he was in need of money, ...
High Court Of Judicature at Allahabad
Hafiz Kifayat Ullah Khan vs Sri Raghunathji Of Rajgopal ...
Judges: G Mears, Banerji
19 December, 1919·JUDGMENT 1. This is an appeal by the defendant No. 5. He and the defendant No. 6 in the Court below were alleged by the plaintiff to have signed a security bond for the due performance by the defendants Nos. 1-4 of certain covenants in a lease. The defendant No. 5 is the only appellant before this C...
High Court Of Judicature at Allahabad
Thakur Bishambar Nath Singh vs Basant Lal
Judges: Tudball, Rafique
19 December, 1919·JUDGMENT 1. This is a defendant's appeal. The property in suit is a bit of land lying within the limits of the village Yahyapur which forms part of the town of Allahabad. The plaintiff is a co sharer in the Zemindari, sixteen annas mahal of Yahyapur, and he claims that he has a right of pre-emption ...
High Court Of Judicature at Allahabad
Mahraj Singh vs Pitambar Singh
Judges: Tudball, Rafique
18 December, 1919·JUDGMENT 1. This appeal arises out of a suit for pre emption based upon village custom. The Courts below have both held that the existence of the custom was established. The plaintiff produced one wajib ul-arz and he called two witnesses. The defendant called other witnesses. As far as the oral evid...
High Court Of Judicature at Allahabad
Jaipal Rai vs Sahdeo Rai And Ors.
Judges: Tudball, Rafique
18 December, 1919·JUDGMENT 1. This appeal arises out of a suit for preemption. It has been dismissed by both the Courts below. The plaintiff, the vendor and the vendee are all co-sharers in the village. The plaintiff and the vendor are co sharers in the same khata. The vendee is a co-sharer in another khata. The vill...
High Court Of Judicature at Allahabad
Syed Ikhlaq Ali vs Lala Budh Sen
Judges: Tudball
11 December, 1919·JUDGMENT Tudball, J. 1. Second Appeal No. 1549 of 1917 and Revision No. 1549 of 1918, which arise oat of the same matter, are heard and determined by me together. The facts must be briefly stated. The respondent Budh Sen brought a suit for contribution against the opposite party in the Court of Smal...
High Court Of Judicature at Allahabad
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