Shaikh Sirajuddin vs Shiakh Sharfuddin And Ors.
Judges: P Banerji, Lindsay
26 February, 1919·JUDGMENT 1. We think there is no force in this appeal. A preliminary decree for partition was made and a Commissioner was appointed to make the partition. He submitted his report on the 29th of January 1917 and on that date the Court ordered that the parties should file objections, if any, within te...
High Court Of Judicature at Allahabad
Sheikh Amirullah vs Sheikh Rasul Baksh
Judges: H Richards, Rafique
26 February, 1919·JUDGMENT 1. This appeal arises out of a suit in which the plaintiff seeks to sell certain property which was mortgaged to him. The mortgage was made in the year 1903 and consisted of two rooms (No. 35 and No. 36). The mortgage was in form usufructuary. It is admitted that the mortgagor put the mortg...
High Court Of Judicature at Allahabad
Musammat Amina Bibi And Anr. vs Rama Shankar Misar
Judges: Piggott, Walsh
25 February, 1919·1. This is an appeal arising out of an application by certain decree-holders, who are minors and represented by their mother as guardian ad litem, to enforce against a mortgagor personally, or by sale of any property which can be lawfully sold in execution of a personal decree against him, an order ...
High Court Of Judicature at Allahabad
Amina Bibi And Ors. vs Ram Shankar Misra
Judges: Piggott, Walsh
25 February, 1919·1. This is an appeal arising out of an application by certain decree-holders who are minors, and represented by their mother as guardian ad litem, to enforce against a mortgagor personally or by sale of any property which can be lawfully sold in execution of a personal decree against him an order fo...
High Court Of Judicature at Allahabad
Jugal Kishore And Anr. vs Bankim Chandra
Judges: H Richards, Kt, M Rafiq
25 February, 1919·JUDGMENT Henry Richards, Kt., C.J. and Muhammad Rafiq, J. 1. This appeal arises out of insolvency proceedings. The appellants are mortgagees of the property of the insolvent. The mortgaged property has been taken possession of by the receiver and sold. The court below thought that the mortgagee was ...
High Court Of Judicature at Allahabad
Jugal Kishore And Anr. vs Bankim Chandra
Judges: H Richards, Rafique
25 February, 1919·JUDGMENT 1. This appeal arises out of insolvency proceedings. The appellants are mortgagees of the property of the insolvent. The mortgaged property has been taken possession of by the Receiver and sold. The Court below thought that the mortgagee was only entitled to interest at the contractual rate...
High Court Of Judicature at Allahabad
Chhaggan Lal Minor, Through ... vs Muhammad Hussain Khan And Ors.
Judges: H R Rafique, Lindsay
24 February, 1919·2. The facts of the case in which this judgment was delivered were different from the facts of the present case; but it seems to me that if it be taken that the mortgages of 1893 merged in the decree obtained by the plaintiff, then the plaintiff's remedy was no longer that of a mortgagee but that of...
High Court Of Judicature at Allahabad
Piari Lal And Ors. vs Babu Ram
Judges: Piggott, Walsh
24 February, 1919·The question for determination in this appeal is one of limitation. The facts are not in dispute. The decree under execution was one of the 3rd of December, 1912, and the application for execution out of which this appeal arises was presented on the 15th of March, 1917. It was, therefore, beyond lim...
High Court Of Judicature at Allahabad
Muhammad Husain Khan And Anr. vs Chhagan Lal And Mamraj And Anr.
Judges: H Richards, Kt, M Rafiq, Lindsay
24 February, 1919·Rafiq, J. 2. I express no opinion for the present as to the question of law raised in the case. I, however, agree to the remitting of the issues to the lower appellate court for trial, upon the return of which I think the question of law can be more satisfactorily decided. 3. After return of the fin...
High Court Of Judicature at Allahabad
Emperor vs Musammat Mulia
Judges: Piggott
22 February, 1919·JUDGMENT Piggott, J. 1. Musammat Mulia, a woman about thirty years of age, of the Kumhar or potter caste attempted to take her own life by throwing herself down a well. She has been rightly convicted of an offence under Section 309 of the Indian Penal Code. It so happened that this unfortunate woman...
High Court Of Judicature at Allahabad
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