Makkhan vs Mir Singh
Judges: P C Banerji, G Prasad
21 February, 1923·JUDGMENT Pramada Charan Banerji and Gokul Prasad, JJ. 1. This appeal and the connected second appeals Nos. 1408 and 1643 of 1921 arise out of a unit brought under the following circumstances. The defendant made an application to the criminal court under Section 145 of the Code of Criminal Procedure ...
High Court Of Judicature at Allahabad
Pitam Lal And Anr. vs Emperor
Judges: Rafique
21 February, 1923·JUDGMENT Rafique, J. 1. This is a reference by the learned Sessions Judge of Bareilly recommending the quashing of the conviction and sentence passed upon Pitam Lal and Chokhe Lal. The latter were convicted under Section 352, Indian Penal Code, of an assault on a Sub-Inspector and fined Rs. 50. It a...
High Court Of Judicature at Allahabad
Musammat Parsandi vs Mahabir Prasad
Judges: P C Banerji, G Prasad
21 February, 1923·1. The facts which have given rise to this appeal are shortly as follows. One Musammat Badamo was the original owner of this property. She made a gift of it to her daughter's son Roshan Lal who was, at that time, a minor. Her property was being managed by her son-in-law Fakir Chand, who continued to...
High Court Of Judicature at Allahabad
The Collector Of Bulandshahr vs Ram Sarup And Anr.
Judges: Daniels
20 February, 1923·JUDGMENT Daniels, J. 1. This appeal arises out of an execution proceeding and the question for consideration is whether an application made by the representatives of the deceased decree-holder for the substitution of their names was barred by time. The decree-holder died during the pendency of the e...
High Court Of Judicature at Allahabad
Lala Makhan Lal vs Natthi And Ors.
Judges: P Banerji, G Prasad
20 February, 1923·1. This appeal has been preferred by the plaintiff in a mortgage suit, disputing the decree of the Court below by which it awarded to the respondent, Ganga, a sum of Rs. 1,330, as payable to him in respect of certain prior mortgages alleged to have been discharged by him. The mortgage in favour of t...
High Court Of Judicature at Allahabad
Yad Ram vs Sunder Singh
Judges: P Banerji, Piggott, Walsh
19 February, 1923·2. In my judgment, in the view of the provisions of Section 115 of the Code of Civil Procedure, as interpreted by their Lordships of the Privy Council and as interpreted by this Court in several rulings, the application is not maintainable. It has been held by their Lordships of the Privy Council in...
High Court Of Judicature at Allahabad
Yad Ram vs Sundar Singh
Judges: P C Banerji, Piggott, Walsh
19 February, 1923·2. In my judgment, in view of the provisions of Section 115 of the Code of Civil Procedure, as interpreted by their Lordships of the Privy Council, and as interpreted by this Court in several rulings, the application is not maintainable. It has been held by their Lordships of the Privy Council in Ba...
High Court Of Judicature at Allahabad
Umrao Beg vs Mukhtar Beg And Ors.
Judges: Piggott, Walsh
16 February, 1923·JUDGMENT Piggott and Walsh, JJ. 1. This is an execution first appeal arising out of an unfortunate litigation which has already occupied our attention in connection with regular first appeal No. 89 of 1920. The point which we are now called upon to decide is, however, distinct from any of the questi...
High Court Of Judicature at Allahabad
Misran And Ors. vs Vilayat Husain And Anr.
Judges: G Mears, P C Banerji
16 February, 1923·3. It is now important to turn to the pleadings to see how the case was framed by the parties. As one would expect, the pleading in the plaint was quite simple; it was based upon a sale-deed, the death of Muhammad Ismail and the realization of rents by the defendants. To that apparently genuine clai...
High Court Of Judicature at Allahabad
Shah Muhammad Ehsanullah vs The Peoples Industrial Bank Ltd.
Judges: Piggott, Walsh
16 February, 1923·JUDGMENT 1. We have decided that it would be in the interests of justice to set aside the ex parte order and to remit this case to the learned District Judge to hear the application on the merits. Our grounds for doing so are as follows:--It is not desirable to disturb the established practice. The ...
High Court Of Judicature at Allahabad
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