Harbans And Ors. vs Emperor Through Raghubir Saran
Judges: Boys
11 June, 1923·JUDGMENT Boys, J. 1. The facts of this case are set out in my order of the 23rd of May 1924. On the 23rd of February 1924 the Trial Magistrate acquitted the present applicants of a charge under Section 427 of the Indian Penal Code on the case being compounded between them and Amar Singh the complain...
High Court Of Judicature at Allahabad
Kamlapat Dubey And Ors. vs Ram Raj And Ors.
Judges: K Lal
11 June, 1923·1. The dispute in this appeal relates to plot No. 5842 Khasra, measuring 3 biswas 18 dhurs and situated in the village Mahnlia. The plaintiffs claim to be the owners of that plot and complain that the defendants had without any right constructed certain cattle troughs and fixed certain pegs for tyin...
High Court Of Judicature at Allahabad
Sheikh Muhammad Ali vs Sheikh Sultan Ahmad And Anr.
Judges: Lindsay, Sulaiman
08 June, 1923·2. The Court of first instance held that the plaintiffs could not succeed as no proof of a custom of pre-emption was forthcoming. The lower Appellate Court reversed this decision of the Court of first instance and having done so remanded the suit for disposal on the merits. 3. We now have these two ...
High Court Of Judicature at Allahabad
Hawal Rai And Ors. vs Har Prasad Rai And Ors.
Judges: G Mears, Piggott
08 June, 1923·1. One Ram Naresh was the occupancy tenant on a certain holding. He mortgaged the same with possession to one Dukait Masir, at a time when such mortgag aes were not forbidden by law. Dukhit accordingly entered into possession of the. holding lawfully with the status of mortgagee. Ram Naresh died in ...
High Court Of Judicature at Allahabad
Ram Lagan Shukul vs Baldeo Misir
Judges: Lindsay, Sulaiman
08 June, 1923·1. This is a defendant's: appeal arising out of a suit for pre-emption. The; main plea taken on behalf of the defendant was that the plaintiff had no preference over him. The court of first instance dismissed the suit on the 24th of July, 1920. On appeal the lower appellate court was of opinion that...
High Court Of Judicature at Allahabad
Baldeo Misir vs Ramlagan Shukul
Judges: Lindsay, Sulaiman
08 June, 1923·2. An affidavit was filed in support of the allegation implied in that ground and time was given to the opposite party to file a counter-affidavit if necessary. No such affidavit was filed. 3. We may therefore, take it that it is the appellant's case that on the 20th April 1921 the share of the plai...
High Court Of Judicature at Allahabad
Bholai Pandey vs Khiali Pandey And Ors.
Judges: Lindsay, Sulaiman
08 June, 1923·2. The Court of first instance found that the plaintiffs and the vendor were co-sharers in one and the same patti but that the defendant-vendee was a co-sharer in another patti though situated in the same thok. It held that there was a custom of preemption in the village, and was of opinion that the...
High Court Of Judicature at Allahabad
Bansi And Ors. vs Lakshmi Das
Judges: K Lal
07 June, 1923·JUDGMENT Kanhaiya Lal, J. 1. This is an application for the transfer of a proceeding pending against certain labourers under Section 2 of the Workman's Breach of Contract Act (No. XIII of 1859) as amended by Act No. XII of 1920. The employer is" a resident of Moradabad and carries on a stone ballast...
High Court Of Judicature at Allahabad
Ruhul Amin vs Lala Shankar Lal And Ors.
Judges: G Mears, Piggott
07 June, 1923·2. There were three appeals filed, one by the plaintiff him self, and one by each of two sets of defendants who were dis-satisfied with the decision of the Trial Court. The defendants who appealed again made it a ground of objection in the lower Appellate Court that there had been no valid plaint pr...
High Court Of Judicature at Allahabad
Gopal Das vs Goswami Banmali Lal And Anr.
Judges: Lindsay, Sulaiman
07 June, 1923·21. To return to Exhibit No. 3 this is a memo randum or slip which bears the heading "Sri Sri Hari Sarnam." According to the statement of the plaintiff this document is in the writing of defendant No. 2 although the latter has denied the fact. 22. For the purpose of proving an acknowledgment, howeve...
High Court Of Judicature at Allahabad
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