Emperor vs Zawar Hussain
Judges: Walsh, Ryves
21 March, 1923·2. The prosecution made the initial error of trying to establish that Zawar Hniain lived on the premises; an issue which was bound to fail and which undoubtedly accounts for much of the waste of time for which the Magistrate was not responsible. The Magistrate, in the end, decided that Zawar Hussain...
High Court Of Judicature at Allahabad
Ghansham Singh vs Bhola Singh
Judges: G Mears, P Bannerji, Piggott, Walsh, Ryves
21 March, 1923·2. We are of opinion that there is no such bar and that the prelim nary objection fails. The facts are simple. The plaintiff sues upon a mortgage executed by the defendant in his favour on the 28th May 1914 and claims repayment of the principal amount secured, with interest thereon at the contract r...
High Court Of Judicature at Allahabad
Musammat Chitto vs Ganga Sahai And Anr.
Judges: Rafique
21 March, 1923·1. This is a plaintiff's appeal arising out of a suit brought by her for a declaration that she was the sole occupancy tenant of the holding mentioned in the plaint. She stated in her plaint that the occupancy Inkling originally belonged to her husband Baldeo Singh who died some time ago without any...
High Court Of Judicature at Allahabad
Ram Nath vs Mannu Lal And Anr.
Judges: Lindsay, Daniels
20 March, 1923·2. The suit was brought by the plaintiffs-respondents to recover a certain sum of money alleged to be due in respect of a contract which was entered into on the 12th September 1918, for the delivery by the 18th November of that year of a bale of dhotis at a certain rate. 3. The date fixed for paymen...
High Court Of Judicature at Allahabad
Rekhab Das vs Musammat Sheobai And Anr.
Judges: Walsh, Ryves
20 March, 1923·1. We have come to the conclusion that this appeal must be allowed and the suit dismissed. The point is a short one, but an interesting one arid not so technical and artificial as it appeared at first sight. We are much indebted to Mr. Peareial Banerji for his able argument on behalf of the appellan...
High Court Of Judicature at Allahabad
Musammat Sheobai And Anr. vs Rekhab Das
Judges: Walsh, Piggott
20 March, 1923·JUDGMENT Walsh, J. 1. We have come to the conclusion that this appeal must be allowed and the suit dismissed. The point is a short one, but an interesting one and not so technical and artificial us it appeared at first sight. We are much indebted to Mr. Piari Lal Banerji for his able argument on beh...
High Court Of Judicature at Allahabad
Jodha Singh And Anr. vs Raghubir Singh And Anr.
Judges: Lindsay, Daniels
20 March, 1923·1. This is an appeal in a suit for possession brought by the plaintiffs respondents, Jodha Singh and Dilla Singh. The land in suit originally belonged to one Murat Singh who mortgaged it for Rs. 300 with possession on the 19th of May, 1891, to one Ganga Ram. Ganga Ram remained in possession as mortg...
High Court Of Judicature at Allahabad
Bhikam Khan vs Dan Singh
Judges: Rafique
20 March, 1923·JUDGMENT Rafique, J. 1. It appears that on the 15th January 1921 Dan Singh, the opposite party, put in an application trader Section 47 of the Code of Civil Procedure for cancellation of sale in favour of the applicant and recovery, of the property on the allegation that the property did not belong ...
High Court Of Judicature at Allahabad
Mannu Lal And Anr. vs Ram Nath
Judges: Lindsay, Daniels
20 March, 1923·3. The date fixed for payment was the 27th of November, 1918. 4. It is not denied that the goods were delivered to the defendant on the date in question and it is also not denied that the price was not paid on the date fixed for payment. 5. It appears, however, that after this latter date, inasmuch ...
High Court Of Judicature at Allahabad
Ishdat Tiwari And Anr. vs Tameshwar Tiwari And Ors.
Judges: Piggott
20 March, 1923·ORDER Piggott, J. 1. I have considered the office report and the arguments of counsel. The cross-objections are admittedly liable to an ad valorem fee on the subject matter in dispute. This can only be ascertained by an examination of the decrees passed by the courts below. The first court dismissed...
High Court Of Judicature at Allahabad
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