Ahmad-Ullah vs Abdul Rahim
Judges: G Mears, Piggott
03 May, 1923·JUDGMENT Grimwood Mears, C.J. and Piggott, J. 1. The facts out of which this appeal arises are best stated in the judgment of the lower appellate court, dated the 24th of July, 191.9, where the essential question for determination is clearly set forth. That question is whether the making by a mortga...
High Court Of Judicature at Allahabad
Ahmadullah vs Abdul Rahim
Judges: G Mears, Piggott
03 May, 1923·JUDGMENT 1. The facts out of which this appeal arises are test sifted in tie judgment of tie lower Appellate Court, dated the 24th of July 1919, where, the essential question for determination is dearly set forth. That question is, whether the making by a mortargor of a deposit, under Section 83 of ...
High Court Of Judicature at Allahabad
Musammat Bakhshi And Anr. vs Hyder Khan
Judges: G Prasad
02 May, 1923·1. This is a defendants appeal arising out of a suit by the plaintiff zemindar against the respondent for recovery of a certain amount as an artisan cess, as the plaintiff himself calls it in paragraph 2 of the plaint. The defendants are weavers and they have four handlooms. The plaintiff claims Re....
High Court Of Judicature at Allahabad
Musammat Islam Fatima vs Syed Tamiz Ali
Judges: K Lal
02 May, 1923·1. This appeal arises out of a suit brought by the plaintiff-respondent for the possession of certain property said to have been sold by defendant No. 1, through defendant No. 2, who is her husband, to the plaintiff. The sale was effected on the 31st December 1918. The sale-deed was presented for re...
High Court Of Judicature at Allahabad
Babu Bishambhar Nath vs Muhammad Ubaid Ullah Khan And Ors.
Judges: Ryves, Daniels
01 May, 1923·4. The repetition of the terms "payment of the mortgage-money," or "such payment" in each of the definition makes it clear that before a document can be a mortgage by conditional sale it must first be a mortgage, i.e., the property must be transferred as security for a debt. The definition of a mort...
High Court Of Judicature at Allahabad
Bishambhar Nath vs Muhammad Ubaidullah Khan And Ors.
Judges: Ryves, Daniels
01 May, 1923·4. The repetition of the terms "payment of the mortgage-money," or "such payment," in each clause of the definition makes it clear that before a document can be a mortgage by conditional sale it must first be a mortgage, i.e., the property must be transferred as security for a debt. The definition o...
High Court Of Judicature at Allahabad
Mahammad Hadi vs Debi Prasad And Ors.
Judges: Walsh, K Lal
01 May, 1923·JUDGMENT 1. There is no force in this appeal. On the 29th of January 1907 a decree was obtained under Section 90 of Act IV of 1882. The application for execution, with which we are at present concerned, was made on the 15th of April 1912, for the attachment and sale of certain property. An attachmen...
High Court Of Judicature at Allahabad
Sheikh Muiz-Ud-Din vs Mohammad Ikhlaq And Anr.
Judges: Walsh, K Lal
01 May, 1923·1. The question for consideration in this appeal is, whether Sheikh Muiz-ud-din is entitled to obtain a refund of the money due to Bashir-ud-din, the late de facto mutwalli of the trust. It appears that a suit was filed by certain persons to dislodge Bashir-ud-din from the position of the mutwolli o...
High Court Of Judicature at Allahabad
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