Ramadhar Pande And Anr. vs Musammat Amraji And Ors.
Judges: Dalal
07 February, 1929·JUDGMENT Dalal, J. 1. The learned Judge of the lower Appellate Court has entirely misconceived the law on the subject of malicious prosecution. Reference should be made to the observations of their Lordships of the Privy Council in Balbhaddar Singh v. Badri Sah 95 Ind. Cas. 329 : 24 A.L.J. 453 at p....
High Court Of Judicature at Allahabad
Karam Ali vs Mohammad Latif And Ors.
Judges:
07 February, 1929·JUDGMENT Dalal, J. 1. This property in suit was once held by a man of the name of Wazir. He disappeared and his wife Bandi Bibi took possession of the property as against the rightful heirs by right of succession. She sold the property on 16th September 1873 to two persons for a sum of Rs. 700. Ulti...
High Court Of Judicature at Allahabad
K. Banerjea, Proprietor Of The ... vs Manzar Ali Sokhta
Judges: G Mears, Young
06 February, 1929·3. As to the last ground of objection, that on the materials on the record the plaintiff was not entitled to the decree which was awarded to him, I am clear that the appellant's objection is sound. It is patent on the face of the plaint that the Subordinate Judge had no proper materials before him t...
High Court Of Judicature at Allahabad
Raghunath Singh And Ors. vs Sheo Partap Singh And Ors.
Judges:
06 February, 1929·3. In 1877 foreclosure proceedings were taken by the mortgagees, but they proved abortive, because the mortgagees did not pursue the matter to an end by the necessary legal process. In 1880 there was a partition between the mortgagees of certain villages. The defendants were parties to that partitio...
High Court Of Judicature at Allahabad
Gayadin Singh And Ors. vs Kalka Singh And Ors.
Judges:
05 February, 1929·2. The question is of considerable difficulty because the statement is not before the Court, and the circumstances under which the statement was made and the exact words cannot be gathered from the oral testimony and from the judgment of the settlement Court which is still in existence. It appears, ...
High Court Of Judicature at Allahabad
Mansa Tewari And Ors. vs Parmeshar Tewari And Ors.
Judges:
04 February, 1929·2. In this Court, only one point has been urged by the learned Counsel for the appellants and it is this. In the circumstances of the case, the relief of perpetual injunction was not proper. The appellant's point is that a perpetual injunction cannot be granted where pecuniary compensation would aff...
High Court Of Judicature at Allahabad
Jai Nandan Tewari vs Umrao Koeri And Anr.
Judges:
01 February, 1929·1. These two appeals arise out of two redemption suits between the same parties. The suits were dismissed by the trial Court on the ground that the plaintiffs had not proved the two mortgages set up. The lower appellate Court decreed the suit on the ground that although the two mortgages set up were...
High Court Of Judicature at Allahabad
Ram Charan And Anr. vs Tulshi Ram And Anr.
Judges:
01 February, 1929·Where a suit abates or is dismissed under this order, no fresh suit shall be brought on the same cause of action. 3. The question that is before us, therefore, is whether the present suit has been brought on the same cause of action as the earlier suit brought by Durga Prasad. 4. It must be assumed ...
High Court Of Judicature at Allahabad
Fazlul Rahman Khan vs Barumal And Ors.
Judges:
01 February, 1929·(1) Whether Kashmiri Das had obtained proprietary title to the site of the shop by adverse possession; and (2) Whether there was a custom of transfer in this particular hamlet of the right of residence. 2. It is not contended that Kashmiri Das was the owner of the site by purchase. As to adverse pos...
High Court Of Judicature at Allahabad
Raghubar Dayal vs Puran Singh
Judges:
01 February, 1929·1. This is plaintiff's appeal. The only point for consideration in this appeal is whether the order passed by the learned Munsif on 26th February 1925, dismissing the suit was an order of dismissal for default. The order on the face of it shows that it was not a dismissal for default. The learned Ju...
High Court Of Judicature at Allahabad
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