Sarju Kumar Mukerji vs B. Dwarka Prasad And Anr.
Judges:
31 January, 1929·6. We have now to see whether the appellant can insist on being paid the full amount of the mortgage of 1895 before the property (Palohi) is sold on foot of the mortgage of 1918. 7. Nobody denies that the appellant is a prior mortgagee of Palohi under the mortgage of 1895. Under Order 34, Rule 1 Civ...
High Court Of Judicature at Allahabad
Hanwant Rai vs Chandi Prasad And Ors.
Judges:
31 January, 1929·2. Having thus been dispossessed of their property the present suit was instituted by the brothers and survivors of Kauleshar Rai and two of the five transferees. It has been found that defendant 1, one of each transferees, has a small interest in the property mortgaged and that the other transferee...
High Court Of Judicature at Allahabad
(Bohra) Hukum Singh vs Surajpal Singh And Anr.
Judges:
31 January, 1929·JUDGMENT Dalal, J. 1. The learned Judge of Agra, Mr. Bennet, amended a judgment and decree of his predecessor-in-office Mr. Herchenroder on the ground of an accidental slip. A decree-holder failed in the execution Court to obtain sale of certain trees and materials of a house of a judgment-debtor in...
High Court Of Judicature at Allahabad
Hansraj And Ors. vs Official Liquidators Dehra Dun ...
Judges:
30 January, 1929·22. The Companies Act, Section 169, Section 171, Sections 228-232 and any other Act, section or Rule which may be held to be imported by Section 229, more particularly with reference to the Provincial Insolvency Act 5 of 1920, Sections 28(6) and 47, the Rules under the Companies Act, particularly Ru...
High Court Of Judicature at Allahabad
Zorawar Singh And Anr. vs Dip Chand And Ors.
Judges:
30 January, 1929·1. That a suit for declaration with respect to a sale effected more than six years prior to the institution of the suit was barred by time under Article 120, Lira. Act. 2. That when Chhidda and his brother were joint, the possession of Mt. Kokla was adverse and ripened into that of a proprietor afte...
High Court Of Judicature at Allahabad
Khair-Un-Nissa Bibi vs Oudh Commercial Bank Ltd. And Ors.
Judges:
29 January, 1929·6. As already pointed out, the point before the Full Bench in the case in Gaja dhar Singh v. Kishan Jivan Lal [1917] 39 All. 641 and the points in the case before their Lordships of the Privy Council in the case in Fitzholmes v. Bank of Upper India Ltd. A.I.R. 1927 P.C. 25 were ones of limitation. T...
High Court Of Judicature at Allahabad
Munshi Sheo Prasad vs Nawal Kishore And Anr.
Judges: Sulaiman, Kendall
29 January, 1929·3. The defendants in a short written statement denied that there was any valid compromise and urged that the parties had rejected the said compromise. There was a legal plea that, the compromise being on an insufficiently stamped paper and unregistered, no decree could be passed on it. There was fur...
High Court Of Judicature at Allahabad
Ram Narain Das vs Temple Of Thakur Sir Radha ...
Judges: Banerji, King
29 January, 1929·2. The defence to the suit was that the suit was not maintainable, and it was barred by the provisions of Order II, Rule 2 of the Code of Civil Procedure, and that the plaintiffs were not entitled to the exclusive possession of half of the plots in suit. The learned Subordinate Judge found all the i...
High Court Of Judicature at Allahabad
Mt. Fahiman And Ors. vs Awadh Behari Lal And Anr.
Judges:
29 January, 1929·1. This Court had the advantage of having all the law on the subject placed before him with great care by Mr. Sinha and by Mr. Pande. The applicants are decree-holders and they complained that the final foreclosure decree passed under Order 34, Rule 3, Civil P.C., for foreclosure in favour of the pl...
High Court Of Judicature at Allahabad
Ahmad Husain vs Kallu Mian Sajhi Firm
Judges:
29 January, 1929·1. This is a plaintiff's appeal arising out of a suit for a declaration that the property mentioned in the plaint is waqf alalaulad (waqf in favour of the descendants) which is in possession of the plaintiff as mutawalli, and that it is not fit to be attached or sold in execution of a decree in favo...
High Court Of Judicature at Allahabad
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