Altaf Begam vs Brij Narain
Judges:
24 January, 1929·6. In this connexion we may dispose of an argument which has been pressed before us very strongly, namely that the decretal amount was over Rs. 5,500 the amount which had since fallen due exceeded Rs. 2,000 and the capitalised value of the future allowance was considerable, and all these items could...
High Court Of Judicature at Allahabad
Raja Lohar vs Nur Mohammad And Ors.
Judges: Dalal
24 January, 1929·1. The subordinate Courts have not proceeded correctly in this matter. The plaintiff Raja Lohar minor under the guardianship of Jawahir Lohar instituted the present suit. The suit proceeded nearly up to the date of the judgment. A day before the judgment the defendants pointed out that Jawahir Lohar...
High Court Of Judicature at Allahabad
Dasami Sahu vs Param Shameshwar Uma ...
Judges:
24 January, 1929·2. On 7th July 1909 Chittaranjan and his mother jointly executed a mortgage deed of this property. Chittaranjan described himself as the owner in possession of the premises, and his mother asserted that she had a charge of maintenance on it. They purported to mortgage the property in their own right...
High Court Of Judicature at Allahabad
Habib Bakhsh vs Amina Bibi And Ors.
Judges:
23 January, 1929·4. The trial Court found that the plaintiff did in fact knowingly execute the deed of gift and that no fraud or misrepresentation had been practised upon her, but the learned Subordinate Judge found that the document had been executed under undue influence since her brother was in a position to domi...
High Court Of Judicature at Allahabad
Mohammad Daud Khan vs Jia Lal And Anr.
Judges: Dalal
23 January, 1929·JUDGMENT Dalal, J. 1. The view of Civil Courts as to the examination of evidence in cases where damages are wanted for malicious prosecutions will have to be revised after the judgment of their Lordships in the case of Balbhaddar Singh v. Badri Sah 95 Ind. Cas. 329 : 24 A.L.J. 453 : 3 O.W.N. 499 : A...
High Court Of Judicature at Allahabad
Tamizan vs Nanhey Lal And Ors.
Judges:
23 January, 1929·JUDGMENT Dalal, J. 1. The name of respondent 9 shall be removed from the record. Reference should be made to the order passed by another learned Judge on 27th June 1927 when admitting the appeal. The plaintiff who was the heir of one Channu Khan was entitled to seven siham property on his death and ...
High Court Of Judicature at Allahabad
Zalim Singh And Anr. vs Raghunandan And Ors.
Judges:
23 January, 1929·1. This is a defendants appeal arising out of a suit for pre-emption. The first Court dismissed the claim, but on appeal the lower appellate Court has decreed it, holding that there is no right of pre-emption in the mahal in which the property is situated. There are three mahals, in this village. Wa...
High Court Of Judicature at Allahabad
Mohammad Daud Khan vs Jai Lal And Anr.
Judges:
23 January, 1929·JUDGMENT Dalal, J. 1. The view of civil Courts as to the examination of evidence in cases where damages are wanted for malicious prosecutions will have to be revised after the judgment of their Lordships in the case of Balbhaddar Singh v. Budri Sah A.I.R. 1926 P.C. 46. The common impression was that...
High Court Of Judicature at Allahabad
Mt. Jahandar Begam And Anr. vs Chinta
Judges:
22 January, 1929·1. The opinion of the lower appellate Court is partly wrong but on the finding of fact of fraud this appeal cannot succeed. The plaintiff is a grove-holder and sued for such declaration with respect to the plot in suit and in the alternative for possession. It happened that for arrears of rent the d...
High Court Of Judicature at Allahabad
Badruddin And Ors. vs Tej Ram And Ors.
Judges:
22 January, 1929·4. It is clear from the Full Bench case that there is no charm in the term "dhardhura" and that the mere allegation of the existence of the custom of dhardhura cannot be taken to mean that the custom applies so as to confiscate what was, the day before, the property of another man. It will be noted ...
High Court Of Judicature at Allahabad
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