Ram Iqbal Rai vs Telessari Kuari And Anr.
Judges: S 3 See, S 269, T Act
27 June, 1930·15. The two points which have been referred to us are as follows: (1) Whether Section 269 is applicable to a case if the appellate Court on a wrong view of the admission contained in the plaint sets aside an order returning the plaint and remands the case to the Munsif's Court for disposal although ...
High Court Of Judicature at Allahabad
Ram Kinkar Rai And Anr. vs Tufani Ahir And Ors.
Judges:
27 June, 1930·5. To the same effect is Sheodayal v. Jagernath [1919] 8 A.L.J. 922. Dr. Agarwala also referred us to the Privy Council case of Kamlaput Moti Lal v. Union Sugar Mills Co. A.I.R. 1929 P.C. 256. In that case it was pointed oat to their Lordships of the Privy Council that a scheme, which it was essenti...
High Court Of Judicature at Allahabad
Sital Prasad vs Ranjit Singh And Ors.
Judges:
25 June, 1930·5. The suit was contested on the ground that the contract between the parties was really of the nature of a wager, that a claim for damages for its breach was not legally maintainable, and that the plaintiffs were not competent to sell the grain pit at Sambhalka without complying with the provisions...
High Court Of Judicature at Allahabad
(Kuerani) Mt. Dan Kuer vs Ewaz Singh
Judges:
24 June, 1930·2. In her defence the defendant raised the plea that she was the owner of the entire mortgage and that the plaintiff was not at all interested in the mortgage. The question of proprietary title to the property involved in the suit for profits having thus been raised, the learned Assistant Collector ...
High Court Of Judicature at Allahabad
Khalilur Rahman Khan vs Collector Of Etah
Judges:
24 June, 1930·2. On 25th September 1914, while the property was in the possession of Habib urrahman Khan under the aforesaid lease, Abdul Jalil Khan executed a simple mortgage in favour of Rao Maharaj Singh (now represented by the Collector of Etah in charge of his estate) for a sum of Rs. 15,000. A suit for sale...
High Court Of Judicature at Allahabad
Moti Lal Ramchandar vs Durga Prasad
Judges:
24 June, 1930·1. This is an application in revision under the following circumstances: A decree was passed on 4th March 1927, in favour of the applicant firm Moti Lal Ram Chandar Das. Durga Prasad, the defendant, presented an application to set aside the ex-parte decree and the decree was set aside by the learned...
High Court Of Judicature at Allahabad
Joti Prasad And Anr. vs Hardwari Mal And Anr.
Judges: Sen, N Ullah
19 June, 1930·Suit for recovery of Rs. 6,636-4-6 with interest at 9 per cent. per annum from 1st April, 1922, to 16th June, 1923, the date of institution of this suit, and also interest pendente lite excluding the period occupied by plaintiff's appeal and future at 8 annas per cent. per mensem is decreed. The par...
High Court Of Judicature at Allahabad
Joti Prasad And Anr. vs Hardwari Mal And Anr.
Judges:
19 June, 1930·5. The defendants filed an appeal. The plaintiffs preferred a cross-objection under Order 41, Rule 24, Civil P.C. The lower appellate Court allowed the appeal in part and dismissed the cross-objections and directed that the parties should bear their own costs. 6. The defendants have preferred an app...
High Court Of Judicature at Allahabad
Mohamed Sharif vs Nasir Ali And Ors.
Judges:
18 June, 1930·4. The learned advocate for the appellant has argued: (1) that the suit should have been brought within three months from the accrual of cause of action, as required by Section 42, Police Act 5 1861; (2) that even if a longer period of one year provided for by Article 23 Sch. 2, Limitation Act, be a...
High Court Of Judicature at Allahabad
Sallu Mal And Anr. vs Emperor
Judges:
17 June, 1930·JUDGMENT Boys, J. 1. I see no reason whatever for interfering with the Magistrate's order which is a most proper one, and a reference to the terms of Section 133 would make that absolutely clear. The person on whom notice was issued to show cause why the obstruction should not be removed set up at t...
High Court Of Judicature at Allahabad
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