(Sher) Ahmad Khan vs Ali Bux
Judges:
16 June, 1930·2. On 6th August 1929, a decree for Rs. 157-10-0 was passed ex parte in favour of the applicant Sher Ahmad Khan against Ali Bakhsh the opposite party who was the defendant. Ali Bakhsh was arrested in execution of the decree and brought before the Munsif. On 26th October 1929, Ali Bakhsh presented a ...
High Court Of Judicature at Allahabad
Mt. Imtiaz Begam vs Abdul Karim Khan And Ors.
Judges:
13 June, 1930·7. The defendant contests this finding The matter is not entirely free from doubt or difficulty. Under certain circumstances a Mahomedan widow has a right to retain possession of the property left by her husband, This right of retention is not a lien in the true sense of the term. Her right to retai...
High Court Of Judicature at Allahabad
Bansidhar vs Ratan Lal
Judges:
13 June, 1930·2. Two points have bean urged before us: 1. that the learned Additional District Judge had no jurisdiction to hear the application for review of judgment; and 2. that the learned Additional District Judge failed to consider the question of limitation that had been raised on behalf of the appellant. ...
High Court Of Judicature at Allahabad
Mithai And Ors. vs Hasan Ali And Ors.
Judges: Mukerji, Banerji
13 June, 1930·2. The Munsif framed eight issues and he decided all of them. He found that the plaintiffs had no right to maintain the suit. He found that the suit was bad for multifariousness and he found that most of the buildings on the site were more than 12 years old. He also found that the plaintiffs were no...
High Court Of Judicature at Allahabad
Madan Lal vs Chiddu And Ors.
Judges:
12 June, 1930·Now these are the principles which govern this and all other cases of the kind and according to these principles there can be no doubt that the present mortgage is void. 5. The report of counsel's argument as given in the volume of Indian Cases shows that it was actually argued on one side that it w...
High Court Of Judicature at Allahabad
Dwarka vs Ram Jatan And Anr.
Judges: Sen, Niamatullah
12 June, 1930·Let an injunction be issued directing the defendants to allow passage to the plaintiff from his back door up to the bamboo clump leaving a way two feet wide and not to interfere with the plaintiff's rights of easement in future. Amin's map to form part of the decree. 6. Both the parties appealed. Th...
High Court Of Judicature at Allahabad
Sewa Ram vs Hoti Lal And Anr.
Judges:
05 June, 1930·5. The learned advocate for the appellant has argued that a claim arising under a promissory-note cannot be enforced independently of it and that a plaintiff is allowed to fall back upon the original loan transaction only if the promissory-note is inadmissible in evidence or is for any other reason ...
High Court Of Judicature at Allahabad
Narain Prasad And Ors. vs Narain Singh And Ors.
Judges: Sen, Niamatullah
05 June, 1930·6. Plaintiffs had denied all knowledge of Sadho Ram's mortgage. This denial was foolish and false. Plaintiffs had also denied that Peareylal was their benamidar under the simple mortgage dated the 19th of January, 1912. 7. The Court of first instance held that the usufructuary mortgage in favour of ...
High Court Of Judicature at Allahabad
Narain Pershad And Ors. vs Narain Singh And Ors.
Judges:
05 June, 1930·6. It is difficult to follow the reasoning of the learned Additional Subordinate Judge. The decretal amount was considerably in excess of what the plaintiffs had agreed to pay Sadho Earn. In paying the decretal amount, the plaintiff could not be "taken to have paid what they had taken upon themselve...
High Court Of Judicature at Allahabad
Kesho Ram vs Chunni Singh And Anr.
Judges:
04 June, 1930·2. It has been argued by counsel for the appellant Kesho Ram that the suit of the plaintiff would not come under Order 21, Rule 63, and that the plaintiff is precluded from bringing the present suit in the civil Court. The ground on which the plaintiff is precluded is not particularly clear, because...
High Court Of Judicature at Allahabad
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