Rajdeo vs Nath Prasad Misra
Judges:
23 May, 1930·1. The discretion conferred upon this Court for interference under Section 25, Provincial Small Cause Courts Act is more extensive than the powers of this Court in a revision under Section 115, Civil P.C. Plaintiff sued the defendant for recovery of a certain sum of money on a bond alleged to have b...
High Court Of Judicature at Allahabad
Abdul Alim And Anr. vs Abdul Hamid
Judges: Sen, Niamatullah
21 May, 1930·4. The defendant did not deny that the property in suit barring three he uses was endowed property nor did he set up a claim adverse to the trust. It was immaterial for the purpose of the suit whether the two mosques were founded by Haji Qadir Bakhsh. The vital issues in the case were: 1. Did Qadir ...
High Court Of Judicature at Allahabad
Sankatha Misir vs Bishwanath And Ors.
Judges:
21 May, 1930·3. Under Section 145, Sub-clause (4), Criminal P.C. (it is not suggested that earlier provisions have not been complied with): The Magistrate shall then .... peruse the statements so put in, hear the parties, receive all such evidence as may. be produced by them respectively, consider the effect of ...
High Court Of Judicature at Allahabad
Imamuddin vs Mohd. Raisul Islam Hashmi And Anr.
Judges:
20 May, 1930·How did he make the second demand, whom he did appoint witnessess and whether in whose presence he appointed witnesses, was nearer than the other. 7. It is further expressly mentioned that the taking of witnesses is necessary for the purpose of strengthening the claim. In the Hedayah, Vol. 6, on Pre...
High Court Of Judicature at Allahabad
Gobindji And Ors. vs Lallamul Hardeo Das And Ors.
Judges:
20 May, 1930·There was no pressing legal necessity... nor was any benefit or gain of the family considered, nor was it obtained. 4. It is also alleged: Jamna Prasad is not the karta of the family and Kunj Behari is bent on wasting the entire property. 5. The learned Subordinate Judge came to the conclusion that ...
High Court Of Judicature at Allahabad
Mani Ram Misra vs Purshotam Lal And Anr.
Judges:
20 May, 1930·3. The defence to the suit was two fold. One was that the plaintiff's case was not true and the defendants were the real contractors, and secondly, the agreement alleged by the plaintiff was void under Section 23, Contract Act. The learned Subordinate Judge gave effect to both the pleas. He held tha...
High Court Of Judicature at Allahabad
Hasan Ali vs Waliullah And Anr.
Judges:
19 May, 1930·4. The present suit was instituted by the heirs of the lessor for recovery of Rs. 2,569 being the rent due from Rabi 1331 F up to 1333 F. 5. The suit was resisted inter alia on the ground that the guarantor having revoked his contract of guarantee by notice, dated 28th September 1924, he was not lia...
High Court Of Judicature at Allahabad
In Re: Radhey Lal And Ors. vs Unknown
Judges:
16 May, 1930·2. The learned Government Advocate has placed before us an unreported judgment of a Pull Bench of the Madras High Court delivered on 20th January 1930 [Since reported in S.A. Subbiah Iyer v. Commr. of Income-tax A.I.R. 1930 Mad. 449 (F.B.) Ed.] as an authority for the proposition that the High Court...
High Court Of Judicature at Allahabad
Nathu Ram vs Ganga Bux
Judges:
16 May, 1930·4. On 21st December 1929 a formal application was put in for extending the period of limitation upon the ground of fraud. It was stated therein that the plaintiff in consideration of the receipt of Rs. 50 paid to him by the defendant had agreed to exempt him from the action and that he had been assu...
High Court Of Judicature at Allahabad
Rama Shankar And Anr. vs Janki Prasad
Judges:
16 May, 1930·JUDGMENT Sen, J. 1. The facts of the case which have given rise to this appeal are set forth in the judgment of the lower appellate Court and need not be recapitulated. A decree for profits was passed against the appellant by the revenue Court on 30th October 1926. An appeal was filed in the Court o...
High Court Of Judicature at Allahabad
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