Bhola Nath vs Chunni Lal And Anr.
Judges:
28 April, 1931·2. A receiver has bean appointed by the insolvency Court of the assets of the insolvent. The question which arose in the Courts below was whether he can in any way deal with these exproprietary holdings or be authorized to attach the standing crops or realize past and future rents. The form of the o...
High Court Of Judicature at Allahabad
Mt. Har Dei vs Sri Kishun And Anr.
Judges:
27 April, 1931·2. It dismissed the suit. We quote this finding of the trial Court because the lower appellate Court has practically followed in its footsteps. In this latter judgment the learned Judge says: The plaintiff's witness merely road out the entry from the bahi khata and no evidence was adduced on behalf ...
High Court Of Judicature at Allahabad
David, E.V. vs The Judge, Small Cause Court
Judges:
27 April, 1931·3. We cannot accept the contention of the applicant's learned Counsel that because the amount had been passed by the insolvency Court that cannot now be reopened. If on an examination of the accounts by an auditor certain mistakes and overcharges are pointed out, it is open to the Court to reopen th...
High Court Of Judicature at Allahabad
Ram Prasad vs Shiva Kumar And Anr.
Judges:
24 April, 1931·4. On 1st February 1929, the decree-holders asked for further time and time was granted to them up to 16th February 1929. On that date they produced the verified statement and the sub-registrar's certificate, but did not produce the copy of the decree. They were asked to furnish a copy of the decree...
High Court Of Judicature at Allahabad
Mul Chand vs Thakur Das
Judges:
24 April, 1931·1. This is an appeal by the plaintiff and it arises out of a suit for partition and separate possession of a moiety share of a house in the city of Aligarh. Plaintiff claims to be the adopted son of one Basheshar Lal. He claims to have been adopted by his widow Mt. Rupanian. The action is directed a...
High Court Of Judicature at Allahabad
Daya Shankar vs B.B. And C.I. Ry. Co.
Judges:
24 April, 1931·3. In this Court it has been contended that the learned Subordinate Judge drew a wrong inference from the facts found and that there was no contributory negligence. 4. There can be no doubt that the matter is concluded by English cases and there is at least one Indian case which is against the respo...
High Court Of Judicature at Allahabad
Bunni Pandy vs Brahmdeo Pandy And Anr.
Judges:
24 April, 1931·1. This is an application in revision by the plaintiff arising out of a suit brought in the Munsif's Court for maintenance of joint possession over a one-third share in certain fixed rate tenancies and for a declaration of the plaintiff's right. In the plaint it was admitted that the defendants wore...
High Court Of Judicature at Allahabad
Shiam Lal vs Abdul Salam
Judges:
24 April, 1931·4. If we look to the Contract Act, Section 73, we shall find that the construction which the learned Counsel for the appellant would put on Section 73 is too narrow. The section reads as follows: When a contract hag been broken, the party who suffers by such breach is entitled to receive * * * * com...
High Court Of Judicature at Allahabad
Sheo Balak Singh vs Mahabir Singh And Anr.
Judges:
23 April, 1931·JUDGMENT Smith, J. 1. This is a revision from an order refusing to entertain an application for review of judgment. The application was based on the ground that the lower Appellate Court had taken a wrong view of the facts. A second appeal had been prepared against the order of the lower appellate C...
High Court Of Judicature at Allahabad
Gunni And Ors. vs Dal Chand
Judges:
22 April, 1931·3. The details of consideration were as follows: (a) Rs. 327, due on a mortgage bond, dated 28th May 1915, which was executed by Munga for Rs. 180 in favour of Dal Chand; (b) Rs. 73, received prior to the execution of the document. In the account annexed to the plaint, the mortgagee admitted that he...
High Court Of Judicature at Allahabad
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