Mahtab Singh vs The Collector Of Saharanpur
Judges:
21 April, 1932·3. It was not till 29th June 1926, that Mahtab Singh offered to pay Rs. 58,625 out of the consideration of the sale to the mortgagees Kunwar Sen and Bansi dhar. His deposit under Section 83, T.P. Act, was not accepted by the mortgagees in full satisfaction of the charge, existing on the two villages...
High Court Of Judicature at Allahabad
Qasim Husain Reg vs Bibi Kaniz Sakina
Judges:
20 April, 1932·a relinquishment of her right to dower by a Mahomedan woman, who is a minor under the Majority Act, is invalid under the Contract Act, inasmuch as to relinquish dower is not "to act in the matter of dower" within the meaning of Section 2, Majority Act. 5. This view has not been followed by a Bench o...
High Court Of Judicature at Allahabad
Puran Mal And Anr. vs Shiva Lal And Anr.
Judges:
19 April, 1932·2. It appears that one Inayat Khan and his three brothers were entitled to 5/6 share in a village, the remaining 1/6th belonged to a lady. Instead of mortgaging his 1/4 out of the 5/6, Inayat Khan made a mortgage of 1/4 share in the village to the present plaintiffs. This came to about 17 bighas odd...
High Court Of Judicature at Allahabad
Aziz Ullah Khan And Ors. vs Court Of Wards
Judges:
19 April, 1932·3. The mortgagee then applied to the trial Judge asking him under Section 152 to amend the decree. The Subordinate Judge rejected the application on the ground that his decree had become merged in that of the District Judge and he had no jurisdiction to amend the decree. The mortgagee then applied t...
High Court Of Judicature at Allahabad
L. Ram Charan Lal vs Mt. Hanifa Khatun And Anr.
Judges:
14 April, 1932·1. This is an application in revision against a decree of the Court of Small Causes. The suit was upon the basis of a bond executed by one Zahur Ahmad. Zahur Ahmad died before the institution of the suit and the creditor impleaded his widow, his father and his daughter, who were alleged to be in pos...
High Court Of Judicature at Allahabad
District Board Of Farrukhabad And ... vs Ikhlaque Husain
Judges: H J Which, D H He, B H Interfered, I R With, C P Cases, T W Which, H G Dicta, S O Council, F B Is, T M Mind, M I Occur, N A It, I I Case, T L Them, T D Wrongly, T H Case, E I Wrongly, D N They
14 April, 1932·5. A Court must either have jurisdiction or not have it. If any of the elements of jurisdiction are missing, it has no jurisdiction. I am unable to appreciate how an irregularity can involve or effect jurisdiction or relate to jurisdiction without destroying that jurisdiction; it cannot destroy, so ...
High Court Of Judicature at Allahabad
Mt. Shiyam Dei vs Bankey Lal And Ors.
Judges:
13 April, 1932·2. The plaintiff's suit has been dismissed by the Subordinate Judge on his finding that the suit is barred as against the official receiver by Section 80, Civil P.C. It does not appear to me that this finding would necessarily bring the suit to an end for the main question raised by the plaintiff wa...
High Court Of Judicature at Allahabad
Md. Said Khan vs Md. Abdus Sami Khan And Anr.
Judges:
13 April, 1932·JUDGMENT Mukerji, J. 1. This is an appeal by a judgment-debtor whose application to have a sale hell on 20th December 1980 set aside has failed. The usual objections-ware taken, namely there was a material irregularity in publishing and conducting the sale, and there was a substantial injury to the ...
High Court Of Judicature at Allahabad
Jag Narain Pande And Anr. vs Mata Badal And Anr.
Judges:
10 April, 1932·1. This is a reference under Section 5, Court-fee Act, 1870, and the question raised is whether an application under Section 13 of the Act, for refund of Court-fee. The application is question was the made to the High Court which passed the remand order in consequence of which the refund is claimed....
High Court Of Judicature at Allahabad
Sarju Prasad Sonar vs Mahadeo Prasad Pandey And Anr.
Judges:
08 April, 1932·2. We are of opinion that the answer is to be found in the plain terms of Section 11, and whether or no in some special types of cases a suit may be held to be barred, as it is put sometimes, by an extension of the principle to be found in Section 11, we can see no possible ground for going beyond t...
High Court Of Judicature at Allahabad
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