Durga Narain Singh vs Shanker Singh And Ors.
Judges:
22 December, 1933·2. Under a compromise, dated 4th March 1922, the plaintiff owns a 9 anna share, and the defendants have a 7 anna share in the village in question. The plaintiff instituted a suit in the trial Court to recover a sum of money from the defendants. It was alleged that the land-revenue for the village in...
High Court Of Judicature at Allahabad
L. Ram Nath And Anr. vs Lala Ram Chandra Mal
Judges:
22 December, 1933·1. This is a second appeal by the defendants against a decree passed by the lower appellate Court in favour of the plaintiff. The plaintiff sued on a promissory note dated 4th January 1928, and a receipt on which he claimed that on that date Rs. 2,000 cash had been lent to the defendants. The defend...
High Court Of Judicature at Allahabad
Gaekwar Baroda State Railway vs Sheik Habib Ullah
Judges:
22 December, 1933·(1) One of the orders was signed after the goods covered by them had been delivered by the plaintiff. (2) The forms used for the order, referred to in para. 2 of the plaint, (were not, and are not) the proper forms prescribed for contracts under the rules and regulations of the defendant (vide annex...
High Court Of Judicature at Allahabad
Widdia Pat Upadhiya And Anr. vs Mahadeo Shastri And Ors.
Judges:
22 December, 1933·1. This is an application in revision of an order of a Munsif rejecting an application to sue as paupers which was made by two plaintiffs who were brothers. The application was rejected apparently under Order 33. Rule 5(a) as the Court found that the application was not framed and presented in the m...
High Court Of Judicature at Allahabad
Mt. Kishan Devi vs Chand Mal
Judges:
22 December, 1933·The plaintiff, if he had chosen, could, before lending his money, have obtained from the Hindu widow the security of ancestral property by obtaining a mortgage. He did not choose to demand a mortgage before advancing his money; he accepted the personal liability of the widow. He now seeks to get a d...
High Court Of Judicature at Allahabad
Bharta vs Chet Ram
Judges:
22 December, 1933·3. No doubt in England a clear distinction has been drawn between a set-off which merely amounts to an adjustment or satisfaction of the plaintiff's claim and a counter-claim under which a defendant claims a decree for the surplus amount due to him. Courts in India have adopted the same distinction ...
High Court Of Judicature at Allahabad
B. Shiva Shankar Das And Ors. vs Mufti Syed Yusuf Hasan
Judges:
22 December, 1933·It was decided by the High Court of Calcutta in the case of Chutterput Singh v. Sait Sumari Mull A.I.R. 1916 Cal. 488 a Full Bench decision of the year 1916, that an application for transmission of a decree from the High Court to a District Court was not by itself a revival of the decree within the ...
High Court Of Judicature at Allahabad
Gokul And Anr. vs Sheo Nandan And Ors.
Judges:
22 December, 1933·1. This is a plaintiffs' appeal against an appellate decree and order of the District Judge of Allahabad, dismissing the plaintiffs' suit which was for a declaration of their ownership to certain property in what is called the village of Qoraishpur, which is within the Municipality of Allahabad. The...
High Court Of Judicature at Allahabad
Khunni Lal vs Bankey Lal And Ors.
Judges:
21 December, 1933·It is however settled that the Court will not enforce a mere agreement to lend, advance or pay money (though the loan be one to be secured by mortgage), while it rests entirely unperformed either by the intended lender or by the intended borrower. 4. Section 21, Clause (a), Specific Relief Act, enac...
High Court Of Judicature at Allahabad
Arjun And Ors. vs Man Singh Of Sewai And Anr.
Judges:
21 December, 1933·2. It is not disputed that the plaintiff was the owner of the land upon which the public street was constructed. As owner thereof the plaintiff claims proprietary rights a caelo usque ad centrum, that is, he claims as owner of the land everything pertinent or belonging thereto whether above or below...
High Court Of Judicature at Allahabad
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