Chatar Sen vs Mitter Sen And Anr.
Judges: Bennet
09 November, 1933·JUDGMENT Bennet, J. 1. This is a second appeal by a plaintiff against a decree of the lower Appellate Court which modified the decree of the Court of first instance allowing certain sums to the plaintiff under Section 227 of Act III of 1926. There were two sets of co-sharers in the khewat in questio...
High Court Of Judicature at Allahabad
Habib Ullah And Anr. vs Mahmood And Ors.
Judges:
08 November, 1933·8. The portion of the rule which we have not quoted states that this provision of law is subject to the result of a suit that may be instituted by the unsuccessful party to establish the right which he claims. 9. If the order is going to be conclusive, this means that it is going to be conclusive be...
High Court Of Judicature at Allahabad
Prem Ballabh Pant vs Mt. Shri Krishna Sundari And Anr.
Judges:
08 November, 1933·1. This is a second appeal from the decision of the learned District Judge of Kumaun. The suit was for declaration that the plaintiff, who is a Hindu widow, was entitled to 51 nalis of land out of 153 nalis. 2. The widow-plaintiff is the widow of one of the three brothers. In 1925 one of the survivi...
High Court Of Judicature at Allahabad
Shujaatmand Khan And Ors. vs Govind Behari And Ors.
Judges:
07 November, 1933·1. This is an application in revision against an order of the Subordinate Judge of Farrukkabad, allowing an amendment to be made in a plaint and in a preliminary decree in a foreclosure suit. The facts are these: On 16th December 1897, eight of the zamindari properties now in suit were mortgaged for...
High Court Of Judicature at Allahabad
Mt. Kaulpati Kuar vs Kashi Prashad Singh
Judges:
07 November, 1933·1. This is an application for the refund of court-fees paid in this Court and there is an oral prayer that the court fee paid in the lower appellate Court should be refunded. 2. The trial Court dismissed the suit against defendants 4, 5 and 6, and decreed the claim against defendants 1, 2 and 3, The...
High Court Of Judicature at Allahabad
Deota Din Singh vs Raj Narain Singh And Anr.
Judges:
06 November, 1933·1. The plaintiffs-respondents sued for the possession of an 18 ganda share in a zamindari property and the defendant-appellant contested their claim to that share. Both the Courts decided that as a result of a partition the plaintiffs were entitled to that share, and this is a decision of fact. The ...
High Court Of Judicature at Allahabad
Biradhmal Lodha vs Commissioner Of Income Tax
Judges:
03 November, 1933·Total ... 315 ------ and 76 shares were sold, and one share was given to charity. Up to 1926 the income from these shares was taken as part of the joint family income for the purposes of income tax assessment, and no objection was made. In the year 1927 the manager of the joint family made an object...
High Court Of Judicature at Allahabad
(Firm) Abdul Aziz Khan vs Niaz Ullah Lambardar
Judges:
03 November, 1933·ORDER Mukerji, J. 1. The plaintiff firm has lost its suit in the Small Cause Court on the ground of limitation. I have to see whether the judgment is wrong. The plaintiffs deal in timber and the defendant does the business of sawing wood. The plaint says that between certain dates a certain sum of m...
High Court Of Judicature at Allahabad
Biradhmal Lodha vs Income-Tax Commissioner
Judges:
03 November, 1933·(1. A) Should the plea that certain shares have been divided between the members of a joint Hindu family be raised at the time of making an assessment under Section 23 or can it be raised for the first time on an appeal against that assessment? When the first question was framed by the Bench of whic...
High Court Of Judicature at Allahabad
Biradhmal Lodha vs Income-Tax Commissioner
Judges: N Ullah, Bennet
03 November, 1933·4. Section 66(5) lays down: "The High Court upon the hearing of any such case shall decide the questions of law raised thereby." This shows that it is open to this Court when hearing the case on the statement of the Commissioner to decide what are the questions of law which arise, and in fact that h...
High Court Of Judicature at Allahabad
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