Narain Das Gopal Das vs (Firm) Khunni Lal Lachmi Narain
Judges:
21 February, 1934·2. It is alleged in the affidavit filed in support of the application for the transfer of suit No. 570 that the forward contracts on behalf of the opposite-party were entered in Agra, and the goods were ultimately sold at Agra, and that all the witnesses who would be examined in the case are residen...
High Court Of Judicature at Allahabad
Cantoment Board vs Kishan Lal
Judges:
20 February, 1934·5. Similarly it may be possible to hold, although it is not necessary to decide in this Court, that in a separate suit the want of jurisdiction of a Court which has pronounced a judgment can be enquired into. Obviously Section 11 would not be a bar because that would only apply to a case where the f...
High Court Of Judicature at Allahabad
Gupta And Co. vs Kripa Ram Brothers
Judges:
19 February, 1934·4. There are many other cases in this Court in which for instance, it has been held that an application from an order dismissing an application for leave to sue in forma pauperis can be entertained or that a revision would lie from an order refusing the defendant to file a written statement or refus...
High Court Of Judicature at Allahabad
Mohamudul Hasan vs Mohammad Shibli Khan
Judges:
16 February, 1934·1. This is second appeal from the Second Additional Subordinate Judge of Azamgarh. The plaintiff brought a suit for malicious prosecution and the lower appellate Court has given a decree to the plaintiff for Rs. 200 damages. The defendant appeals. The sole point taken by the defendant is that the lo...
High Court Of Judicature at Allahabad
Shibban And Ors. vs Allah Mehar And Anr.
Judges:
16 February, 1934·1. This is a defendants' appeal arising out of a suit for possession and injunction brought by the plaintiff's against four defendants treating them as trespassers. The plaintiff's case was that the land in question was their graveyard and the defendants wrongfully enclosed it. The defence was that ...
High Court Of Judicature at Allahabad
Kr. Sri Narain Dubey vs Kr. Ram Narain Dubey And Anr.
Judges:
14 February, 1934·JUDGMENT This is an execution second appeal brought by the judgment-debtor against an appellate order of the District Judge dismissing an appeal from the order of the Assistant Collector dismissing the objection of the judgment-debtor. Under Section 249, Agra Tenancy Act, Act 3 of 1926, no appeal sh...
High Court Of Judicature at Allahabad
Khedan Ahir And Anr. vs Ram Rekha Pande And Ors.
Judges:
13 February, 1934·2. On 29th April 1932 the plaintiffs, who are appellants before us, deposited their share of the amount, namely, 2/3, in the Government Treasury, and fulfilled the first condition laid down in the decree. In April 1932 appeals were preferred by the defendant in both the suits in the Court of the Dis...
High Court Of Judicature at Allahabad
Mt. Dukhi vs Inderman Ahir And Ors.
Judges:
09 February, 1934·2. The plaintiff sought by his plaint to recover possession of five plots, Nos. 27-1, 34-2, 31, 636 and 260 by redemption of a mortgage said to have been made in 1915 by her husband, Kashi Koeri, to secure the payment of Rs. 49-15-9. According to her the mortgage was usufructuary, and redeemable on ...
High Court Of Judicature at Allahabad
Kashi Ram Mehta vs Emperor
Judges:
08 February, 1934·Every offence shall ordinarily be inquired or tried by a Court within the local limits of whose jurisdiction it was committed. 5. Then follow other sections under which offences may be tried in other places as well. In particular Section 179 says that: When a person is accused of the commission of a...
High Court Of Judicature at Allahabad
Durga Prasad Singh vs Lachmi Narain
Judges:
08 February, 1934·2. The second item mentioned above, viz. Rs. 99-9-0, was admittedly not paid by the plaintiff-respondent and the claim was for the balance of the principal amount, viz., Rs. 658-7-0, and interest. The property mortgaged was the joint family property of Mata Prasad and Durga Prasad appellant. Both Ma...
High Court Of Judicature at Allahabad
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