Mt. Zainab Bibi vs Umar Hayat Khan And Ors.
Judges:
31 January, 1936·3. It was pointed out that there was a clear exception in the case where under one and the same deed of sale, property subject to pre-emption is sold along with other property not subject to the right, the plaintiff pre-emptor cannot, ex necessitate rei sue for the whole property conveyed by the sal...
High Court Of Judicature at Allahabad
Mansa Ram vs L. Badri Prasad And Anr.
Judges:
30 January, 1936·1. This is an execution second appeal by a judgment-debtor, in which the sole question raised is one of limitation. The decree-holder obtained a decree on 11th December 1926 in the Small Cause Court, Bombay. On 11th July 1928 the decree-holder made an application for transfer of that decree for exec...
High Court Of Judicature at Allahabad
Mt. Ruqia Begam And Ors. vs L. Suraj Mal And Ors.
Judges:
30 January, 1936·3. In the document there was no express suggestion anywhere that he was making a wakf-fi-sabilillah (in the way of God), or for the benefit of the poor, or for any other religious or charitable purpose. Neither the poor, nor any religious institution, nor any charities, were mentioned. The declared ...
High Court Of Judicature at Allahabad
Ram Sewak vs Mt. Rani Subhaddra Kuar
Judges:
30 January, 1936·2. Issues were referred on the question of proprietary title to the Court of the Munsif, and the main issue, 1, was "whether the plaint property belongs to the plaintiff." It will be noted that there was no specific pleading of acquisition of title by adverse possession; but evidence was produced on...
High Court Of Judicature at Allahabad
Pancham vs Rameshwar And Ors.
Judges: Z V Statute, I D General, L D Act, T N Sections, 240, 249, T I Act, A S Act, S J 264, I F Code, T T 43, C P Act, S 5 E G, P I Act, A 2 Council, T A Right, S I Appeals, 2 5 Sections, 2 P Appeals, E I 43, 1 Rule, C P C, N B Would, I A 43, 1 Rule, I E 43, 1 Rule, T W Section
29 January, 1936·1. A preliminary objection is taken to the hearing of this appeal that no appeal lies. The suit was for profits brought in the revenue Court in which a question of title was raised and an issue was sent to the civil Court for decision and the Assistant Collector accepted the finding of the learned M...
High Court Of Judicature at Allahabad
Moti Pansari vs Usman And Ors.
Judges:
29 January, 1936·ORDER Harries, J. 1. This is an application in revision filed by one Moti Pansari praying that an order of acquittal passed by the Second Additional Sessions Judge of Gorakhpur, dated 2nd January 1935, be set aside and the opposite parties convicted and sentenced according to law. The application is...
High Court Of Judicature at Allahabad
Bechan Misir vs Markande Misir And Ors.
Judges:
27 January, 1936·ORDER 1. This is an application in revision by Bechan Misir, defendant, against the order of the learned District Judge, Benares, transferring the suit filed against him by the opposite parties from the Court of the Munsif of Shahgunj, to the Court of the Additional Subordinate Judge, Jaunpur. The v...
High Court Of Judicature at Allahabad
Ch. Gajraj Singh vs Emperor
Judges:
23 January, 1936·1. This is an application for revision of an order passed by a Magistrate, First Class of Etah, in proceedings purporting to be those under Section 145, Criminal P.C. It appears that there was a dispute between the applicant, Chaudhri Gajraj Singh, on one side and the opposite party, Rai Bahadur Ind...
High Court Of Judicature at Allahabad
(Firm) Mangal Sen-Jai Deo Prasad ... vs Ganeshi Lal And Ors.
Judges:
20 January, 1936·4. The first question for consideration is as to whether or not the hundis in question are negotiable instruments as defined in the Negotiable Instruments Act 26 of 1881. It is common ground between the parties that the hundis are what is commonly known as "Shahjog hundis." i.e., a hundi payable onl...
High Court Of Judicature at Allahabad
Babu Narsingh Prasad Singh vs Puranmashi And Ors.
Judges: Bennet
20 January, 1936·JUDGMENT Bennet, J. 1. This is a second appeal by a plaintiff whose suit has been dismissed by the lower Appellate Court. The plaintiff sued in the Court of an Assistant Collector, First Class, for a declaration under Section 123 of the Agra Tenancy Act that the defendants were liable to pay the sum...
High Court Of Judicature at Allahabad
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