Deokinandan Pandey vs Ram Chandra Tewari And Ors.
Judges:
31 August, 1937·2. Before the trial Court returned the plaint for presentation to the proper Court, the plaintiff made an application for amendment praying that a reference to the plaintiff's half share in the relief be omitted so that the relief that might be granted to him was a declaration that the deed in quest...
High Court Of Judicature at Allahabad
Abdul Latif Khan vs Mt. Sikandar Begum
Judges:
27 August, 1937·1. This is an appeal by a Judgment debtor arising out of execution proceedings. A simple money decree was passed against the appellant, and in execution of that decree certain properties were sought to be attached. The judgment-debtor objected that the property was wakf property and was not liable t...
High Court Of Judicature at Allahabad
Mahammad Faruq, In Re. vs Unknown
Judges:
26 August, 1937·In the course of the argument learned Counsel appearing for the Income-tax Department pointed out that the Assistant Commissioner of Income-tax in his order had said that the payment could not be considered as an ex gratia one. The Assistant Commissioner said : "Even if there was no cut and dried ag...
High Court Of Judicature at Allahabad
Dharam Singh vs Bishan Sarup
Judges:
25 August, 1937·In my opinion there is no such sanction or justification. Schedule 3 provides for a 'loan taken before thin Act'. This in my opinion must be the bond of 1933. The schedule rates will not govern the interest rates of the prior transactions. 2. When the applicant sued under Section 33(1) of the Act, h...
High Court Of Judicature at Allahabad
Babu Ram And Ors. vs Manohar Lal
Judges:
24 August, 1937·3. The a next objection taken is that the order passed by the execution Court was an interlocutory order refusing to stay proceedings and therefore no case has been decided. It iii accordingly argued on the strength of Buddhu Lal v. Mewa Ram A.I.R. 1921 All. 1 that the High Court has no jurisdiction...
High Court Of Judicature at Allahabad
Allahabad Bank Ltd. vs Prakash Nath
Judges:
24 August, 1937·1. This is a decree-holder's application for revision of an order passed by the learned Civil Judge of Meerut allowing a judgment-debtor's application under Sections 5 and 30 of the U.P. Agriculturists' Relief Act, 1934. The applicants, the Allahabad Bank Ltd. obtained a decree against members of a ...
High Court Of Judicature at Allahabad
Gaya Misra vs Rammanog Misir And Ors.
Judges:
24 August, 1937·1. This appeal arises oat of a suit for partition brought in the Civil Court. The only question argued in this Court is whether a certain rent-free tenure, which is included in the property sought to be partitioned, can be divided otherwise than under Section 37, Agra Tenancy Act. It is argued that ...
High Court Of Judicature at Allahabad
Deb Singh vs Thagu Sah And Ors.
Judges:
23 August, 1937·1. This is a defendant's appeal arising out of a suit for pre-emption in respect of properties sold in Garhwal. The plaintiff is admittedly a resident co-sharer in the village in which the property is situated. The defendant certainly resides in the neighbouring village. Some-time ago he purchased a...
High Court Of Judicature at Allahabad
Mt. Jagdei And Anr. vs Sampat Dube And Anr.
Judges:
20 August, 1937·2. It has been urged on behalf of the defendants-appellants that the Civil Court had no jurisdiction as the suit fell under Section 99, Tenancy Act. Section 99, Tenancy Act has no retrospective effect. The cause of action arose in August 1926. The suit was, therefore, cognizable by the Civil Court. ...
High Court Of Judicature at Allahabad
Benares Bank Ltd. vs B. Jugal Kishore
Judges:
20 August, 1937·1. This is a decree-holder's appeal against an order passed by the learned Subordinate Judge of Gorakhpur in execution proceedings. It appears that the Benares Bank Ltd. obtained a simple money decree against Jugal Kishore for a certain sum of money. The judgment-debtor's property was attached and p...
High Court Of Judicature at Allahabad
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