Nand Kishore vs Lala Shiam Sundar Lal
Judges:
23 December, 1937·1. This is an appeal by a defendant lambardar in a suit for profits filed in the Revenue Court under Section 226, Agra Tenancy Act. The suit was with respect) to the profits of 1338 Fasli and was instituted so far book as on 31st July 1934. Though more then three years have elapsed since the date of...
High Court Of Judicature at Allahabad
Abdul Rahman And Ors. vs Girjesh Bahadur Pal And Ors.
Judges:
23 December, 1937·6. The main contesting defendant was defendant 1. He alleged that the plots in suit belonged to Kharakpur and not to Harbanspur that they are in the possession of defendant 1, that the suit is barred by the rule of 12 years' limitation and that it is barred by Section 11, Civil P.C. It was further a...
High Court Of Judicature at Allahabad
Latafat Ali Khan vs Kalyan Mal
Judges:
21 December, 1937·2. Now the appeal has been argued before us on two points. Firstly, learned Counsel addressed us at great length on his third ground of appeal which states that if Article 182 applied at all, the case was governed not by Clause 5 but by Clause 7 and on his fourth ground argued that the proper Articl...
High Court Of Judicature at Allahabad
Pt. Kashi Nath Rao Joshi vs Mt. Murta And Anr.
Judges:
21 December, 1937·1. This is a decree-holder s appeal and arises out of an order passed by the learned District Judge, asking the Revenue Court to drop the execution proceeding which were going an against the insolvent opposite party. The appellant has a decree against the insolvent for, arrears of rent. It has been ...
High Court Of Judicature at Allahabad
Roshan Lal vs Ganpat Lal
Judges:
17 December, 1937·There is a generally recognized principle of law under which parties who are prevented from doing a thing in Court on a particular day, not by any act of their own, but by the Court itself, are entitled to do it at the first subsequent opportunity. 3. Under a pre-emption decree, the decretal money i...
High Court Of Judicature at Allahabad
Durga Singh vs Girwar Dutt Joshi And Anr.
Judges:
17 December, 1937·1. This is a second appeal by an unsuccessful plaintiff in a pre eruption suit. On 2nd January 1932, Kanhaiya Lal defendant executed a sale deed of the proportion in dispute in favour of Girwar Datt defendant. The sale deed recited the receipt of consideration by the vendor and was in due course reg...
High Court Of Judicature at Allahabad
Maganlal Parikshawala vs Samson Shalom
Judges:
17 December, 1937·JUDGMENT Bennet, Ag. C.J. 1. This is an application by the manager of a temple which learned Counsel states is a public temple, and the application purports to be under Section 301, Succession Act. The application asks for the removal of the opposite party Samson Shalom, a Jew, residing in Cawnpore ...
High Court Of Judicature at Allahabad
Arthur Albert Unger vs Mrs. Maud Martin And Ors.
Judges:
16 December, 1937·3. The will is typewritten on a sheet of white paper, is attested by two witnesses named Carson and Black, and was registered by the Sub-Registrar of Agra on the very data on which it purports to have been executed, viz. on 25th January 1933. Two of the typewritten lines of the will have been scored...
High Court Of Judicature at Allahabad
Hafiz Abdul Noor vs Sahu Brij Mohan Saran
Judges:
13 December, 1937·Notwithstanding anything in any contract to the contrary, no debtor shall be liable to pay interest on a loan taken before this Act comes into force, at a rate higher than that specified in Schedule 8 for the period from let January 1930, till such date an may be fixed by the local Government in the...
High Court Of Judicature at Allahabad
Ram Badan Lal And Ors. vs Kunwar Singh And Ors.
Judges:
13 December, 1937·2. The difference between sale and exchange is that sale is a transfer of owner, ship in exchange for a price paid or promised or part paid and part promised, while an exchange is a transfer of ownership of one thing for the ownership of another, neither thing or both things being money only. The ot...
High Court Of Judicature at Allahabad
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