Chunni Lal vs Ajudhiya Prasad And Ors.
Judges:
21 October, 1937·JUDGMENT Collister, J. 1. The applicant instituted a suit against the opposite party on 17th April 1935 in a Court at Cawnpore. The written statement was filed on 16th September 1935 and on that date an objection was taken that under Section 7, United Provinces Agriculturists' Relief Act (Local Act ...
High Court Of Judicature at Allahabad
Mt. Araz Bibi vs Mubarak Ali Khan And Anr.
Judges:
19 October, 1937·1. This is an execution second appeal by a judgment-debtor. The decree, holders attached her house in execution of their decree. She objected on the ground that she was an agriculturist and the house, which was alleged to be her residential house, was exempt from attachment and sale in execution of ...
High Court Of Judicature at Allahabad
Chaube Sheodarshan Lal vs Balmakund And Ors.
Judges:
18 October, 1937·2. The Assistant Collector, and on appeal the Additional District Judge upheld the plea of res judicata, and dismissed the plaintiff's suit. In second appeal the learned single Judge, whose decision is now in question, took a contrary view, holding that neither of the two decisions, relied on by the...
High Court Of Judicature at Allahabad
Mirza Zahid Beg And Ors. vs Emperor
Judges:
08 October, 1937·5. The first question which arises is whether these statements are admissible in evidence at all and the next is whether they are admissible against Zahid Beg. It has been argued that the statements did not amount to confessions because Dwarka and Man Khan alleged that they had acted on compulsion. ...
High Court Of Judicature at Allahabad
Ram Prasad vs Tirloki Nath
Judges:
07 October, 1937·2. Section 5, U.P. Agriculturists' Relief Act, entitles the judgment-debtor to apply to the Court passing a decree for money or a preliminary decree for sale or fore-closure that the same be converted into a decree for payment by instalments. It goes on to provide that, if the Court refuses to grant...
High Court Of Judicature at Allahabad
Rajendra Singh vs Uma Prasad
Judges:
07 October, 1937·Proceedings under this Act shall be governed by the provisions of the Civil Procedure Code of 1908 for the time being in force so far as they are applicable and not inconsistent with the provisions of the Act and of these rules. 3. A reference to Section 54 under which these rules have been made wil...
High Court Of Judicature at Allahabad
Mathura Prasad vs Bhola Nath And Ors.
Judges:
07 October, 1937·1. This is a defendant's second appeal arising out of a suit for ejectment. The plaintiff-respondents are zamindars of village Lachhmipur, in which the defendant-appellant purchased a house belonging to a 'riaya' and started making constructions without the permission of the zamindars. The latter in...
High Court Of Judicature at Allahabad
Sidh Nath Singh And Ors. vs Badri Singh And Ors.
Judges:
06 October, 1937·1. These two cross, appeals are directed against an order of remand passed by the learned Civil Judge of Azamgarh in an appeal from the decree of a Munsif of that district dismissing the plaintiffs' suit for declaration. The order of remand confirms the decree of the first Court as regards three-fou...
High Court Of Judicature at Allahabad
In Re: Brahma Nand vs Unknown
Judges:
06 October, 1937·1. This is a reference under Order 46, Rule 1, Civil P.C., by the learned Special Judge of Budaun. Prom the statement submitted to us it appears that Brahma Nand (applicant) obtained somo zamindari property from one Ram Gharan Lal on a theka. The theka raonoy was not paid by the fchekedar and Ram Ch...
High Court Of Judicature at Allahabad
Phool Chand And Ors. vs Mt. Mantia And Ors.
Judges:
06 October, 1937·4. It is now well settled that upon the death of a Mahomedan the property left by him vests immediately in the heirs according to their respective shares as defined by the Mahomedan law of inheritance. In Mahomedan law, there is no representation of the family by one or more members of it as under H...
High Court Of Judicature at Allahabad
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