Bhagat Raj vs Mt. Gurai Dulaiya And Anr.
Judges:
21 September, 1937·2. The argument of the learned Judge of the lower Appellate Court was that the plaintiff had been acquitted and therefore the period of limitation began to run from the date of acquittal, i.e. from 12th November 1932. He was influenced by some expressions used in Madan Mohan Singh v. Ram Sunder Sing...
High Court Of Judicature at Allahabad
B. Girwar Singh vs Har Prasad
Judges:
20 September, 1937·1. This second appeal arises out of a suit for the recovery of a sum of money on the basis of a promissory note. The defendant pleaded that he was an agriculturist within the meaning of the Agriculturists' Relief Act and urged that a decree should he passed for payment by instalments. The trial Cour...
High Court Of Judicature at Allahabad
Sheikh Nazim Hussain vs Pt. Ram Nath Dubey
Judges:
17 September, 1937·1. This is an appeal under Section 10, Letters Patent, against the decision of a learned single Judge of this Court. The appeal arises out of a suit on the basis of a simple mortgage. The plaintiff obtained a decree on the footing of the simple mortgage, which was executed by the appellant on 26th J...
High Court Of Judicature at Allahabad
Jokhu vs Municipal Board And Anr.
Judges:
16 September, 1937·(a) that the tax shall not be imposed on...a plot of land or a building as hereinafter defined, on any such plot or building of which no part is within a radius, to be fixed by rule in this behalf for each Municipality, from the nearest standpipe or other waterwork whereat water is made available to...
High Court Of Judicature at Allahabad
Mir Umrao Ali vs Subedar Rup Singh
Judges:
16 September, 1937·2. It has been contended in the first place by counsel for the decree holder that the learned Judge had no right whatsoever to reduce the interest payable upon the loan in this case. Section 30(1), U.P. Agriculturists' Relief Act, provides that notwithstanding anything in any contract to the contrar...
High Court Of Judicature at Allahabad
Mirza Mohammad Hasan vs Buddhu
Judges:
15 September, 1937·3. In my judgment, the learned Judge should not have allowed the defendant to change his case and claim to be the licensee, I cannot therefore accept the above quoted observation as a finding of fact on the issue involved in this case which precludes me from examining the case on the merits. The pla...
High Court Of Judicature at Allahabad
B. Durga Prasad Seth And Anr. vs Om Prakash And Ors.
Judges:
15 September, 1937·3. In another case reported in Maula Das Khan Radha Kauji (1935) 2 A.I.R. All. 629 a perpetual lease was executed by a mahant on favourable terms to the lessee. His successor challenged the authority of his predecessor to execute the perpetual lease. It was held that the late mahant had no right to ...
High Court Of Judicature at Allahabad
Ram Narain Singh And Ors. vs Shripat Singh And Ors.
Judges:
14 September, 1937·Plaintiffs pairokar Shripat Singh, P.W. 2, admitted that the defendants had been adjudicated as heirs of Deo Saran in preference to the plaintiffs but not against one Thakur Dayal.... The matter therefore cannot be said to have been finally settled, but this much is at least certain that the defenda...
High Court Of Judicature at Allahabad
Mt. Kamla Bai vs B. Chitra Prasad And Ors.
Judges:
13 September, 1937·A debtor commits an act of insolvency, (e) if any of his property has been sold in execution of the decree of any Court for the payment of money. 2. It is contended in the present case on behalf of the petitioning creditor who is the opposite party before us that as the words of Clause (e) of Sectio...
High Court Of Judicature at Allahabad
Sri Ram vs Jai Kishan Lal And Ors.
Judges:
13 September, 1937·1. This is a second appeal by the plaintiff and arises out of a suit brought by him for recovery of the defendants' share of revenue alleged to have been paid by the plaintiff. The suit was one under Section 222, Agra Tenancy Act, and was brought before an Assistant Collector. The defendants pleaded...
High Court Of Judicature at Allahabad
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