Rajendra Kishore Sahi vs Nand Prasad
Judges:
30 August, 1938·4. It may be observed that the Proviso to this Sub-section 2 only deals with a case in which the Judges composing a Division Bench have disagreed on a point of law. Further it is not obligatory on such a Bench to state the point of law upon which they differ but they may do so. The respondent conten...
High Court Of Judicature at Allahabad
Mt. Janki Bai vs Durga Prasad
Judges:
30 August, 1938·JUDGMENT Mohammad Ismail, J. 1. This appeal arises out of an application made by the appellant under Section 383, Succession Act (39 of 1925). It appears that one Mt. Kesar died in June 1936. Her husband Ajudhia Prasad had predeceased her. On 14th July 1936 the opposite party Durga Prasad applied fo...
High Court Of Judicature at Allahabad
Mt. Kundan Begam vs Mt. Aisha Begam
Judges:
29 August, 1938·1. These are two connected appeals directed against the order of the learned District Judge of Moradabad, dated 10th April 1937 by which he accepted the application of Mt. Aisha Begam and rejected that of Mt. Kundan to be appointed guardian of the person of a girl named Hasina Begam. Aisha Begam the...
High Court Of Judicature at Allahabad
Lakshmi Iron And Steel ... vs Firm Radhey Lal-Manni Lal
Judges:
26 August, 1938·1. The facts that have given rise to this application may be briefly stated. The applicant was sued by the opposite party for recovery of certain sum of money in the Court of the Civil Judge of Cawnpore. The defendant pleaded inter alia that the Court had no territorial jurisdiction as the cause of ...
High Court Of Judicature at Allahabad
Babu Parshottam Das vs Official Liquidator, Gorakhpur ...
Judges:
25 August, 1938·3. It is to be observed that in this application nothing is said as to any agreement by which sums due for work done were to be set off. This application was obviously settled after due consideration and it is impossible to hold in face of it that the agreement made by the applicant and the company ...
High Court Of Judicature at Allahabad
Sheo Charan Lal vs Umrao Begam
Judges:
25 August, 1938·1. This is an application in revision against the appellate judgment of the Civil Judge of Cawnpore, dated 17th December 1937. Umrao Begam, opposite party, made an application under Section 12, Agriculturists' Relief Act, to redeem a usufructuary mortgage made in favour of the applicant Sheo Charan ...
High Court Of Judicature at Allahabad
Kalika Pande vs Ram Autar Pande And Anr.
Judges:
24 August, 1938·2. The case therefore was remanded with the direction "parties will be allowed to adduce any oral and documentary evidence that they like to produce." Now the defendant claims in this appeal that the Court below on its finding should have dismissed the suit of the plaintiffs and allowed the appeal a...
High Court Of Judicature at Allahabad
Amar Nath vs Firm Chotelal Durgaprasad And ...
Judges:
23 August, 1938·With us however the above proposition does not hold, and it is laid down, that, 'if a man buy land whereunto another hath title, which the buyer knoweth not, yet ignorance shall not excuse him.' By the civil law, as observed by Sir E. Coke, every man is bound to warrant the thing that he sells or co...
High Court Of Judicature at Allahabad
Ram Lal Misir vs Jagdish Tiwari
Judges:
22 August, 1938·1. This is an execution second appeal by a decree-holder whose application for execution of his decree has been dismissed by both the lower Courts. The facts are as follows : On 21st February 1930 one Shyamanand executed a registered sale deed in favour of Bageshar who is the deceased father of the ...
High Court Of Judicature at Allahabad
Lala Shiam Lal vs Nawal Kishore And Anr.
Judges:
22 August, 1938·1. This is an application in revision against the order of the Judge, Small Cause Court of Aligarh, in a suit for contribution for costs. One Mohammad Zafar Husain Khan borrowed Rs. 47,000 on foot of a simple mortgage from the parties to this revision and their predecessors-in-interest. Rs. 42,000 w...
High Court Of Judicature at Allahabad
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