Maheshwari Brothers vs Official Liquidators, Indra ...
Judges:
19 August, 1938·2. One of the issues which had been framed related to the very question which is now before me and it has been argued by Mr. David that I have no power to deal with this application and that the matter must be decided by the Bench which passed the-winding up order. As I have pointed out that Bench h...
High Court Of Judicature at Allahabad
Shri Gopal Chandra And Anr. vs Narain Das And Ors.
Judges:
19 August, 1938·The winding up of a company shall not bar the right of any creditor or contributory to have H wound up by the Court, but in the case of an application by a contributory, the Court must be satisfied that the rights of the contributories will be prejudiced by a voluntary winding up. 2. According to th...
High Court Of Judicature at Allahabad
Badal And Ors. vs Ram Bharosa And Ors.
Judges:
19 August, 1938·2. The trial Court of the Munsif found that the defendants' father had taken the shop on lease under the qabuliat mentioned above, that the notice to quit was according to law, that the defendants had failed to prove that they had rebuilt the shop and that the suit was not barred by rea judicata, in...
High Court Of Judicature at Allahabad
Fateh Singh And Ors. vs Raghubir Sahai And Ors.
Judges:
15 August, 1938·The thing which was sold was a debt due to the mortgagee who was not in possession of, and apparently at the date of sale had no right to the possession of the mortgaged property. 5. Now this ruling points out that the absence of a right to possession of the immovable property was a factor in the ri...
High Court Of Judicature at Allahabad
Firm Ratanji Bhagwanji And Co. vs Prem Shanker
Judges:
12 August, 1938·2. The trial Court of the Munsif found that the two items of loan were taken by Jata Shanker, that he was the working partner of the defendant firm and that he had authority to borrow the money. As to the acknowledgment embodied in the document Ex. 1, dated 30th November 1932, the Munsif held that, ...
High Court Of Judicature at Allahabad
An Singh vs Bhagat Singh And Ors.
Judges:
09 August, 1938·2. On the above finding the suit of the plaintiff was dismissed. The plaintiffs then appealed to the District Judge who accepted the appeal in part and gave a decree for Rs. 230 with proportionate costs. The basis of the decision of the lower Appellate Court was that the burden of proof in this case...
High Court Of Judicature at Allahabad
Kishan Lal Matrumal vs B.B. And C.I. Railway Company And ...
Judges:
08 August, 1938·2. The ordinary route by which the two consignments in question had to be taken to their destination was via Qasganj, Sitapur, Gorakhpur and Katihar. The goods had consequently to pass in transit not only on the B.B. & C.I. line, but also on the B.N.W. and R.K. lines. It is to be noted that all thes...
High Court Of Judicature at Allahabad
Secretary Of State vs Allahabad Bank Ltd.
Judges:
05 August, 1938·3. The owners being dissatisfied with the awards of the Collector applied for references; to the learned District Judge under Section 18, Land Acquisition Act, 1894, and in these-references the four owners make it clear that they were claiming an interest in the land as opposed to the buildings and ...
High Court Of Judicature at Allahabad
Puran Chand And Anr. vs Abdullah And Anr.
Judges:
05 August, 1938·3. Under the High Court Rules Ch. 1, Rule 3-A, a Bench was constituted of three Judges by order of 6th September 1937. Before that Bench assembled, a similar point of limitation had been the subject of a decision by a Full Bench which is reported in Shanker Lal v. Rana Lal Singh (1938) 25 A.I.R. All...
High Court Of Judicature at Allahabad
Kanhaiya Lal vs Banke Behari And Ors.
Judges:
04 August, 1938·Mt. Sundar Kuer who had a share in the disputed house and was also a purchaser of the part of the mortgaged property was liable for its payment. 2. We are of opinion that this allegation in the plaint clearly was against her rights which she now claims to be exempt from this mortgage decree. Her cla...
High Court Of Judicature at Allahabad
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