Angad And Ors. vs Madho Ram And Ors.
Judges:
31 March, 1938·The act required to be done may be done so far as practicable by the decree-holder or some other person appointed by the Court. 2. The act required to be done, in our opinion, refers to a positive act such as is required to be done under a mandatory injunction. The illustration given under the Rule ...
High Court Of Judicature at Allahabad
Souti Raghubar Dayal vs Seth Amba Prasad And Ors.
Judges:
30 March, 1938·JUDGMENT Verma, J. 1. This appeal arises out of proceedings under the U.P. Encumbered Estates Act. The facts briefly are these : The appellant had executed a simple mortgage in favour of the respondent. Subsequently one Lachhmi Narain obtained a money decree against the appellant and in execution of...
High Court Of Judicature at Allahabad
Suraj Patish Nandan Lal vs Mt. Atul Bibi And Ors.
Judges:
30 March, 1938·2. The only question in this case is whether Article 113, Lim. Act applies to the suit. This Article applies to a suit for specific performance of a contract and the time from which the period of limitation would run is the date fixed for the performance or if no such date is fixed when the plaintif...
High Court Of Judicature at Allahabad
Chaudhari Sheo Baran Singh vs Ranbir Prasad
Judges:
25 March, 1938·1. This is an application under Section 115, Civil P.C. asking for the revision of an order passed by the Civil Judge of Agra, dated 6th February 1937. The opposite party, Ranbir Prasad, had obtained decree No. 31 of 1932 against the applicant Chaudhari Sheo Baran Singh. On 12th December 1936, Sheo ...
High Court Of Judicature at Allahabad
Datta Mal And Ors. vs Lala Amar Nath And Ors.
Judges:
24 March, 1938·2. Issue 2 was whether the parties abandoned the agreement by their subsequent actions? It is an admitted fact that there was no agreement to cancel the agreement of 5th September 1933. Mere notices between the parties do not appear to have any bearing on the point. We consider that this issue is al...
High Court Of Judicature at Allahabad
Chaudhari Bed Ram Singh vs Inderjit Singh And Ors.
Judges:
22 March, 1938·Their Lordships of the Privy Council entirely agreed with the High Court that the general charge of immorality was wholly insufficient and that the connexion between the immorality and the debt must be proved. This view has been followed in numerous cases. 3. We agree that this proposition of law is...
High Court Of Judicature at Allahabad
Darbar Patiala vs Firm Narain Das Gulab Singh
Judges:
22 March, 1938·Every claim decreed or undecreed against the landlord in respect of a private debt...shall, unless made within the time and in the manner required by this Act, be deemed for all purposes and on all occasions to have been duly discharged. 3. The Special Judge then proceeds under Section 14 to hear ev...
High Court Of Judicature at Allahabad
Mahadeo Singh vs Mian Din And Ors.
Judges:
22 March, 1938·1. This is a plaintiffs appeal and arises out of a suit brought by him against the defendants-respondents for a declaration that the plaintiff is the owner of the house described in the plaint by virtue of the sale deed dated 14th December 1934, executed by Raj Narain, defendant 2, and that Mian Din...
High Court Of Judicature at Allahabad
Sir Sundar Singh Majithia, In Re. vs Unknown
Judges:
09 March, 1938·Condition No. 2 of the deed of partnership refers to "the shares of the aforesaid parties in the capital" and we have to determine whether the capital, so referred to, was intended to include any immoveable property such as would attract the provisions of Section 123 of the Transfer of Property Act....
High Court Of Judicature at Allahabad
Sundar Singh Majithia vs Commissioner Of Income-Tax
Judges:
09 March, 1938·6. We will first consider the matter on the hypothesis that the sugar factory was the self-acquired property of Sir Sundar Singh. Learned Counsel for the assessee concedes that, if Sir Sundar Singh owned immovable property and if he wished to include others in that ownership and if in pursuance of s...
High Court Of Judicature at Allahabad
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