Ziaul Rahman And Ors. vs Mt. Ganga Dei And Ors.
Judges:
10 November, 1938·3. It is necessary therefore for the defendants to prove two things : (1) that Dr. Gul Ahmad was an agriculturist on 25th November 1927, the date of execution of the hypothecation bond; (2) that the defendants were agriculturists at the date of the suit on 18th July 1936. Evidence was produced on bo...
High Court Of Judicature at Allahabad
Rameshwar Prasad And Anr. vs Gaya Prasad And Anr.
Judges:
09 November, 1938·1. This second appeal has been filed by defendants 1 and 2 in a suit in which the plaintiffs prayed for a declaration that certain property was not attach, able and saleable in execution of a money deeree obtained by defendants 1 and 2 against the other defendants. The trial Court dismissed the suit...
High Court Of Judicature at Allahabad
Lala Babu Ram And Anr. vs B. Nityanand Mathur
Judges:
04 November, 1938·An action would lie for falsely and maliciously and without reasonable or probable cause presenting a petition under the Companies Acts of 1862 and 1867, to wind up a trading company, oven although no pecuniary loss or special damage to the company can be proved, for the presentation of the petition...
High Court Of Judicature at Allahabad
Har Narain Singh And Anr. vs Nand Ram Singh And Ors.
Judges:
04 November, 1938·No other right of occupancy shall be transferable in execution of a decree or otherwise than by voluntary transfer between persons in favour of whom as cosharers such right originally arose, or who have become by succession cosharers therein. When any person entitled to such last mentioned right die...
High Court Of Judicature at Allahabad
Sri Thakurji Maharaj And Anr. vs Sujan Singh And Ors.
Judges:
03 November, 1938·1. This is an appeal by defendant 5 as well as defendant 4 and arises out of a suit for pre-emption which has been decreed by both the Courts below. The only point involved in the appeal is one of limitation. On 13th July 1932 a sale deed was executed by defendants 1 to 3 in respect of certain prope...
High Court Of Judicature at Allahabad
Rang Lal vs Gajraj Singh And Anr.
Judges:
02 November, 1938·1. This is an execution second appeal by a decree-holder. The appellant instituted a suit against Ajodhia Singh and Mt. Neksi Kuar, the widow of Hakim Singh. Ajodhia Singh was subsequently exempted, and the appellant obtained a decree against the assets of Hakim Singh, in the hands of his widow Mt. ...
High Court Of Judicature at Allahabad
Lala Asa Ram And Anr. vs Lala Ram Chander
Judges:
02 November, 1938·1. This is a plaintiff's appeal against the order of a single Judge of this Court. The plaintiffs filed a suit in which they sought for a declaration that they had acquired a title by adverse possession to a plot of land 8 biswas in extent, namely plot No. 330 in Mahal Baru Mal, mauza Kota. The tria...
High Court Of Judicature at Allahabad
Ishri Prasad Kishun Tewari vs Chandrabhan Prasad Kishun Tiwari
Judges:
01 November, 1938·3. It is for us to determine whether these words can be interpreted as implying an acknowledgment of liability in respect of the balance due under the promissory note. We have been referred to various authorities by learned counsel, some of which have been mentioned by the learned Judge of the lower...
High Court Of Judicature at Allahabad
Anjuman Islamia Of Bareilly vs Radhey Lal
Judges:
01 November, 1938·3. It appears to us that the lower Court is correct in holding that in appeal Dhuma Mal abandoned his claim of ownership to the staircase. It is clear that he had no case on this point because there was the auction Hale certificate in favour of Ram Lal as recently as 1865. For the appellant it was a...
High Court Of Judicature at Allahabad
Iqan Husain And Anr. vs Sahu Babu Ram
Judges:
01 November, 1938·2. The question is whether an application can be made under Section 12, Agriculturists' Belief Act, in a case like the present where the mortgage was made before the Act and provided that the usufruct for the period was to discharge the principal and interest of the mortgage money. The reasoning of ...
High Court Of Judicature at Allahabad
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