Piarey Lal And Ors. vs Dina Nath And Ors.
Judges:
27 October, 1938·3. The Court below held that he, could not. The claim of learned counsel, Dr. Asthana, for the plaintiff is that by paying the decretal amount due to Sukhdeo under the second mortgage the plaintiff acquired the rights of Sukhdeo under the second mortgage. This claim is based on the provisions of Sec...
High Court Of Judicature at Allahabad
Mt. Hazari And Ors. vs Emperor
Judges:
21 October, 1938·2. The circumstances in which the order in question was passed may briefly be stated in order to appreciate the points raised by the applicants. On 25th January 1938 one Thakur Lakhan Singh, who is an Honorary Rescue Officer for Naik Girls, made a report to the Additional District Magistrate of Nain...
High Court Of Judicature at Allahabad
Firm Chand Mal Rup Chand Through L. ... vs L. Gurdial Prasad And Anr.
Judges:
20 October, 1938·Where assets are held by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained satisfaction thereof, the assets, after deducting the ...
High Court Of Judicature at Allahabad
Abdul Rahman Mohammad Isa vs Salamat Ullah Abdul Alim
Judges:
20 October, 1938·(a) An order may be passed by the Court directing the defendant that he should render the account within a time to be fixed by the Court and pay whatever amount might be found due to the plaintiff on rendition of account. This relief is laid at Rs. 10. The remaining court-fee will be paid after rend...
High Court Of Judicature at Allahabad
Ram Niwas vs Ram Dayal
Judges:
20 October, 1938·1. This appeal is directed against the order passed by the Court below rejecting an application filed by Ram Niwas appellant, which application purported to be an application under Order 21, Rule 2, Civil P.C. The facts that led to the application just mentioned are as follows : A suit for sale on a...
High Court Of Judicature at Allahabad
M. Mahammad Abdul Rahman vs L. Baldeo Sahai And Ors.
Judges:
20 October, 1938·1. This is a defendant's appeal arising out of a suit brought by the plaintiff for contribution. It appears that on 24th March 1923 Inayat Ilahi, defendant 1, executed a simple mortgage of four properties for Rs. 1400 in favour of the plaintiff. One of the villages so mortgaged was Chaturbhojpur. In...
High Court Of Judicature at Allahabad
Haji Ishtiaq Ahmad And Ors. vs Abdul Samad
Judges:
20 October, 1938·So long as there has been no order accepted by the plaintiff to make good the deficiency, the original value placed by the plaintiff must be taken as the value of the suit for the purpose of regulating the proper Appellate Court, but we think that, when there has been such an order accepted by the p...
High Court Of Judicature at Allahabad
Maula Bux And Ors. vs Munna Lal And Ors.
Judges:
19 October, 1938·JUDGMENT Bajpai, J. 1. This is a reference under Section 61(1), Stamp Act, by the Inspector of Stamps who, under a Government Notification, has been invested with the powers of a Collector. It appears that the Inspector of Stamps, while inspecting the records in the Court of the Additional Civil Jud...
High Court Of Judicature at Allahabad
Jagdish Rai And Anr. vs Suraj Kumar Singh And Ors.
Judges:
19 October, 1938·1. This is a defendant-vendees' appeal arising out of a pre-emption suit. The sale deed sought to he pre-empted was executed and registered on 28th February 1935. The suit giving rise to the present appeal was however not filed within one year of the date of registration of the deed and accordingly ...
High Court Of Judicature at Allahabad
Mahange Lal vs Firm Suraj Prasad Chandu Lal
Judges:
19 October, 1938·2. The only condition imposed by the Court in the order of discharge was that certain decrees standing in favour of the insolvent were to be realized by the Official Receiver. On 2nd November 1937 the respondent applied to the Insolvency Court praying that the Official Receiver be directed to sell t...
High Court Of Judicature at Allahabad
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