Swadeshi Bima Co. Ltd. vs Shiv Narain Katiyar And Anr.
Judges:
29 September, 1938·No fresh suit or other proceeding other than an appeal or revision against a decree or order or a process for ejectment for arrears of rent shall, except as hereinafter provided, be instituted in any Civil or Revenue Court in the United Provinces in respect of any debts incurred before the passing o...
High Court Of Judicature at Allahabad
Babu Lal vs Ram Prasad And Ors.
Judges:
29 September, 1938·A person possesses an easement in respect of his enjoyment of some estate or interest in a particular piece of land, and the easement is said to be appurtenant to that land. 10. Williams on Real Property, Edn. 24, p. 504 makes the same classification and on page 510 states: Incorporeal interests app...
High Court Of Judicature at Allahabad
Badruddin Khan And Ors. vs Munshi Mahyar Khan And Ors.
Judges:
28 September, 1938·3. On 23rd August the plaintiffs applied for execution of their decree on the ground that they had complied with the terms of the decree of this Court and were entitled to execute it. As a copy of this Court's judgment was not available to the office of the Civil Judge, no report was made on the app...
High Court Of Judicature at Allahabad
Narain Das vs Mt. Radha Kuar And Anr.
Judges:
28 September, 1938·1. This is an application in revision under Section 115, Civil P.C., which arises in the following circumstances. The applicant, Narain Das, entered into a contract which has been described as satta, with two persons, namely Gur Dayal Singh and Nathu Singh. Under that contract, Gur Dayal Singh and N...
High Court Of Judicature at Allahabad
Mohan Lal vs Sohan Lal
Judges:
28 September, 1938·3. The learned Counsel for the applicant strenuously argued that the whole procedure adopted by the learned Small Cause Court Judge in this case was irregular, and particular stress was laid upon the point that he had no jurisdiction to entertain the opposite party's application for an order to set ...
High Court Of Judicature at Allahabad
Unknown vs In His Book Description ...
Judges:
27 September, 1938·167. Lord Justice Fitz Gibbon, speaking on the point, says (at p. 279): In determining whether the performance of any particular rite promotes any particular religion, and benefits the members of the Church or denomination, or body, who profess it, the secular Court must act upon evidence of the bel...
High Court Of Judicature at Allahabad
Ram Krishna Das vs Nimai Bhar And Ors.
Judges:
27 September, 1938·3. In second appeal before me it is contended on behalf of the plaintiff-appellant, that the mortgage-bond in suit being only voidable and none of the members of the family who were parties to the suit having appeared to contest the alienation on the ground that it was not for legal necessity, the C...
High Court Of Judicature at Allahabad
Bindeshwari Singh And Anr. vs Ramraj Singh And Ors.
Judges:
27 September, 1938·3. The next case cited by learned Counsel (or the respondents on this point is Jahangir v. Sheoraj Singh (1915) 2 A.I.R. All. 334. In that case a certain document purporting to be a family pedigree was produced in evidence in a mutation case by one Jairaj. The record of the Revenue Court containing ...
High Court Of Judicature at Allahabad
Sita Ram Rai And Anr. vs Madho Prasad
Judges:
27 September, 1938·The property of the plaintiff-judgment-debtor lies within the jurisdiction of the Court of the Munsif of Bansgaon in District Gorakhpur. A certificate may therefore be drawn up for sale of the property of the judgment-debtor by auction. 2. This prayer was contained in col. 10 of the application in w...
High Court Of Judicature at Allahabad
Murari Lal vs Mohammad Yasin
Judges:
27 September, 1938·1. This is an application in revision under Section 25, Small Cause Courts Act. The applicant here was the plaintiff in the Court below. He brought a suit in the Court of Small Causes at Meerut for recovering a certain amount from the opposite party as arrears of rent for a shop, and obtained an ex ...
High Court Of Judicature at Allahabad
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