Allahabad High Court Judgements

Judges:

27 February, 1939·4. We shall deal, at a more appropriate place, with the question of fact whether the accretion in this case was gradual, as alleged by the defendants; but we desire to make it clear at the outset that the view taken by the learned Subordinate Judge as regards the legal position of the parties is not...

Judges:

24 February, 1939·JUDGMENT Allsop, J. 1. This is a first appeal from an order refusing to restore an appeal alleged to have been dismissed for default. The learned Judge said that the appeal was not dismissed for default of appearance and therefore the Court could not order the restoration of the appeal. The applicat...

Judges:

22 February, 1939·Where co-parceners have alienated their shares in the joint property by sale and mortgage and the alienees have been in possession for more than 12 years, a claim for partition against such alienees is barred by limitation under Article 144, Limitation Act. 3. At p. 141 Farran C.J. remarked: Adverse...

Judges:

22 February, 1939·3. In order to prove the validity of an alienation, a transferee ought to prove either that there was legal necessity in fact or that he made proper and bona fide inquiries as to the existence of such necessity and did all that was reasonable to satisfy himself as to the existence of such necessity....

Judges:

16 February, 1939·No cosharer can as against his cosharers obtain any jote right, rights of permanent occupancy, in the lands held in common, nor can he create by letting the lands to cultivators as his tenants any right of occupancy in them. 4. The above-mentioned observations were made in a case in, which one cosha...

Judges:

16 February, 1939·1. This is a petition by Ernest Lionel Doutre for the dissolution of his marriage with the respondent Anne Ruth Doutre on the ground of her adultery with some person unknown. The fact of adultery us alleged to be established by evidence of non-access and by the fact that the respondent gave birth to...

Judges:

16 February, 1939·16. No partner or his heir or representative shall have power to sell his share or to withdraw from the partnership in any way other than that mentioned below. 17. It shall be the duty of the partner, desiring to withdraw himself from the partnership of the factory, to sell his share in the manner g...

Judges:

15 February, 1939·Although the Court of Wards had not power to alienate the land for the purpose for which it was required possession might have been lawfully taken of it if the provisions of the Land Acquisition Act had been complied with. But they were not. 9. In Manick Chand Mehta v. Corporation of Calcutta (1921)...

Judges:

15 February, 1939·1. These are two connected applications in revision arising out of a suit on the basis of a promissory note which was decreed against the defendant-applicant. The applicant instituted an appeal against the decree, but the learned Judge refused to interfere upon the ground that he had no jurisdiction...

Judges:

15 February, 1939·(a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realize the property of a dissolved firm.... 5. It is admitted by learned Counsel that the decree for defendant to render accounts is barred by Section 69(1) but he cla...