Mt. Lilawati vs B. Moti Ram, Official Receiver And ...
Judges:
31 January, 1939·Under Section 4, Provincial Insolvency Act, this Court can make an enquiry with a view to find out what are the assets of the insolvent. In this case the Official Receiver clearly admits in his application that Rup Chand, and, after him, Mt. Lilawati are the purchasers of the property. It is not all...
High Court Of Judicature at Allahabad
Shiva Prasad And Anr. vs Shambhu Nath
Judges:
31 January, 1939·2. These observations of the learned Judge are based on a misconception of law. The Proviso (a) to Section 35, Stamp Act, provides: Any such instrument not being an instrument chargeable with a duty of one anna or half an anna only, or a bill of exchange or promissory note, shall, subject to all jus...
High Court Of Judicature at Allahabad
Hari Ram vs Munshi Singh And Anr.
Judges:
31 January, 1939·Any mortgagee of or person having a charge upon, immovable property, or any transferee from such mortgagee or charge holder, may purchase or otherwise acquire the rights in the property of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as betw...
High Court Of Judicature at Allahabad
Suraj Din vs Firm Narain Rao Permeshwari ...
Judges:
30 January, 1939·2. The first attempt made by the decree-holder respondent for the realization of the amount due under the decree was in the year 1933. On 2nd March in that year the decree-holder filed his first application for execution. It was against the sureties, Hazari and Mata Palat alone and prayed for the re...
High Court Of Judicature at Allahabad
Hajee Mohd. Shibli Khan vs Ish Datt Dikshit
Judges:
27 January, 1939·ORDER Mulla, J. 1. This is a plaintiff's application in revision under Section 115, Civil P.C. It nrises in the following circumstances : The opposite party Ish Dutt purchased a half share in a motor lorry from the plaintiff-applicant for Rs. 500, but being unable to pay the price at once, executed ...
High Court Of Judicature at Allahabad
Suraj Narain vs Sita Ram
Judges:
27 January, 1939·(6) That the words quoted above were highly insulting and had the effect of degrading the plaintiff in the eyes of others and were used maliciously with the object of causing humiliation and pain to the plaintiff. (7) That the words quoted above and the occasion on which they were used make them hig...
High Court Of Judicature at Allahabad
Mahant Narain Das vs Madan Mohan And Anr.
Judges:
27 January, 1939·In the above-mentioned suit it is submitted that the Court had fixed 5th February 1937 for hearing in this suit but owing to the assembly elections the said date was declared as a holiday. Hence the parties did not get the witnesses summoned for that day. The Court has now fixed 1st March 1937 for h...
High Court Of Judicature at Allahabad
Emperor vs Sheo Sewak Singh
Judges:
24 January, 1939·Sections 417, 418 and 423 of the Code give to the High Court full power to review at large the evidence upon which the order of acquittal was founded, and to reach the conclusion that upon that evidence the order of acquittal should be reversed. (No limitation has been placed upon their power, unles...
High Court Of Judicature at Allahabad
Mt. Badrunnissa And Ors. vs Municipal Board
Judges:
23 January, 1939·2. Both the taxes in question come under Section 177 as in each case the tax is imposed on the annual value of the building. The case is one therefore for the enforcement of a charge on the building. Learned Counsel for appellants referred to the provisions of Sections 166, 167 and 168. Section 166 ...
High Court Of Judicature at Allahabad
Gulzari Lal vs Manzoor Ahmad And Ors.
Judges:
18 January, 1939·1. This is a defendant's appeal arising out of a suit for recovery of Rs. 1000 principal and Rs. 375 interest. The plaintiff's case was that he had deposited a sum of Rs. 1000 with firm Hazari Lal Banwari Lal on 4th September 1930, and at the time of the deposit a memorandum evidencing the deposit w...
High Court Of Judicature at Allahabad
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