Maharaj Dharam Narain vs Maharaj Suraj Narain
Judges:
30 August, 1940·7. Again in Jagadindra Nath Roy v. Hemanta Kumari Devi ('05) 32 Cal. 129 they observed that there being no reliable evidence as to the terms or conditions of a religious endowment the legal inference was that the title to the property or to its management or control followed the line of inheritance ...
High Court Of Judicature at Allahabad
Firm Babu Lal Girdhari Lal vs Seth Kotumal
Judges:
28 August, 1940·JUDGMENT Collister, J. 1. This is an application under Section 23(3), Civil P.C. The applicants are coal merchants and contractors at Jharia in the province of Behar. The opposite party manufactures and sells bricks at Benares. The applicants pray that Suit No. 346 of 1939, which has been instituted...
High Court Of Judicature at Allahabad
Mithan Lal vs Official Liquidators, Agra ...
Judges:
28 August, 1940·3. The argument addressed to us on behalf of the debenture-holders is based upon the assumption that Seth Mithan Lal gave an unconditional promise to pay certain spinning charges on account of cotton supplied by him and spun by the company. The claim to these spinning charges is based upon a contrac...
High Court Of Judicature at Allahabad
Lachhmi Prasad And Ors. vs Bahraich Ram And Anr.
Judges:
23 August, 1940·6. The previous "arbitration agreement" of nine or ten months earlier is not itself in evidence. But it has not been argued in either of the Courts below or before me that the fact of its existence and its tenor as recited in Ex. C has not been strictly proved and this appeal has proceeded before me...
High Court Of Judicature at Allahabad
Baijnath Marwari vs Ganesh Singh And Ors.
Judges:
20 August, 1940·1. This is an application in revision under Section 115, Civil P.C. It arises out of a proceeding under the Encumbered Estates Act. The applicant here was one of the creditors in the proceeding which was instituted at the instance of the opposite party, Ganesh Singh. A decree for a certain amount wa...
High Court Of Judicature at Allahabad
Official Liquidators Electric ... vs Siemens (India) Ltd.
Judges:
19 August, 1940·2. On the question of jurisdiction I do not think there can be any doubt. It seems to me that the jurisdiction of the ordinary Courts to pass decrees arising out of disputed claims can be ousted only by specific provisions of law. Section 185, Companies Act, empowers the Court exercising jurisdictio...
High Court Of Judicature at Allahabad
Mt. Umatur Robab vs Mahadeo Prasad And Ors.
Judges:
13 August, 1940·1. The material facts are these. A deed of simple mortgage was executed by one Mohammad Hasan in favour of one Nasir Ullah Khan. He purported to execute it on behalf of his sister, Mt. Ummul Farwah, as her general attorney. A sum of Rs. 900 was borrowed and property belonging to Mt. Ummul Farwah was...
High Court Of Judicature at Allahabad
Narain Singh vs Net Ram And Ors.
Judges:
13 August, 1940·The fact that certain sale deeds or mortgage deeds were executed and were duly registered and each contained assertions of the existence of the right of transfer would in our opinion be in itself admissible, quite independent of the fact whether the genuineness of the signatures on the originals of ...
High Court Of Judicature at Allahabad
Hrishikesh Sanyal vs A.P. Bagchi
Judges:
09 August, 1940·4. So far as the facts of the case with which we are now dealing are concerned, there is no authority directly in point; but learned Counsel for the applicant relies on a decision of this Court in Rajendra Singh v. Uma Pershad (35)22 AIR 1935 All 117. The facts of that case were as follows: A civil ...
High Court Of Judicature at Allahabad
Het Ram vs Collector Of Aligarh
Judges:
09 August, 1940·1. This is an appeal by the defendant against an order of remand passed by the learned District Judge of Agra in an appeal against a decree of an Assistant Collector of the first class in a suit for profits under Section 227, Agra Tenancy Act of 1926. A preliminary objection has been raised to the e...
High Court Of Judicature at Allahabad
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