District Board vs Babu Ram
Judges:
28 November, 1940·1. These are two applications in revision by the District Board, Dehra Dun, which raise the same question of law for consideration. In each case the District Board brought a suit for realizing a certain amount as tax on circumstances and property for the period 1934-35. The suit in each case was bro...
High Court Of Judicature at Allahabad
Pandit Sushil Chander Chaturvedi vs Wali Ullah And Ors.
Judges:
28 November, 1940·5. In the Stamp Act (2 of 1899) there is a definition of "promissory note" which is as follows: "Promissory note" means a promissory note as defined by the Negotiable Instruments Act, 1881. It also includes a note promising the payment ot any sum of money out of any particular fund which may or may ...
High Court Of Judicature at Allahabad
Shanti Sarup Das vs Asharfi Singh
Judges:
26 November, 1940·4. Learned Counsel for the defendant-appellant next contends that a proceeding in the revenue Court was competent under Section 120(1)(b) of Act 3 of 1926 : vide Group D, serial No. 6 of Schedule 4. Section 120 provides as follows: If a question arises between a tenant and his landholder : (a) as to...
High Court Of Judicature at Allahabad
Pearey Lal And Anr. vs Kunwar Rani M.L. Hira Devi
Judges:
26 November, 1940·2. On 25th October 1934 the Rani instituted the suit out of which the present appeal has arisen to enforce the security bond dated 17th August 1928 and her case shortly stated was that a large sum of money was due to her for arrears under the said decree No. 170/59 of the revenue Court and she praye...
High Court Of Judicature at Allahabad
Ujagar Lal And Ors. vs Bahadur Lokendra Singh And Anr.
Judges:
22 November, 1940·We have therefore executed this simple mortgage deed carrying interest by conditional sale so that it may serve as evidence and be of use when, needed. 4. I should say that the word "simple" does not appear in the original before the words "mortgage dead." The amount due for principal and interest, ...
High Court Of Judicature at Allahabad
Bansi Lal And Anr. vs Chairman, Town Area Committee
Judges:
22 November, 1940·2. The plea taken before me by learned Counsel for the applicant is that the learned Judge of the appellate Court dismissed the appeal on merits and thereby acted without jurisdiction; he ought to have dismissed the appeal for default under Order 41, Rule 17, Civil P.C. Learned Counsel for the oppos...
High Court Of Judicature at Allahabad
Maha Ram And Anr. vs Harbans
Judges:
22 November, 1940·6. It was urged on behalf of the appellants that the arbitration provisions of the Civil Procedure Code apply to proceedings in a suit and not to proceedings which are not proceedings in a suit such as for example, proceedings in the civil Court to which an issue has been referred under Section 271,...
High Court Of Judicature at Allahabad
Himmat Sahai vs Sheikh Mohd. Moin And Ors.
Judges:
21 November, 1940·4. Those were the materials upon which the suit was brought. The plaintiffs are four of the children of Maulvi Muhammad Mohsin Sahib who had died in the meantime. Defendants 17-23 inclusive are his remaining children and, between them, it is admitted that they are entitled to all his rights as mortg...
High Court Of Judicature at Allahabad
Emperor vs Afaq Husain Jauhar
Judges:
20 November, 1940·This order will remain in force for a period of two months, unless previously withdrawn. 3. The question for our decision is whether this order is competent and valid under Section 144(3). Section 144(3) enjoins that any order under this section may be directed to a particular individual, or to the ...
High Court Of Judicature at Allahabad
Jaggo Bai vs Harihar Prasad Singh
Judges:
18 November, 1940·2. It was contended for the plaintiff-respondent that there had in fact been no substantial modification in the decision of the trial Court so far as the main questions in issue in the suit were concerned and further that such modification as had been effected by the High Court was in favour of the ...
High Court Of Judicature at Allahabad
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