Dr. Brij Behari Lal vs Emperor Through Municipal Board
Judges:
23 December, 1942·In my opinion the answer to the question formulated for our decision depends on whether the District Magistrate has or has not made an appellate order under Section 318. If he has, then the answer to the question is in the negative. If he has not, then the trying Magistrate may decide (if the questi...
High Court Of Judicature at Allahabad
Firm Behari Lal Baij Nath Prasad, ... vs Punjab Sugar Mills Co., Ltd.
Judges:
22 December, 1942·In my opinion the proceedings before the arbitrator were proceedings in a Court within the meaning of the section. 8. It will be observed that the learned Judge has given no reasons for the opinion which he states. The case upon which Mr. Malik mainly relies, however, is a decision of the Privy Coun...
High Court Of Judicature at Allahabad
Mt. Ram Kali And Ors. vs Pyare Lal
Judges:
22 December, 1942·JUDGMENT Allsop, J. 1. We have before us two cross appeals by the plaintiff and defendants respectively against a judgment and decree passed in appeal by the learned District Judge of Allahabad. The suit which has given rise to these appeals was instituted for the recovery of some land with a house ...
High Court Of Judicature at Allahabad
Lala Nawal Kishore vs Municipal Board, Through ...
Judges:
22 December, 1942·A person is said to have notice of a fact when he actually knows that fact, or when, but for wilful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it. 7. What, therefore, has to be considered is whether the circumstance that a purchaser mak...
High Court Of Judicature at Allahabad
Edulji Meharbanji Boyce vs Lala Shyam Sunder Lal And Anr.
Judges:
21 December, 1942·1. This is an appeal against an appellate decision of the District Judge of Jhansi that modified a preliminary decree of the Court of the Civil Judge of Jhansi. There is little or no dispute as to facts but the parties do not agree as to what is their legal status on those facts. The plaintiff Edulj...
High Court Of Judicature at Allahabad
Madan Mohan Lal And Ors. vs Nand Ram And Ors.
Judges:
18 December, 1942·2. Learned Counsel for the appellants, that is, defendants 8 to 14 and defendant 18 does not press that point before us. The two questions which we have to decide are whether the appellants have a right of priority under the mortgages which we have mentioned and whether they have a right to compel t...
High Court Of Judicature at Allahabad
Chaudhari Vikram Singh And Ors. vs Lehri Singh And Ors.
Judges:
18 December, 1942·2. The mortgagee-decree-holders applied for execution by sale of the properties belonging to Vikram Singh and Randhir Singh. On 14th April 1932 the civil Court transferred the decree to the Collector under the provisions of Section 68, Civil P.C., for execution. The judgment-debtors paid Rs. 2990 an...
High Court Of Judicature at Allahabad
Mufti Fakkhrul Islam vs Emperor
Judges:
17 December, 1942·3. At the trial the applicant challenged the accuracy of the shorthand reporter's report, and furnished to the Court his own version of this portion of his speech which reads as follows : The strictness and high-handedness practised against the Muslims during the Congress regime are still fresh in t...
High Court Of Judicature at Allahabad
Mt. Dasodia vs Gaya Pd. Minor Through Sadho Ram
Judges:
16 December, 1942·...as is pointed out in the case in Williams v. Williams (1867) 2 Ch.A. 294,1 a family arrangement may be upheld, although there were no rights actually in dispute at the time of making it, as the Courts will not be disposed to scan with much nicety the quantum of the consideration. Lord Chelmsford ...
High Court Of Judicature at Allahabad
Jamuna Prasad vs Raghunath
Judges:
16 December, 1942·Whether in view of the mandatory provisions of Section 39, Agriculturists' Relief Act, it is necessary that in every document a specific date should be provided for the repayment of the loan and also the rate of interest which shall prevail, if repayment is made within that date, must be given in th...
High Court Of Judicature at Allahabad
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