B. Ugar Sen Jain And Anr. vs L. Tirbhwan Narain And Anr.
Judges:
29 September, 1942·3. Dealing with this issue the first Court in its judgment after considering for how long the janglas had been proved to exist considered the next question whether the plaintiffs had acquired any easement of light and air. It found that the land was nazul and therefore 60 years user had to be proved...
High Court Of Judicature at Allahabad
Syed Sibte Rasul vs M. Sibte Nabi And Ors.
Judges:
25 September, 1942·6. The first point which has been taken in this appeal on behalf of the defendant-appellant is that the plaintiffs were not competent to institute the suit. The argument is based upon three grounds, namely, (1) that it is not established that the Legal Remembrancer, when he gave permission for the i...
High Court Of Judicature at Allahabad
Sahu Hari Kirti Saran vs Mt. Bhagirathi Kunwar And Ors.
Judges:
21 September, 1942·1. This appeal is directed against an order of the Civil Judge of Moradabad, rejecting an application for the setting aside of an alleged ex parte decree and for the restoration of a suit to its original number. The facts are a bit curious and are as follows: A suit for the setting aside of a decree...
High Court Of Judicature at Allahabad
Radhey Shyam And Anr. vs Ram Dhan Lal And Anr.
Judges:
08 September, 1942·5. What are the incidents of the custom of dhar dhura prevailing between the village Sikha on the one side and Gurganwan and Jhawa Nagla on the other side? 6. (a) Whether the deep stream (dhar) of Bam Ganga flows between the said villages or not? (b) What will be the effect of the finding on part (a...
High Court Of Judicature at Allahabad
Panna Lal vs Emperor Through Mukat Behari Lal
Judges:
07 September, 1942·ORDER Allsop, J. 1. This is a reference by the learned Additional Sessions Judge of Alighar recommending that this Court should direct a Magistrate to stay the proceedings in a criminal case. The complaint was filed in December 1941 and the Magistrate did stay proceedings for some time because he wa...
High Court Of Judicature at Allahabad
Chiranji Lal vs Ram Swarup
Judges:
07 September, 1942·ORDER Allsop, J. 1. This is a reference by the learned Additional District Magistrate of Agra. He has recommended to this Court to set aside an order of acquittal passed by a Subordinate Magistrate and to direct a fresh trial. The Subordinate Magistrate after framing a charge acquitted the accused b...
High Court Of Judicature at Allahabad
Mt. Chhabia vs Ram Charan
Judges:
07 September, 1942·1. This is a reference by the learned Additional District Magistrate of Allahabad. He recommends that this Court should set aside an order passed under Section 522, Criminal P. C., by a Bench of Magistrates. He gives three grounds, namely, (1) that the order is signed by only one Magistrate and that...
High Court Of Judicature at Allahabad
Ramu Alias Langar Through Bhairon vs Murli Das
Judges:
01 September, 1942·ORDER Allsop, J. 1. This reference by the learned Sessions Judge of Benares has been made under a misapprehension of the nature of proceedings under Section 133, Criminal P. C. Those proceedings are not intended to settle private dispute between two members of the public. They are not originated by ...
High Court Of Judicature at Allahabad
Mewa Ram vs Emperor Through Municipal Board
Judges:
01 September, 1942·ORDER Allsop, J. 1. These are two references made by the learned Sessions Judge of Agra in which he has asked this Court to set aside one fine of Rs. 4 and another fine Rs. 2-8-0. It seems to me somewhat absurd to waste the time of this Court on matters of such little importance. The question only i...
High Court Of Judicature at Allahabad
Kauleshar Ahir vs Emperor
Judges:
01 September, 1942·ORDER Allsop, J. 1. Section 182, Penal Code, says nothing about cognizable or non-cognizable offences or anything of the kind. The only question is whether the report is false and whether it was calculated to induce the public officer to do something or omit something which he ought not to have done...
High Court Of Judicature at Allahabad
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