Reaz Uddin And Ors. vs Mir Sajid Husain And Anr.
Judges:
18 April, 1944·2. An application for redemption of three mortgages was made by the opposite party in the Court of the Assistant Collector, 1st class, of Ghazipur under Section 12, Agriculturists' Relief Act. 3. The defence in the main was a denial of the execution of two and the bar of limitation with respect to t...
High Court Of Judicature at Allahabad
Shib Singh vs Mt. Gaura
Judges:
18 April, 1944·3. The learned Counsel for the appellant urges that plea of res judicata not having been raised in the trial Court, the lower appellate Court could not allow that plea to be raised, and in fact in this case no party having raised that plea it was not open to the learned Judge to take up the plea of ...
High Court Of Judicature at Allahabad
Madan Mohan vs Raghunandan Prasad
Judges:
18 April, 1944·The plaintiff filed a suit on 11th July 1941 on payment of a court-fee of Rs. 20 only. On the date that the suit was filed the munsarim filed a report that ad valorem court-fees were payable under Section 7(iv)(a), Court-fees Act. On 24th July 1941 on further consideration, however; the Munsarim fil...
High Court Of Judicature at Allahabad
Wahid Uddin vs Ramji Lal And Ors.
Judges:
17 April, 1944·JUDGMENT Ismail, J. 1. This is an appeal from an order of the Special Judge of Meerut against a decree passed under Section 14, Encumbered Estates Act. A preliminary objection has been taken to this appeal by learned counsel for the respondent to the effect that no appeal is competent to this Court ...
High Court Of Judicature at Allahabad
Mt. Maseetunnisa vs Mahesh Chander And Ors.
Judges:
14 April, 1944·2. It appears that Khader Mal was a very substantial man and he left a considerable fortune on his death. Mt. Paran Kuer made a will on 1st November 1911 in favour of her three daughters in respect of a number of properties including a two biswansi odd share, which she said, she had inherited from h...
High Court Of Judicature at Allahabad
L. Radhey Shiam And Anr. vs L. Jugal Kishore
Judges:
14 April, 1944·2. Learned Counsel for the appellants has stressed two points. He contends that the Court below had erred in law in granting interest at the rate of only 6 1/4 per cent, per annum. He has urged that according to the correct reading of the relevant section, the plaintiffs are entitled to charge inter...
High Court Of Judicature at Allahabad
Mt. Samiunnissa vs Mt. Saida Khatun
Judges:
13 April, 1944·In appointing or declaring the guardian of a minor the Court shall, subject to the provisions of this section, be guided by what consistently with the law to which the minor is subject, appears, in the circumstances, to be for the welfare of the minor. The learned Counsel for the appellant argues th...
High Court Of Judicature at Allahabad
Bhagwati Prasad And Anr. vs Collector Of Etah And Ors.
Judges:
13 April, 1944·2. On 21st September 1935, the Collector of Etah as President of Mt. Chunni Kunwar Trust Committee obtained a decree against the applicants for arrears of rent. 3. The decree was put into execution in due course, but on 27th January 1939, the execution application was dismissed for default. The decr...
High Court Of Judicature at Allahabad
Balwant Singh vs Ram Charan Singh
Judges:
13 April, 1944·JUDGMENT Malik, J. 1. This appeal has been filed by one Chaudhri Balwant Singh who had filed an application under Section 33, Arbitration Act, Act 10of 1940, challenging the validity of an award. On 8th March 1941 the parties referred certain disputes to one Kunwar Sardar Singh arbitrator. On 30th A...
High Court Of Judicature at Allahabad
Collector Of Moradabad vs Kanhaiya Lal And Anr.
Judges:
13 April, 1944·1. This is an appeal by a judgment-debtor against an order under Section 47, Civil P.C. The facts very briefly are these. On 30th November 1932, the respondents obtained a decree from the Court of the Subordinate Judge of Moradabad for Rs. 7878. Against thi3 decree an appeal was preferred by the app...
High Court Of Judicature at Allahabad
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