Jawahir vs Emperor Through Behari Singh And ...
Judges:
21 December, 1944·ORDER Bennett, J. 1. This is a reference by the District Magistrate of Etawah on an application in revision. Three men named Behari Singh, Surat Singh and Sundar Singh were prosecuted for an offence under Section 25, Northern India Ferries Act (18 of 1878), that is, for not paying the proper toll at...
High Court Of Judicature at Allahabad
Brijnandan Prosad vs Emperor Through Municipal Board
Judges:
15 December, 1944·2. The case against the applicant proceeded rather on the assumption that the offence complained of was one under Section 185 than one under Section 210. It has, however, been submitted in this application that there was an offence under Section 210, and I may therefore dispose of this submission fi...
High Court Of Judicature at Allahabad
Sher Singh vs Kishori Lal And Anr.
Judges:
15 December, 1944·1. This is a plaintiff's appeal arising out of a pre-emption suit. On 9th August 1939, one Jagdish Prasad sold 8 bighas 14 biswas and 5 biswansis of village Koshanpur Sadiq to Kishori Lal for a consideration of Rs. 400. Sher Singh plaintiff-appellant filed a suit to pre-emption the sale on the last ...
High Court Of Judicature at Allahabad
Abdulla Jan Khan And Anr. vs B. Parbati Nath And Ors.
Judges:
13 December, 1944·JUDGMENT Sinha, J. 1. This is an application in revision under Section 75, Provincial Insolvency Act, against an order of the learned District Judge of Moradabad whereby he set aside the order of the insolvency Judge dated 21st March 1941. The facts briefly are these: One Mr. Gregory borrowed a sum ...
High Court Of Judicature at Allahabad
Deokinandan And Anr. vs Badri Prasad And Ors.
Judges:
13 December, 1944·2. In order to understand the case of the parties it is necessary to set out a few facts regarding which there is no contest. The property in question originally belonged to one Ghanshiam Gir Goshain who executed a mortgage in favour of Seth Bhoj Raj, the predecessor-in-interest of the appellants, i...
High Court Of Judicature at Allahabad
The Collector Of Meerut In Charge, ... vs Lala Hardian Singh And Ors.
Judges:
11 December, 1944·1. This appeal must prevail and the objection filed by the appellant under Section 11, Encumbered Estates Act, must be ' allowed. There is ample authority in support of the view that, even though a person may be disqualified to enter into a contract, such disqualification does not debar that person ...
High Court Of Judicature at Allahabad
Shiam Behari Lal Gour And Ors. vs Madan Singh
Judges:
08 December, 1944·The principle governing the construction of a clause for forfeiture is that it must always be construed strictly as against the person who is trying to take advantage of it and effect should be given to it only so far as it is rendered absolutely necessary to do so by the wording of the clause. 5. T...
High Court Of Judicature at Allahabad
Firm Gulabrai Narain Das Through ... vs Firm Ilahi Bux Mohammad Ayub ...
Judges:
08 December, 1944·...where a tradesman has a bill against a party for any amount in which the items are so connected together that it appears that the dealing is not intended to terminate with one contract, but to be continuous, so that one item, if not paid, shall be united with another, and form one continuous dema...
High Court Of Judicature at Allahabad
District Board Through Chairman vs Lala Gyan Prasad
Judges:
08 December, 1944·1. This is a defendant's appeal. It arises out of a suit for declaration that the defendant District Board was not entitled to make bye-law No. 16 under Section 174, District Boards Act of 1922, in respect of the plaintiff's groves standing over plots Nos. 4376 and 4229 and that the plaintiff was en...
High Court Of Judicature at Allahabad
Kashi Prasad vs Mt. Satwati And Anr.
Judges:
06 December, 1944·JUDGMENT Allsop, J. 1. This appeal arises out of an order passed in a suit instituted on the allegation that the appellant Kashi Prasad had committed a breach of a private trust of which he was one of the trustees. The trust is said to have been created by means of a will executed by Ram Das, who di...
High Court Of Judicature at Allahabad
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