Dr. Sir Hafiz Mohd. vs Shiam Lal
Judges:
11 May, 1944·7. A similar question arose so far back as the year 1887 and a Bench of this Court in Shiam Sunder v. Amanat Begam ('87) 9 All. 234 at p. 238 decided that "despite the partition of the village into separate mohals, the existing wajib-ul-arz at the time of partition must be presumed to subsist and go...
High Court Of Judicature at Allahabad
Qayum Bux vs L. Radhey Shiam
Judges:
09 May, 1944·2. It is not disputed that under the terms of the thekanama the thekadar cannot claim any deduction on account of any remission of rent or on account of non-realization of rent from tenants, whatever be the cause for the same, and that in previous suits between the parties the terms of the theka hav...
High Court Of Judicature at Allahabad
Sri Thakur Sitaramji Maharaj ... vs Raghunath Das
Judges:
09 May, 1944·(3) That the entry of the name of the defendantin the village papers be removed from the said khewats and the name of plaintiff 2 be entered as the sarbarahkar and manager of plaintiff 1. (4) That accounts of the period when the defendant was the manager be taken and whatever sum is found due from h...
High Court Of Judicature at Allahabad
Somnath Pandya vs Municipal Board
Judges:
08 May, 1944·JUDGMENT Malik, J. 1. This appeal is connected -with second appeal No. 222 of 1940. The facts of this case are slightly different. On 26th April 1933 the plaintiff applied for permission to construct certain projections in his house. The Executive Officer of the Board exercising the powers and funct...
High Court Of Judicature at Allahabad
Mt. Shah Jahan Begum And Ors. vs Ibn Ali And Ors.
Judges:
08 May, 1944·1. This appeal under the Letters Patent arises out of a suit under Section 92, Civil P.C. It appears that one Muzaffar Ali Khan executed a deed of wakf on 18th March 1907. He dedicated certain property, which at that time produced an income of Rs. 17-8-0 a month, in order to give some assistance to ...
High Court Of Judicature at Allahabad
B. Gouri Shankarlal vs Jamuna Prasad And Ors.
Judges:
05 May, 1944·JUDGMENT Allsop, J. 1. This is an appeal against an order passed by the learned District Judge of Azamgarh in insolvency proceedings. The appellant when he was adjudicated was the owner of a large amount of landed property and consequently would not have been entitled to the benefits provided by the...
High Court Of Judicature at Allahabad
Shri Thakur Rangji Maharaj ... vs Mt. Gulkandi And Ors.
Judges:
05 May, 1944·It is an acknowledged principle that, to give validity to a custom which has been well described to be an usage, which obtains the force of law, and is, in truth, the binding law, within a particular district or at a particular place, of the persons and things which it concerns, it must be certain, ...
High Court Of Judicature at Allahabad
Mohini Mohan And Ors. vs Rahmat Ullah Khan And Ors.
Judges:
05 May, 1944·1. This is a defendants' appeal. On 12th October 1907 Majibullah Khan and Abdul Rahman Khan sold certain zamindari properties to Madan Gopal, Abdulla Khan and Lakshman Prasad, one-third each for Rs. 4000. On 16th June 1908 the parties entered into a registered agreement under which it was provided t...
High Court Of Judicature at Allahabad
Ramzan Khan And Ors. vs Jamaluddin And Ors.
Judges:
04 May, 1944·1. These are connected revisions from the judgment of the Sessions Judge of Fatehpur, dated 31st December 1943, and from the order under Section 145, Criminal P.C. of the Sub-divisional Magistrate of Patehpur, dated 3lst May 1943. The judgment of the same Magistrate was also dated 31st May 1943. 2. ...
High Court Of Judicature at Allahabad
Ram Nath Upadhya vs Sheo Naik Singh
Judges:
03 May, 1944·No person shall institute any suit or other proceeding in the civil Court with respect to any of the following matters: (k) Partition or union of mahals except as provided in Sections 111 and 112. We dare say that a suit for redemption can by no stretch of language, be called a suit with respect to ...
High Court Of Judicature at Allahabad
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