Municipal Board vs Mumtaz Khan And Ors.
Judges:
30 October, 1947·5. The Act of 1916 does not aim at a definition of the expression "municipality" beyond saying this that It means any local area which is a municipality by reason of a notification issued under Section 3. But it has been defined by Murray in his Oxford Dictionary as A town, city or district possesse...
High Court Of Judicature at Allahabad
Moti Lal vs Mt. Sharda Devi
Judges:
29 October, 1947·4. The defence, inter alia, was that Motilal had raised substantial constructions of the value of Rs. 5611 of which he must be given credit. 5. The parties entered into an agreement of arbitration and one Mr. Sridhar Bajpai, an advocate of Cawnpore, was appointed arbitrator. The material portion of ...
High Court Of Judicature at Allahabad
Kailash Nath vs Joti Prasad And Anr.
Judges:
27 October, 1947·(1) Where the liability o( a garnishee has been tried and determined under these rules, the order shall have the same force and be subject to the same conditions as to uppeal or otherwise as if it were a decree. (2) Orders not covered by Clause (1) shall be appealable as orders made in execution. 4....
High Court Of Judicature at Allahabad
Mt. Sakina Begam vs Malka Ara Begum
Judges:
20 October, 1947·3. Mt. Sakina Begum has come in appeal and her learned Counsel argues that the mother has the preferential claim under the Hanafi law. In support of this contention reliance is placed upon Mt. Haidari Begum v. jawwad Ali Shah 21 A.I.R. 1934 All. 722. There, the contest lay between the mother, who wa...
High Court Of Judicature at Allahabad
Dhaja Rai And Anr. vs Emperor
Judges:
20 October, 1947·1. Dhaja Rai and Jitan Ahir appeal against their conviction of an offence under Section 395, Penal Code, and the sentence of seven years rigorous imprisonment passed upon each of them by the leaned Sessions Judge of Ghazipur at Ballia. (After stating the facts his Lordship proceeded:) 2. The evidenc...
High Court Of Judicature at Allahabad
Mrs. Merle Noreen vs Mr. Henry Donald Nott
Judges:
17 October, 1947·JUDGMENT Moothan, J. 1. The question is whether a husband, the respondent in a suit for judicial separation, can include in his written statement a claim for damages against the alleged adulterer of his wife. That he can do so in England is clear from the case in (1913) L.R. 1913 P. 75. 2. Mr. Man S...
High Court Of Judicature at Allahabad
Swadeshi Bima Co. Ltd. vs B. Shiv Charan Das
Judges:
17 October, 1947·4. The Munsarim reported a deficiency of Rs. 1,602-8-0. Time was taken on several occasions for making good the deficiency, but it was never made good. On 12th February 1943, the plaint was rejected. An application to restore the suit, in the exercise of its inherent jurisdiction, was rejected by th...
High Court Of Judicature at Allahabad
Mt. Chandeshwari Kuer vs Vireshwar Banerji And Ors.
Judges:
10 October, 1947·9. Section 2(a) says: 'debt' includes any pecuniary liability except a liability for unliquidated damages; It is 'obvious that all suits or proceedings in respect of a debt' are, after the Collector has passed an order under Section 6, forbidden. The question is whether a suit for possession comes w...
High Court Of Judicature at Allahabad
Hasan Banu vs Radha Kishan
Judges:
06 October, 1947·2. On 21-7-1939, Lakshmi Narain brought a suit for arrears of rent and also for possession of the entire plot. In the alternative, there was a prayer that if the whole plot could not be made available to him, a decree for possssion might be passed in respect of the eastern section and a mortgage dec...
High Court Of Judicature at Allahabad
Nasib Kohar vs Raghunath Misir And Ors.
Judges:
03 October, 1947·3. Various defences were raised. Suffice it to say, that there was no plea that the suit was not cognisable by the civil Court. Nor was there a plea that the relief, in the terms in which it was couched, could not be granted by that Court. 4. The learned Additional Munsif decreed the suit. On appeal...
High Court Of Judicature at Allahabad
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