Rai Surendra Nath And Ors. vs Sm. Naraini Devi
Judges: B B Prasad, Sapru, P Bhargava
29 July, 1949·8. The phrase "suit to which this Act applies" is defined in Sub-section (17) of Section 2 as follows: " 'Suit to which this Act applies' means any suit or proceeding relating to a loan ...." 9. Now, the word proceeding" in the above definition includes execution proceedings also. Hence the proceedi...
High Court Of Judicature at Allahabad
Jitendra Bahadur Singh And Ors. vs Ballabh Das And Ors.
Judges: Kaul, Chandiramani
29 July, 1949·"(1) that the Special Judge's order apportioning the debt between Rudr Pratap Singh, who had applied under the Encumbered Estates Act, and the non-applicant debtors did not constitute a decree and so could not be executed; (2) that the property sought to be sold was protected land could not in view ...
High Court Of Judicature at Allahabad
Seth Kishori Lal And Anr. vs Haji Muhammad Nazir And Ors.
Judges: R Dayal, M Ahmad
26 July, 1949·2. The contention for the appellants is that the debt due to them should have been given priority in class 4 over the debts due to the other mortgagees in view of Section 48, Transfer of Property Act. We are not inclined to agree with this contention. 3. The cases of Sant Prasad v. Dallu Sahu, 1947 ...
High Court Of Judicature at Allahabad
Sat Narain vs Rex
Judges: B B Prasad
25 July, 1949·JUDGMENT Bind Basni Prasad, J. 1. When the complainant himself considers this compensation as adequate I do not think it was proper for the learned Sessions Judge to hold it was insufficient. A compromise in a case like this will conduce to amicable relationship between the parties and the dispute w...
High Court Of Judicature at Allahabad
Pheru vs Bhagavana
Judges: R Dayal, M Ahmad
25 July, 1949·1. Pheru filed a plaint in the revenue Court under Section 180, U. P. Tenancy Act of 1939, alleging that Bhagwana defendant had taken forcible possession of the land without his consent, he being the occupancy tenant of that land. Later, he amended the plaint to the effect that the defendant was a z...
High Court Of Judicature at Allahabad
Bengalimal And Anr. vs Rex Through Municipal Board
Judges: Malik
14 July, 1949·1. The facts of this case are not disputed. On 4th August 1948, the applicants sold some milk which was said to be adulterated. The Medical Officer of Health of the Municipal Board of Agra sanctioned the prosecution of the applicants under Section 12, U. P. Prevention of Adulteration Act on 13th Oct...
High Court Of Judicature at Allahabad
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