Jokhu Mal And Ors. vs Gopi Mal
Judges: Wanchoo, Agarwala, P Bhargava
21 December, 1950·11. Ex-proprietary rights are special rights of cultivatory possession minus the qualification of the holder being a proprietor. When a co-sharer transfers his proprietary rights and thus ceases to be a sir holder and becomes an ex-proprietary tenant of his sir interest, the result is that the erstw...
High Court Of Judicature at Allahabad
Mt. Chunai vs Ram Prasad And Ors.
Judges: Malik, Sapru, Wanchoo, M Ahmad, V Bhargava
21 December, 1950·13. Coming to the facts of this case and the findings recorded by the lower appellate Court, I find that the lower Court not only held that the plaintiff and his predecessors had no knowledge of the fact that Mt. Sumrekha had mortgaged the property and then sold it to her son-in-law, Baleshwar Prasa...
High Court Of Judicature at Allahabad
Kumar Kant Narain Singh vs Chandrabhal Singh
Judges: S Saran, B B Prasad
21 December, 1950·"Order 33, Rule 5 (d), directs the Ct. to reject an appln. for permission to sue as a pauper where the allegations do not show a cause of action. But the question whether the prescribed period of limitation from the date of the cause of action has or has not expired is obviously not a part of the ca...
High Court Of Judicature at Allahabad
L. Ganga Prasad vs Mst. Saroop Dei
Judges: P Bhargava
20 December, 1950·6. Secondly, even if it were to be assumed that the appln for review, which was addressed to the "Judge who passed the decree" was put-up before him, through the official channel --the Munsarim & the Reader -- it is not possible to hold that on that account the appln was not properly presented. All ...
High Court Of Judicature at Allahabad
Mahabir Prasad vs Enayat Elahi And Ors.
Judges: V Bhargava
18 December, 1950·1. This is a deft.'s appeal arising out of a suit brought by the pltf.. resp. for recovery of a sum of Rs. 1000/- as value of mango fruits of a grove being the crop for 1351 Fasli. The case of the pltf.-resp. was that a lease of the crops of this grove was granted to one Riazuddin for five years, vi...
High Court Of Judicature at Allahabad
Pahalwan vs State Through Nihore Nonia And ...
Judges: P Bhargava
14 December, 1950·4. Learned counsel for the appct. has invited my attention to certain observations of a learned Single Judge of this Ct. in Makhan Lal v. Mangal, I. L. R. (1943) ALL. 150. In that case, at p. 153 the following observations appear: "It has been held in various cases that 'where there is a decree of a...
High Court Of Judicature at Allahabad
Raj Bahadur Lal And Ors. vs Sitla Prasad And Ors.
Judges: Malik, V Bhargava
12 December, 1950·3. A learned single Judge of this Ct. dismissed the appeal but gave leave to the defts. to file an appeal under the Letters Patent. 4. This case had to be put up for hearing on several dates as the facts were not clearly stated in the judgments of the lower Cts. & we had great difficulty in finding ...
High Court Of Judicature at Allahabad
Abdul Wahab Khan vs Mohd. Hamid Ullah
Judges: Malik, Agarwala, M Ahmad
12 December, 1950·10. "One of the first principles of law" says Craies in his Statute Law, Edn. 4, p 222. "With regard to the effect of an enabling Act is that if the Legislature enables something to be done, it gives power at the same time, by necessary implication to do everything which is indispensable for the pur...
High Court Of Judicature at Allahabad
Baboo Ram Agarwal vs The State
Judges: G Hasan, Kidwai
08 December, 1950·11. These are the material provisions of the Preventive Detention Act. 12. The grounds which were served on the petitioner under Section 7, Preventive Detention Act, may be reproduced in the words of the District Magistrate: "Whereas, by virtue of order No. 10/P. D. dated 28-9-1950, you, Babu Ram Ag...
High Court Of Judicature at Allahabad
Bhola Nath vs Mt. Kaso Devi And Ors.
Judges: Agarwala
08 December, 1950·(1) Co-ownership is not necessarily the result of agreement. Partnership is. (2) Co-ownership does not necessarily involve community of profit or of loss. Partnership does. (3) One co-owner can, without the consent of the others, transfer his interest or in the ease of land his equitable interest, t...
High Court Of Judicature at Allahabad
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