Ballabh Das And Anr. vs Shiva Prasad
Judges: G Hasan, Misra, Kidwai
07 December, 1950·4. The Ct. allowed the objection & dismissed the execution appln. Against this order the present, appeal was preferred by the D. Hs. In the words of the referring Bench two points of law involving the question of limitation arise for consideration. They have put the matter thus: "One of these points...
High Court Of Judicature at Allahabad
Mst. Sunder vs Lalta Prasad
Judges: Sapru
07 December, 1950·The learned Civil Judge allowed the appeal and, dismissed the plaintiff's suit, holding that it could not in law be said that the defendant had been creating a nuisance and that it was, therefore, necessary for her (the plaintiff) to obtain the District Magistrate's permission before bringing the su...
High Court Of Judicature at Allahabad
Municipal Board vs Mansa
Judges: V Bhargava
06 December, 1950·3. Cross objections have also been filed in three of these Appeals Nos. 1648, 1649 & 1651 by the pltfs .resp's. of those appeals. In the cross objection the resp's. claimed that the decision by the lower appellate Ct. that they were not proprietors of the site also was incorrect & may be set aside. ...
High Court Of Judicature at Allahabad
Chandrabir Singh vs Samresh Singh
Judges: Kidwai
06 December, 1950·2. Samresh Singh was convicted by the learned Magistrate of Bahraich under Section 408, Penal Code and sentenced to rigorous imprisonment for three months and was directed to pay a fine of Rs. 200. He appealed and Chandrabir Singh applied in revision for enhancement of sentence. 3. The learned Addit...
High Court Of Judicature at Allahabad
Ajaibul Hassan vs S. Chiranji Lal And Anr.
Judges: M Ahmad, Desai
06 December, 1950·5. So far as this Ct is concerned, it is well-settled that an order of an interlocutory nature cannot be said to amount to a "case decided", although it is conceivable that there may be exceptions to the rule, as for instance, in the case of 'Purshottam Lal v. W. T. Henlay's Telegraph Works Ltd.', A...
High Court Of Judicature at Allahabad
Nausha Mian vs Umrao Singh
Judges: M Ahmad
05 December, 1950·4. The Cts. below passed concurrent decrees on concurrent findings. So far as the decreed portion of the claim is concerned, the lower appellate Ct. first remarked that the deft. had pleaded adverse possession for over 12 years & on that account invoked the bar of limitation. At the end of his discu...
High Court Of Judicature at Allahabad
Ramkishan Sunderlal vs Commissioner Of Income-Tax, U.P.
Judges:
05 December, 1950·"Repair and renew are not words expressive of a clear contrast. Repair always involves renewal; renewal of a part; of a subordinate part, a skylight leaks; repair is effected by hacking out the putties, putting in new ones, and renewing the paint. A roof falls out of repair; the necessary work is to...
High Court Of Judicature at Allahabad
Audh Behari Lal And Ors. vs Faqir Rai And Anr.
Judges: V Bhargava
05 December, 1950·2. When these appeals came up for hearing, a preliminary objection was taken by the learned counsel for the resps. that no second appeal lay because the applts. should have appealed from the order recording the compromise & not from the decree itself. The learned counsel for the resp. based this arg...
High Court Of Judicature at Allahabad
Ramkishan Sunderlal vs Commissioner Of Income-Tax
Judges:
05 December, 1950·6. The answer to the question will depend on the view whether the amount spent was in respect of " current repair " or not. In paragraph 6 of the statement of the case the Tribunal has purported to give the facts, but they do not really carry us any further. The Tribunal seem to draw a distinction b...
High Court Of Judicature at Allahabad
Ram Dhari Misir vs Mangal Misir And Ors.
Judges: B B Prasad
04 December, 1950·"The right of pre-emption is nothing more and nothing less than a right of substitution of the pre-emptor for the vendee in the transaction and in the deed embodying that transaction and I do not think this right is at all affected by the provisions of the Act invoked by the learned Munsif. If the s...
High Court Of Judicature at Allahabad
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