Bohra Kishori Lal vs Bohra Misri Lal And Ors.
Judges: B B Prasad, Kidwai
31 January, 1950·6. The defendants are content with the decree but the plaintiff has appealed and, although his grounds of appeal raised a large number of points, his learned Advocate confined his arguments to two points only : (1) That the learned Civil Judge erred in disallowing interest for any period and (2) tha...
High Court Of Judicature at Allahabad
Pheru Ahir And Anr. vs Mangru Gandaria And Ors.
Judges: Seth
25 January, 1950·1. This is an appeal against an order of the Civil Judge of Azamgarh allowing an appeal and directing the plaint to be returned for presentation to the proper Court, by which the learned Judge means the revenue Court. He has found that the civil Court has no jurisdiction to entertain this suit. 2. T...
High Court Of Judicature at Allahabad
Azhar Hasnain vs Muazzam Hasnain And Ors.
Judges: M Ahmed
20 January, 1950·The learned Special Judge, holding that the claim did not amount to a "claim to the property mentioned in such notice," rejected the same without going into the merits. 3. A preliminary objection was taken by the learned counsel for the respondents that no appeal lay against such an order. It was ar...
High Court Of Judicature at Allahabad
Lalit Ram Mangilal vs Commissioner Of Income-Tax
Judges: Malik, Seth
13 January, 1950·7. Learned counsel has submitted that the purchase of the eight gold bars must be deemed to be one transaction and, so long as the last bar left in the hands of the assessee was not sold, it could not be correctly estimated what was the total loss or gain on the transaction. The point was raised bef...
High Court Of Judicature at Allahabad
Oudh Narain Lal And Ors. vs Mt. Sukh Dulari And Ors.
Judges: Mootham, Sapru
12 January, 1950·3. In the year 1943 the present petitioners filed a suit in the Court of the Munsif of Jaunpur for a declaration that they were entitled to possession of certain property which they said had been bequeathed to them by the said Lala Bans Gopal under the will which is the subject of the present petiti...
High Court Of Judicature at Allahabad
Kailash Pat vs Goswami Brij Gopal And Anr.
Judges: M Ahmad
12 January, 1950·3. The plaintiff, a co-sharer in the plots, brought the suit for cancellation of the lease on the ground that Lalta Prasad, another co-sharer, had no right to grant it without the consent or authority of the remaining co-sharers. It is admitted that there are about seventy co-sharers, out of whom tw...
High Court Of Judicature at Allahabad
Manohar Lal Gokul Prasad vs Governor-General Of India
Judges: Misra
11 January, 1950·2. It would appear that in view of the paucity of wagons the consignment of dal had to be despatched from Bhagalpur Katahery station to Bhagalpur junction on 11-8-1942, for being reloaded there for Lucknow. Bhigalpur junction is the terminus of a branch line, the starting point of which is Thana Bih...
High Court Of Judicature at Allahabad
Arjun Singh vs Sahu Maharaj Narain
Judges: W Ullah, S Saran
10 January, 1950·"Incidental to the relief to which a plaintiff is entitled in a decree for specific performance arising on a contract for sale, the Court has a right to grant possession of the property. A contract for sale includes not only the execution of the necessary document, but also putting the vendee in pos...
High Court Of Judicature at Allahabad
Pokhan Singh And Anr. vs Radhey Lal And Ors.
Judges: Waliullah, V Bhargava
05 January, 1950·2. There is no dispute that the court-fee on a memorandum of appeal filed under Section 23, U. P. Agriculturists' Relief Act, 1934, is payable under Article 2B of Schedule 1, Court-fees Act. The amount of proper fee under this item is laid down to be the same as would be leviable on a memorandum of ...
High Court Of Judicature at Allahabad
Ganga Din vs Gokul Prasad
Judges: Agarwala, P Bhargava
05 January, 1950·It is clear that in a suit under Section 9 the only allegations that are relevant are those of a person's previous possession and his dispossession by the defendant. The title of the parties is not relevant and indeed it is specifically provided that the section does not bar any person from recoveri...
High Court Of Judicature at Allahabad
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