Jawala Prasad vs Amar Nath
Judges: Sapru, Chandiramani
31 July, 1950·4. On 25-4-1947 the arbitrators announced their award. They decreed the plaintiff's claim for a sum of Rs. 2,070 and awarded his proportionate costs and future interest at 3 per cent. per annum. 5. Subsequent to this award, objections were filed by the defendant before the civil Judge who had referr...
High Court Of Judicature at Allahabad
Moti Lal Jhun Jhunia vs Mool Chand
Judges: Malik, M Ahmad
31 July, 1950·4. The point for decision in this appeal is whether the damages are to be computed at the rate prevailing on the date fixed for delivery or they are to be calculated at the difference between the contract price and the price realised at the re-sale Where the title to the goods has not passed and the...
High Court Of Judicature at Allahabad
Babu Lal vs Kanhai And Ors.
Judges: V Bhargava
28 July, 1950·1. This is a second appeal by an objector whose objection under Section 47, Civil P. C. on the ground that the execution application was time-barred was dismissed by the executing Court and whose appeal was dismissed by the lower appellate Court. The facts of the case are that both the appellant and...
High Court Of Judicature at Allahabad
Girja Shankar And Ors. vs Jagannath And Ors.
Judges: Malik
27 July, 1950·(2) Are the defendants 3 and 4 subsequent transferees? (3) Is the suit against defendant 4 barred by time? (4) To what relief if any is the plaintiff entitled ? It is clear, therefore, that there was no issue on the question whether defendants 3 and 4 were transferees in good faith and for considera...
High Court Of Judicature at Allahabad
Ram Prasad And Ors. vs Suraj Bali And Ors.
Judges: Sapru, Chandiramani
27 July, 1950·1. This is a plaintiff's appeal. The facts of the ease are that defendant respondent 1, Suraj Bali, filed a suit for foreclosure against the plaintiffs respondents on 20-4-1936. The plaintiffs were sued as minors under the guardianship of their mother Mt. Rukmin, defendant respondent 2. A preliminar...
High Court Of Judicature at Allahabad
Krishna Kumar And Ors. vs Brijbasi Lal And Ors.
Judges: B M Lall
26 July, 1950·9. The judgment-debtors have come up in second appeal. A preliminary objection is taken by the learned counsel for the respondents. He contends that the appellants' petition of objection was one under Order 21, Rule 90, Civil P. C. and the decision was appealable as an order only once under Order 43...
High Court Of Judicature at Allahabad
Saltanat Begam vs Syed Mohd. Saadat Ali Khan
Judges: Sapru, Chandiramani
26 July, 1950·3. On 15/16-4-1947, Rani Saltanat Begam applied for execution of the decree alleging that her monthly maintenance allowance of Rs. 4000/-had not been paid to her for the period 1-2-1947, to 31-3-1947. She claimed interest at the rate of -/8/- per cent. per month for these two months by way of damage...
High Court Of Judicature at Allahabad
Swayamber Singh vs Ghasitey Ram
Judges: R Dayal, Agarwala
25 July, 1950·4. The main argument addressed to us is that the observations made in the Full Bench case referred to above are applicable to the facts of the present case as well, even though that ease was of an instalment bond which fell within the provisions of Article 75, Limitation Act. It is urged that Articl...
High Court Of Judicature at Allahabad
Abdul Hakim vs Jan Mohammad And Ors.
Judges: B B Prasad
24 July, 1950·7. In this Ct. this appeal has been filed by Abdul Hakim, minor, & Nand Lal who was one of the persons in whose favour the deed of exchange was executed. Other defts. are pro forma aresps. 8. The first point taken on behalf of the applts. is that having regard to Articles. 13(l) & 19(l)(f), Const. I...
High Court Of Judicature at Allahabad
P. Ram Kumar And Anr. vs Chaube Rudra Dutt
Judges: R Dayal, Agarwala
24 July, 1950·3. The decree-holders have now come up in execution second appeal to this Court and the only point for consideration is whether the limitation for the execution application would be counted from the date of the decree, i. e. 30-9-1938, or from the date of the dismissal of the appeals for default, i....
High Court Of Judicature at Allahabad
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