Jagannath vs United Provinces
Judges: W Ullah, Agarwala
31 October, 1950·1. This is an application for special leave to appeal against an order of the Tribunal of the Development Board of Kanpur. Along with the application for special leave memorandum of appeal was also field but on a court fee stamp of Rs. 3-12 only. The Stamp Reporter reported that the court fee on the...
High Court Of Judicature at Allahabad
Abhey Ram vs Tilka And Ors.
Judges: Malik, Wanchoo, M Ahmad
30 October, 1950·"If a plaintiff joined with himself a stranger and had no objection to a decree being passed in his favour there was no reason why he should be allowed to object to the sale in favour of a stranger vendee." I agree with this view and, unless Section 21 of the Act clearly provides that, where a co-sh...
High Court Of Judicature at Allahabad
Pirthi Pal vs Mt. Kalpoo And Anr.
Judges: Chandiramani
28 October, 1950·2. The plaintiff Pirthi Pal sued for recovery of possession of certain zamindari property which belonged to two brothers, Karia and Jagmohan, sons of Nanku. Jagmohan died more than 20 years before the date of suit and apparently after his death the name of Mt. Patraji, who was his widow, was mutated...
High Court Of Judicature at Allahabad
Shankar Ojha And Anr. vs Mt. Jotia
Judges: W Ullah, Agarwala
27 October, 1950·4. Section 7, Court-fees Act, provides for the manner in which court-fee in certain suits has to be computed. Section 7, as amended by the U. P. Legislature, stands thus: "The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows: (i) In suits for ...
High Court Of Judicature at Allahabad
Ram Kishore Tandon vs Shayaur Sundar Lal
Judges: W Ullah, Kidwai, Chandiramani
27 October, 1950·24. The second question directly involves the determination of the principal amount due under the mortgage of 30-3-1927. As noted above, in the present case the mortgage of 30-3-1927 was preceded by no less than six other mortgagees between the same parties. The total amount for which the mortgage w...
High Court Of Judicature at Allahabad
Baijnath Singh And Anr. vs Jagan Nath And Ors.
Judges: Kidwai
26 October, 1950·2. The trial Court found that the applicants were the legal representatives of Laiq Singh and Teja Singh and that the entire mortgage money had been paid off. It accordingly decreed the suit. 3. The mortgagee went up in appeal and the mortgagors filed cross-objection with regard to a particular item...
High Court Of Judicature at Allahabad
Ram Shankar vs United Provinces And Ors.
Judges: Kidwai
26 October, 1950·1. Ram Shanker appellant and Bishun Narian respondent 8 obtained a decree for Rs. 11,013-10-0 against Sharif Ahmad and others, respondents 2 to 7, from the Court of the Special Judge, II Grade of Hardoi. The debtors preferred an appeal which was heard and disposed of fay an order dated 13-5-1939. Th...
High Court Of Judicature at Allahabad
Ghulam Abbas vs Mt. Razia Begum And Ors.
Judges: H Chandra, Agarwala, P Bhargava
25 October, 1950·14. It is, however, not possible to treat the transaction as a combination of gifts. Obviously, it was a single transaction--a transfer of property by the husband in favour of the wife in consideration of the latter relinquishing an ascertained amount--Rs. 2500 to be exact -- out of the amount of do...
High Court Of Judicature at Allahabad
Kamta Rai vs Nand Kishore And Ors.
Judges: V Bhargava
25 October, 1950·1. Both these appeals arise out of one single suit under Section 33, Agriculturists' Belief Act for accounts in respect of a mortgage which was executed on 11-7-1873, by one Sm. Rupa Kunwar in favour of one Newaj Rai. The appellant in both these appeals is the successor in interest of Newaj Rai, the...
High Court Of Judicature at Allahabad
Vijaya Ramraj vs Dr. Sir Vijaya Ananda
Judges: Agarwala, P Bhargava
24 October, 1950·25. Prior to 1888, the view prevalent in the H. Cs. in India was that a junior member of a family owning an impartible estate could challenge the alienations made by the holder thereof, if they were made without legal necessity. This view was overruled by the P. C. in Sartaj Kuari v. Deo Raj, 10 ALL...
High Court Of Judicature at Allahabad
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