Chotey Lal vs The State Of Uttar Pradesh And Ors.
Judges: S Saran, Agarwala
16 January, 1951·10. Prohibition, on the other hand, was a writ which used to be issued by the King's Bench Division primarily to prevents a Ct. or tribunal or a quasi-tribunal from exceeding its jurisdiction or acting contrary to rules of natural justice. It is well known that frequent use of this writ has been mad...
High Court Of Judicature at Allahabad
Mrs. Hazel May Murphy vs L.E. Murphy
Judges: Mootham, H Chandra, Sapru
12 January, 1951·1. This is a petition under Section 17, Divorce Act for confirmation of a decree of the learned District Judge of Saharanpur dissolving the marriage of the petitioner with the respondent on the ground of the latter's adultery and desertion. The suit was not defended and there is no appearance for th...
High Court Of Judicature at Allahabad
Lakhan Singh vs Sultan Singh And Ors.
Judges: Agarwala, M Ahmad
11 January, 1951·3. Section 7(vi-A) of the Court-fees Act which has been introduced by the U. P. Legislature runs as follows: The amount of fee payable under this Act shall be computed: "In suits for partition -- According to one-quarter of the value of the pltf's share of the property, & according to the full, valu...
High Court Of Judicature at Allahabad
B. Narabadeshwari Pd vs Sahib Singh And Ors.
Judges: Agarwala, M Ahmad
10 January, 1951·3. On appeal by the pltfs, the claim for this year also, that is 1349 Fasli, was allowed. 4. The only question, that we have to determine is whether the claim in regard to 1349 F. was or was not barred by Order 2, Rule 2, C. P. C. The lower appellate Ct, as its judgment shows, held that it was not b...
High Court Of Judicature at Allahabad
Hirday Narain Rai vs Ram Das Rai And Ors.
Judges: S Saran, Agarwala
08 January, 1951·4. The trial Ct. held that the debts were taken for immoral purposes & on that ground decreed the suit. The lower appellate Ct. came to a contrary conclusion & dismissed the suit. Both the Cts. below, however, held that the partition was a mala fide one. 5. In this second appeal by the pltf. it has ...
High Court Of Judicature at Allahabad
Shri Nath Singh And Ors. vs Kashi Nath Rao And Ors.
Judges: Agarwala
05 January, 1951·3. There was an objection with regard to court-fee. The Ct below held that the value of relief No. 2 was correct but that of relief No. 1 was low. It appointed a comr. to ascertain the value of the land involved in the case. The comr reported that the value of the land was Rs. 16260/7/-. The Ct belo...
High Court Of Judicature at Allahabad
Lila Dhar vs Chunni And Ors.
Judges: Agarwala
04 January, 1951·4. In this second appeal it has been urged that the view taken by the Cts below is erroneous in law. 5. The law with regard to alienations is now well settled. An alienation may be made not only for a defensive legal necessity but also for the benefit of the family. As was held in Jagat Narain v. Ma...
High Court Of Judicature at Allahabad
Ram Swarup vs Mst. Kalawati
Judges: Agarwala
04 January, 1951·1. These are two connected decree-holder's appeals. The decree-holders are different though the judgment-debtor is the same. A simple money decree was obtained by two decree-holders in the two appeals against one Dayanand. Dayanand died leaving Shrimati Kalawati, his widow, as his legal representati...
High Court Of Judicature at Allahabad
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