Bankey Lal vs Narendra Singh And Ors.
Judges: R Dayal, Mukerji
27 February, 1953·5. An appeal was preferred by the plaintiff to the lower appellate court which reversed the decision of the trial court and decreed the plaintiff's suit for partition. The operative portion of the lower appellate court's decree is in these words: "The plaintiff-appellant has a 1/4 share in the prope...
High Court Of Judicature at Allahabad
Molhar Mal vs State Through Sm. Krishna Gupta
Judges: R Dayal, Mukerji
26 February, 1953·3. Mr. Sateyndra Nath Verma was requested by the learned single Judge to appear in support of the reference. He has appeared before us and has referred us to the various cases having a bearing on this point. 4. Sub-section (1) of Section 250, Cr. P. C., empowers a Magistrate who discharges or acquit...
High Court Of Judicature at Allahabad
Govind Dass And Ors. vs Smt. Sarju Bai
Judges: Malik, Agarwala
25 February, 1953·2. Two grounds were urged before the learned Judge on behalf of the applicants for maintaining that the application had not abated : (1) that the applicants were members of a joint Hindu family and (2) that even in the absence of the heirs of Bansidhar the remaining two applicants could continue to ...
High Court Of Judicature at Allahabad
Mt. Rajiya And Anr. vs Mt. Sukhrani And Ors.
Judges: Kidwai
23 February, 1953·1. This is an office report to the effect that there is a deficiency in court-fee amounting to Rs. 250/- not only in this Court but in each of the courts below. Office, therefore, asks for a direction to the appellant to pay a sum of Rs. 750/-. This report is contested by Mr. Banerji and is supporte...
High Court Of Judicature at Allahabad
Sm. Ram Katori vs The Rent Control And Eviction ...
Judges: Agarwala, Chaturvedi
20 February, 1953·According to her, she purchased it in 1948 for her residence. At the time of purchase, the whole house was in occupation of a tenant. The house fell vacant in January, 1951, when the upper portion of that house was allotted to her by the Rent Control and Eviction Officer and the lower portion was th...
High Court Of Judicature at Allahabad
Sita Ram Singh vs Gaya Prasad And Ors.
Judges: Agarwala, Chaturvedi
20 February, 1953·2. The trial Court allowed the application and passed a decree in favour of the applicants holding that the entire mortgage money had been paid up by the usufruct. In appeal it was held that the application was barred by time and consequently it was dismissed. In this application in revision the onl...
High Court Of Judicature at Allahabad
Gaya Rai And Ors. vs Lalji Rai And Ors.
Judges: Malik, Agarwala
19 February, 1953·1. A preliminary objection has been raised that this appeal should not have been filed in this Court and should have been filed in the Court of the learned District Judge. The plaintiff filed an application under Section 12, U. P. Agriculturists' Relief Act for redemption of a large number of mortga...
High Court Of Judicature at Allahabad
Madhua Nand And Ors. vs Suresha Nand And Ors.
Judges: Malik, Agarwala
19 February, 1953·3. The defence to the suit was that the suit was not cognizable by the civil court and further that in any event the decree of the revenue court was binding on the plaintiffs and the defendants second set. 4. The trial court dismissed the suit holding that the case was not cognizable by the civil co...
High Court Of Judicature at Allahabad
Sudhakar Rao And Ors. vs Radha Krishna Das
Judges: Malik, Agarwala
17 February, 1953·JUDGMENT Agarwala, J. 1. This is an appeal by the landlord-applicants arising out pf Encumbered Estates proceedings. The learned Special Judge passed a decree for Rs. 39,8407- with pendente lite and future interest at 3 per cent, per annum in favour of the respondent-creditor. This amount of Rs. 39,...
High Court Of Judicature at Allahabad
Behari And Ors. vs The State
Judges: Desai
16 February, 1953·8. The question is whether an accused can be punished separately for the offences of Section 147 and 323, or 324 or 325 or 326, I. P. C. read with Section 149, I. P. C. Being a member of an unlawful assembly is an offence punishable under Section 143. The offence of Section 147, I. P. C. consists of...
High Court Of Judicature at Allahabad
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