Hashmat Husain vs Saghir Ahmad And Ors.
Judges: R Dayal, A Srivastava
27 September, 1957·A lease of immoveable property is therefore determined on proof of the following facts ; (1) the lessee's renouncing his character as such; 9. The defendants did not in their written statement in suit No. 591 of 1943 set up a title in themselves. They did set up a title in a third person, namely, Fa...
High Court Of Judicature at Allahabad
B. Hanuman Prasad And Ors. vs Mst. Indrawati And Ors.
Judges: M Desai, N Beg
25 September, 1957·In Kalipada Chakraborti v. Palani Bala Devi, 1953 SCR 503: (AIR 1953 SC 125) (E), Mukher-jea J. expressed himself in almost the same language as Sir Barnes Peacock; he said at page 514 (of SCR): (at p. 129 of AIR) : "'The estate of a Hindu female heir, as well known, is extremely anomalous in its ch...
High Court Of Judicature at Allahabad
Dr. Mrs. I.S. Bose vs Mrs. H.N. Judah
Judges: R Singh, A Mulla
25 September, 1957·2. Objection has now been taken that the proceedings in this appeal were only in the nature of an appeal from an order and as such costs should not have been taxed on the scale provided for taxation of costs in first appeals from decrees. The Stamp Reporter has referred to a Division Bench decision ...
High Court Of Judicature at Allahabad
J.K. Jute Mills Co. Ltd. vs Firm Birdhichand Sumermal
Judges: Mukerji, Beg, Agarwala
25 September, 1957·The Court below took the view that as the applicant admitted the fact of his being a partner in the firm against which the decree was obtained, it was a case in which the liability was not disputed and so it refused to go into the objection relating to the denial of the applicant's liability under t...
High Court Of Judicature at Allahabad
Vasu Deo Ojha And Ors. vs State Of Uttar Pradesh And Ors.
Judges: H Asthana, J Tondon
25 September, 1957·One of the questions which will therefore arise in the present case will be whether the Magistrate had authority to remand the persons proceeded against to jail custody independently of Sub-section (3) of Section 117 Cr. P. C. According to the petitioners that is the only provision which gave him au...
High Court Of Judicature at Allahabad
Maqbul Alam And Ors. vs Jawwad Husain And Ors.
Judges: V Bhargava
24 September, 1957·1. This is a defendant's application in revision arising out of an appeal which was pending in the lower appellate court. 2. Smt. Kasim-un-nissa, appellant No. 5, died. Abul Hasan, respondent No. 4 in the appeal, also died. So far as appellant No. 5 was concerned, her heirs were on the record and th...
High Court Of Judicature at Allahabad
Sales Tax Officer And Anr. vs Jagat Behari Tandon
Judges: O Mootham, A Srivastava
20 September, 1957·1. This is an application for leave to appeal to the Supreme Court from a judgment of this Court dated the 30th November, 1956. 2. By that order the Court directed the issue of a writ quashing the order of assessment dated respectively the 19th July, 1952, and the 17th March, 1953, made upon the res...
High Court Of Judicature at Allahabad
Kashi Bux Singh vs Sub-Divisional Officer, Amethi ...
Judges: G Mehrotra
17 September, 1957·It was pointed out to the Returning Officer that under the provisions of Rule 19-H it was the Returning Officer who could have drawn the lot and he was of the opinion on the reading of the said rule that it was so. He therefore drew the lot again and this time it was drawn in favour ofl the opposite...
High Court Of Judicature at Allahabad
Girja Shankar Shukla vs Senior Superintendent Of Post ...
Judges: R Singh
17 September, 1957·3. A preliminary objection was taken on behalf of the opposite parties on the ground that the present petition was not maintainable in this Court inasmuch as the final order rejecting the representation of the applicant against the order of dismissal had been passed by the President of India which o...
High Court Of Judicature at Allahabad
Chandra Pal vs Board Of Revenue, U.P. And Ors.
Judges: M Desai, N Beg
16 September, 1957·1. The applicant was ejected when he was a minor in 1953 under the U. P. Tenancy Act. On attaining majority he filed a suit giving rise to this writ petition for possession under Section 183 of the U. P. Tenancy Act. On that date the suit was time barred. He claimed that the period of limitation for...
High Court Of Judicature at Allahabad
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