Hira Prasad vs Beni Madho
Judges: M Lal
10 October, 1961·ORDER Mithan Lal, J. 1. These three civil revisions filed by the defendant arise out of the same judgment of the learned Additional Dist. Judge of Allahabad who in revision upset the findings of the judge, small cause court, on the ground that he had not exercised the jurisdiction vested in him corr...
High Court Of Judicature at Allahabad
Krishna Raj Trading Corporation vs Ram Saran Dass And Brothers
Judges: A Srivastava, B Dayal
10 October, 1961·(iii) The sum of Rs. 5,569/14/6 from Messrs. Maheshwari Rice and Oil Mills, Fatehpur which was due to Rajendra Kumar Aron Prop. Krishna Raj Trading Corporation. (iv) Follow the following procedure to the extent of Rs. 4,000/- (Rs. Four Thousands only) only. (a) Sri Rajendra Kumar Avon shall secure o...
High Court Of Judicature at Allahabad
Lal Chand vs Bharat Nidhi Ltd.
Judges: M Desai, T Ramabhadran
10 October, 1961·"A statute may be construed contrary to its literal meaning, when a literal construction would result in an absurdity or inconsistency, and the words are susceptible of another construct on which will cany out the manifest intention." Makkhan Lal v. Secy. of State, AIR 1934 All 260. There a Full Ben...
High Court Of Judicature at Allahabad
Lakshmiratan Cotton Mills Co., ... vs Sales Tax Officer
Judges: B Gupta
10 October, 1961·6. It was also argued that the decision of the Supreme Court referred to above furnished a cause of action for filing a suit on discovery of the mistake of law by reason of that decision. The Supreme Court decided that case on 23rd September, 1958, and the report of the case was published in the Law...
High Court Of Judicature at Allahabad
J.P. Ojha vs Firm R.R. Tandan And Anr.
Judges: M Lal
10 October, 1961·4. The powers of a pleader appointed in a Court are given in Order III Rule 4, C. P. C., which reads as follows : ''4(1) No pleader shall act for any person in any Court, unless he has been appointed for the purpose by Such person by a document in writing signed by such person or by his recognised a...
High Court Of Judicature at Allahabad
Jagdatt Singh And Ors. vs State Of Uttar Pradesh And Anr.
Judges: J Sahai, B Gupta
06 October, 1961·(5) In this section 'land' includes immovable property of every kind and any rights in or over such property, and 'undertaking' includes part of an undertaking." 3. In that Act the word "compensation" has not been treated to be a term of art and no special meaning has been assigned to it. Therefore ...
High Court Of Judicature at Allahabad
Jyoti Prasad Kishan Lal vs The Punjab National Bank Ltd. And ...
Judges: M Lal
05 October, 1961·3-A. The above provision will show that the requirements of Rule 9 for restoration of a suit dismissed for default of the plaintiff are as follows: (1) The plaintiff must apply to the Court to set aside the order of dismissal. (2) He must satisfy the Court that there was sufficient cause for non-app...
High Court Of Judicature at Allahabad
Raghunath Sahai vs Sarup Singh
Judges: J Sharma
05 October, 1961·4. When the appeal came up for hearing before me on the 23rd December, 1960, it was urged on behalf of the appellant that on the materials it was not proved that he was the managing agent and therefore no order for compensation could be made against him. The finding that the respondent had sustained...
High Court Of Judicature at Allahabad
Mst. Lakshmi Devi vs Roongta And Co. And Ors.
Judges: A Srivastava, B Dayal
05 October, 1961·2. Two contentions have been pressed in support of the appeal. The first is that an adjournment should have been allowed. The second is that, in any case, there was no material before the learned Civil Judge on the basis of which he could decree the suit against the appellants on merits. The argumen...
High Court Of Judicature at Allahabad
Harish Chand vs The Union Of India (Uoi) And Ors.
Judges: A Srivastava, B Dayal
05 October, 1961·5. How a notice under Section 80 of the C. P. C, is to be interpreted has been considered recently by the Supreme Court in several cases. In Dhian Singn Sobha Singh v. Union of India, AIR 1958 SC 274 a claim for damages for conversion and detention had been made. In the notice served under Section 8...
High Court Of Judicature at Allahabad
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