Ram Pratap And Ors. vs Narain Singh Chaudhary
Judges: D Uniyal
21 December, 1964·4. The suit was resisted by the appellants. They denied that injunction was obtained by them maliciously or without reasonable and probable cause. 5. The two Courts below decided the suit against the appellants and held that their allegation in the earlier suit that the second storey sought to be co...
High Court Of Judicature at Allahabad
Mst. Kiran Devi vs Abdul Wahid And Anr.
Judges: D Mathur
21 December, 1964·4. The restoration application was made more than 30 days after the passing of the ex parte order. The learned District Judge was of opinion that the prescribed period of limitation for making the restoration application was 30 days and as the application was made beyond time, it was liable to dismi...
High Court Of Judicature at Allahabad
Smt. Nannho Bibi vs Ram Swarup Rastogi And Anr.
Judges: M Desai, R Sharma
11 December, 1964·5. In this second appeal we have heard the learned counsel for all the three parties. Learned counsel for respondent No. 1 stated that he was interested in the recovery of his money and it did not matter to him against which party the decree was passed. Learned counsel for the auctioneer respondent ...
High Court Of Judicature at Allahabad
Ravendra Kaur vs Achant Swarup
Judges: H Tripathi
10 December, 1964·2. On revision the learned Sessions Judge was of the opinion that the view of law taken by the Magistrate was incorrect and that it was not legal on his part to have set aside his previous order allowing maintenance to the applicant. He has, therefore, referred the case to this Court for setting asi...
High Court Of Judicature at Allahabad
Smt. Ganga Dei And Ors. vs Smt. Munia
Judges: D Mathur
10 December, 1964·3. A perusal of the provisions of the Succession Act shall make it clear that with regard to one debt or specified debts one succession certificate, and not more, can be granted. The provisions generally speak of the grant of a succession certificate on an application made by an interested person or...
High Court Of Judicature at Allahabad
Har Prasad vs Hans Ram And Ors.
Judges: H Tripathi
10 December, 1964·4. In the case referred to by the learned counsel it was held by the Privy Council that mutation proceedings "are much more in the nature of fiscal inquiries instituted in the interest of the State for the purpose of ascertaining which of the several claimants for the occupation of certain denominat...
High Court Of Judicature at Allahabad
Municipal Board vs District Magistrate And Anr.
Judges: R Pathak
09 December, 1964·4. The only question for consideration is whether the circumstance that a daily charge is levied in respect of the godowns and that rent is not recovered on a monthly basis is a proper test in law for determining whether the building should be considered under Clause (a) or Clause (b) of Sub-section...
High Court Of Judicature at Allahabad
Rameshwar vs Uttar Pradesh Government
Judges: D Uniyal
09 December, 1964·3. The permit granted by the Excise Commissioner, U. P., to the plaintiff-appellant had thus been issued in exercise of the power conferred on him under Clause (4) of the Order. The appellant deposited the necessary licence fee and thereupon a permit was issued to him to purchase 2,500 maunds of mol...
High Court Of Judicature at Allahabad
Prem Prakash Agarwal vs Ram Pratap
Judges: D Mathur
09 December, 1964·4. The learned Advocate for the plaintiff-respondent has raised a preliminary objection to the maintainability of the appeal. The point raised by him is that the appeal was dismissed on 1-7-1961 under Order 41, Rule 11 (1), C. P. C., and consequently no restoration application under Order 41, Rule 1...
High Court Of Judicature at Allahabad
Delhi Cloth And General Mills vs Regional Provident Fund ...
Judges: J Sahai, B Gupta
07 December, 1964·2. The only question that has been canvassed before us at the Bar is whether the Sugar Works, the distillery and the confectionary works are separate factories in themselves or the distillery and the confectionary works carry on different industrial operations but in the same factory so as to make t...
High Court Of Judicature at Allahabad
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