Salik Ram Adya Prasad vs Ram Lakhan And Ors.
Judges: H Seth
21 March, 1972·4. On the question of limitation, it was urged before the trial Court that Smt. Lakhpatti died on 5th of January, 1954 and therefore a suit for ejectment of the petitioner, as an Asami, could be filed only up-to 30th June, 1957. The suit having been filed on 21st September, 1961, was hopelessly barr...
High Court Of Judicature at Allahabad
Sri Ram Prasad vs The State Bank Of Bikaner And Ors.
Judges: J Trivedi
21 March, 1972·2. Learned counsel for the applicant has contended that the suit Had abated against Sriniwas Murarka when all the legal representatives of the deceased were not brought on record within the prescribed period and no application has been made for setting aside the abatement. Reliance has been placed b...
High Court Of Judicature at Allahabad
Mewa Lal And Ors. vs Smt. Tara Rani
Judges: K Srivastava
21 March, 1972·7. A perusal of the notice Ext. 23 would clearly show that arrears of rent were demanded from 24-4-1967. This further proves that the rent was being demanded on the right of ownership which has passed to the plaintiff-respondent by virtue of execution of the sale-deed Ext. 18 which was executed by R...
High Court Of Judicature at Allahabad
National Plastic And Allied ... vs Union Of India (Uoi) And Ors.
Judges: C Singh
21 March, 1972·4. The trade of export and import in goods is governed by the provisions of Imports and Exports (Control) Act, 1947. In exercise of powers conferred by Sections 3 and 4 (a) of that Act, the Government, of India has promulgated Imports (Control) Order 1955. Rule 5 of the Rules authorises the licensin...
High Court Of Judicature at Allahabad
Raj Kishore Misra And Anr. vs Zila Parishad, Unnao And Ors.
Judges: G Lall
21 March, 1972·3. The appointment order (Annexure 1) relating to petitioner No. 1 shows that his appointment as Kar Nirikshak was temporary. It is not in controversy that petitioner No. 2 was also temporarily working as Kar Nirikshak. There was a regular selection for the two posts and in terms of Section 39 of th...
High Court Of Judicature at Allahabad
Jhurai Lal vs Mohin Das Bose
Judges: K Srivastava
20 March, 1972·6. If we analyse the present case in the above light, we find that the plaintiff decree-holder's claim was that the defendant-judgment-debtor was his tenant of all the three portions of the tenement which consisted of two vacant portions of lands, and the third portion covered with a Gumti. The othe...
High Court Of Judicature at Allahabad
Mahendra Pratap Kapur vs Burmah Shell Oil Storage And ...
Judges: K Seth
17 March, 1972·In Major S. S. Khanna v. Brig. F. J. Dillon, AIR 1964 SC 497 the Supreme Court thus interpreted the word "case": "The expression 'case' is a word of comprehensive import: it includes civil proceedings other than suits, and is not restricted by anything contained in the Section to the entirety of the...
High Court Of Judicature at Allahabad
Kanhaiya And Ors. vs Mst. Dhaneshwari And Anr.
Judges: K Seth
17 March, 1972·"At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part of his claim." It is contended by the appellants that they have an unfettered and unqualified right to withdraw the suit at any stage and as the appeal is a cont...
High Court Of Judicature at Allahabad
Kapoor Chand And Anr. vs Kailash Chand
Judges: T Misra
16 March, 1972·4. It was urged on behalf of the defendants appellants that both the courts below have misconstrued the terms of Ex. 16, being the compromise decree passed in Suit No. 421 of 1948 referred to above whereby the defendants had acquired a right to discharge water in pucca and covered drain. There in fo...
High Court Of Judicature at Allahabad
Vishwa Mitra Chhadda vs Smt. Amrit Kaur And Ors.
Judges: S Chandra, T Misra
16 March, 1972·7. Learned counsel emphasised the last clause which provides that the Claims Tribunal shall specify the amount which shall be paid by the insurer, and argued that this clearly shows that the insurer alone is liable before the Claims Tribunal. If any one else was also to be made liable, there would h...
High Court Of Judicature at Allahabad
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