Allahabad Court April 1902 Judgments
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W.C. Kenney Vs. Nandan Prasad
Court: Allahabad
Decided on: Apr-02-1902
Reported in: (1902)ILR24All356
Knox and Blair, JJ.1. The sole plea argued before us was that the learned Judge had no jurisdiction either to retransfer the trial of this case to the Subordinate Judge, or to hear the appeal from the decree of the Subordinate Judge. It appears that one Kenney, who is respondent before us, presented an application to sue in forma pawperis in the Court of the Subordinate Judge of Cawnpore. The District Judge of Cawnpore, acting under Section 25 of the Code of Civil Procedure, withdrew this application and decided it himself. After deciding it, he retransferred the suit for trial to the Court of the Subordinate Judge. It is this order of transfer, and all that followed it, which is impugned by the appellant. In support of this contention the learned advocate for the appellant drew our attention to the case of Amir Begam v. Prahlad Das Weekly Notes 1902 p. 66. That case is undoubtedly an authority. The only way in which the Learned Counsel for the respondent tried to distinguish it is, th...
In Re: Padma Dat Joshi
Court: Allahabad
Decided on: Apr-02-1902
Reported in: (1902)ILR24All348
John Stanley, C.J., Blair and Burkitt, JJ.1. In this matter a petition has been presented to the High Court by Pandit Padma Dat Joshi, praying that certain orders of the Commissioner of Kumaun refusing to enrol him as a pleader under Section 8 of the Legal Practitioners Act (XVIII of 1879) qualified to practise in the Courts of the Sessions Judge of Kumaun and of the Subordinate Magistrates, in all the Revenue Offices, and also in the Commissioner's Court in respect of the cases referred to in Rule (11) of the Kumaun Rules, may be set aside, and that the Commissioner of Kumaun may be directed to enrol him as such pleader, and to permit him to practise in the said Courts and Offices.2. It appears that the pleader, being duly qualified in that behalf, applied to this High Court to be admitted and enrolled as a pleader of this Court, and was duly enrolled as such on the 19th of August 1898. Subsequently he made several applications to the Commissioner of Kumaun for license to practise as ...
Mazhar Ali Khan Vs. Sajjad HusaIn Khan
Court: Allahabad
Decided on: Apr-02-1902
Reported in: (1902)ILR24All358
Banerji and Aikman, JJ.1. This is an appeal from a decree of the Subordinate Judge of Moradabad dismissing the plaintiff's suit on the ground of misjoindor of defendants and of causes of action, The property which was claimed originally belonged to one Munawwar Ali Khan. The plaintiff alleged himself to be the purchaser of the interests of Masit-un-nissa and Abdul Hasan, two of the heirs of Munawwar Ali Khan, and he claimed a portion of the shares purchased by him agaiust Sajjad Husain Khan, another heir of Munawwar Ali Khan, who, he asserted, had withheld possession from the plaintiff's vendors, and had transferred a portion of the property to the other defendants. The 'plaintiff's title was acquired under two sale-deeds, one dated the 28th of May 1887, and the other dated the 10th of November, 1892. The Court below has held that the plaintiff had separate causes of action; that those causes of action had accrued separately against the different defendants; and that there was a misjoi...
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