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Allahabad Court August 1907 Judgments

Aug 14 1907

Emperor Vs. Mahendra Singh and anr.

Court: Allahabad

Decided on: Aug-14-1907

Reported in: (1908)ILR30All47

Banerji and Aikman, JJ.1. It has been held by this Court in In the matter of the petition of Amar Singh (1893) I.L.R. 16 All. 9 and in In the matter of the petition of Gudar Singh (1897) I.L.R. 19 All. 291 that a case like the present cannot be transferred to another district. The question is open to argument, but we do not feel ourselves justified in disregarding these rulings. We therefore dismiss the application. At the same time we cannot approve of the action taken by the District Magistrate, however well-intentioned that action may have been, specially having regard to the fact that the case might come before himself in appeal under Section 406 of the Code of Criminal Procedure....

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Aug 14 1907

Ganga Devi and ors. Vs. Dharam Das

Court: Allahabad

Decided on: Aug-14-1907

Reported in: (1907)ILR29All773

Knox, Acting, C.J. and Dillon, J.1. This appeal arises out of a suit brought by the plaintiff respondent to recover Rs. 5,520-15-9 under the following circumstances:2. The plaintiff is the widow of one Niadar Singh and the defendants are the sons of one Lala Paras Das. The plaintiff's case is that Paras Das was a banker carrying on business at Saharanpur, Simla and various other places, and that as a banker he used to receive moneys by way of deposit, on which interest was paid or not paid, according to the agreement in each particular case; that her husband at various times between the 24th December 1896 and the 24th of May 1902 deposited money in the defendant's Bank at Simla, and that it was agreed that he was to receive interest at the rate of annas 6 per cent, per mensem on such deposits. It was also agreed that the principal and interest was payable on demand. That this course of dealing continued until the 2nd December 1901, the plaintiff's husband operating on the account thus ...

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Aug 13 1907

Akbar HusaIn Vs. Hari Ram

Court: Allahabad

Decided on: Aug-13-1907

Reported in: (1907)ILR29All749

Knox, Acting, C.J.1. The facts out of which the question raised in this appeal springs are as follows:2. On the 29th of September 1906 the respondent instituted a suit in the Court of the Munsif of Amroha. He asked for a decree declaring his right of pre-emption over (1) a share of certain property which he described as muafi with zamindari in Thok Khurd; (2) a share of property described as muafi with zamindari together with a proportionate share of shamlat land in Patti Khwaja Bakhsh, Thok Kalan, and (3) all rights appertaining to the above-mentioned properties. For the purpose of determining the jurisdiction of the Court, he valued his claim at Rs. 800, which he said was the actual value of the property claimed by him, and he computed the fee payable under Act No. VII of 1870 in accordance with the provisions of Section 7, Clause (5), paragraph (c) of that Act. He stated the nett profits that had arisen from the land during the year next before the date of presenting his plaint as b...

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