Allahabad Court January 1909 Judgments
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Baji Lal Vs. Gobardhan Singh and ors.
Court: Allahabad
Decided on: Jan-14-1909
Reported in: 1Ind.Cas.1000
Aikman, J.1. The appellant Baji Lal sued to foreclose a mortgage. As a condition precedent to foreclosure, the Court below held that the appellant was bound to redeem a prior mortgage by payment of a sum of Rs. 5,941-6-5. Baji Lal has appealed against this portion of the decree and the office reported that memorandum of appeal should bear an ad valorem fee on this amount. The Taxing Officer took the same, view, but has referred the case under Section 5. It is not easy to reconcile all the decisions cited, but in my opinion the later decisions support the view taken by the office. That view is in accord with the ratio decidendi in Nepal Rai v. Debi Prasad (1905) 25 A.W.N. 40.2. In a reference under Section 5 in Jhandu Mal v. Himmat, second appeal of 1907, from the decree of the Additional Judge of Meerut, the learned Judge who disposed of the reference said, The appellant-plaintiff seeks by this appeal to get rid of a liability imposed on him by the decree under appeal to pay off Kalyan...
Jagannath Prasad Vs. Mulchand and ors.
Court: Allahabad
Decided on: Jan-14-1909
Reported in: 1Ind.Cas.999
Aikman, J.1. This is a reference by the Taxing Officer, under Section 5 of the Court Fees Act. In Execution Second Appeal No. 1143 of 1907 a Bench of this Court referred certain issues for trial by the Court below. An application was presented by the appellant in that case for a review of the interlocutory order referring these issues. The application was presented on a Court-fee stamp of Rs. 2. The official charged with the duty of checking the Court-fee reported that application was insufficiently stamped on the ground that the proper Court-fee on the application was the fee leviable on the memorandum of appeal. The Taxing Officer accepted this view, but considering the question to be one of general importance, made a reference regarding it under Section 5. It is no doubt true that the application is an application for a review of judgment and that judgment is defined as meaning the statement given by the Judge on the grounds of a decree or order. But in my opinion neither Article 4 ...
Ghulam HussaIn and anr. Vs. Muhammad HussaIn and ors.
Court: Allahabad
Decided on: Jan-14-1909
Reported in: 2Ind.Cas.209
1. The subject-matter in dispute in this appeal is a house situated in Badaun. The plaintiff sued for possession, but in his plaint added a further prayer that any other relief to which ho might be entitled be granted to him. One of the defences and the only one with which we are now concerned, was that as the plaintiff's mother acting for him had granted a lease to certain third persons, the plaintiff could not sue for immediate possession, inasmuch as the lease was a lease for one year and this period had not determined at the time when the suit was brought. The Court of first instance sustained this plea, but in appeal the District Judge held that the plaintiff was entitled to claim immediate possession. He accordingly reversed the order of the Munsif and remanded the case for determination on the merits under Section 562 of the former Code of Civil Procedure. The defendants who were in actual possession have come to this Court and again raise the plea that upon the plaintiff's own ...
Chhakauri Khan Vs. Pir Bakhsh Khan and ors.
Court: Allahabad
Decided on: Jan-11-1909
Reported in: 2Ind.Cas.32
1. This appeal has been brought by Chhakauri Khan who purchased at a sale in execution of two Revenue Court decrees the house of the judgment-debtor defendant. One decree was for costs resulting in proceedings under Section 39 of Act No. III of 1901. The other was a decree passed under Act No. II of 1901, Section 159. Apparently the two decrees were consolidated and, one sale held on account of both decrees so consolidated.2. The judgment-debtor applied to the Assistant Collector offering to pay in the sum decreed in accordance with the provisions of Section 310 A of the Code of Civil Procedure as made applicable to Rent Courts, The Assistant Collector of the second class rejected his application and there is no doubt that he did so wrongly. Chhakauri Khan then got a sale certificate in his favour and obtained format possession over the house on 5th November 1905.;3. The judgment-debtor appealed to the Collector who set aside the order of the Court below and granted the judgment-debtor...
Ram Kumar Singh and ors. Vs. Shaikh Ali Husain
Court: Allahabad
Decided on: Jan-09-1909
Reported in: 1Ind.Cas.884
1. The circumstances under which tin's appeal has arisen are as follows. The plaintiff Sheikh Ali Husain was mercilessly beaten by some persons including some of the defendants in this suit. 13 persons were prosecuted for this assault, with the result that 8 were convicted. After the conviction of these parties the plaintiff instituted the suit out of which this appeal has arisen for damages for the injuries sustained by him at the hands of his assailants. He claimed a sum of Rs. 325. Amongst the defendants were the 8 persons who were convicted of the assault. During the progress of the case one of the defendants admitted that the assault had been committed and represented that he was willing to pay a sum of Rs. 25 as his share of the damages claimed by the plaintiff. As the sum of Rs. 325 only was claimed in the suit, it will be seen that Rs. 25 represented the proportionate share of the damages, which the defendant in question would be in fairness bound to pay. The plaintiff was will...
Ali HusaIn and ors. Vs. Ram Kumar Singh
Court: Allahabad
Decided on: Jan-08-1909
Reported in: (1909)ILR31All173
John Stanley, Kt., C.J. and Banerji, J.1. The circumstances under which this appeal has arisen are as follows. The plaintiff, Sheikh Ali Husain, was mercilessly beaten by some persons including some of the defendants in this suit. Thirteen persons were prosecuted for this assault, with the result that eight were convicted. After the conviction of these parties the plaintiff instituted the suit out of which this appeal has arisen for damages for the injuries sustained by him at the hands of his assailants. He claimed a sum of Rs. 325. Amongst the defendants were the 8 persons who were convicted of the assault. During the progress of the case one of tie defendants admitted that the assault had been committed and represented that he was willing to pay a sum of Rs. 25 as his share of the damages claimed by the plaintiff. As the sum of Rs. 325 only was claimed in the suit, it will be seen that Rs. 25 represented the proportionate share of the damages, which the defendant in question would b...
Hamid-un-nissa Bibi Vs. Nazir-un-nissa and anr.
Court: Allahabad
Decided on: Jan-08-1909
Reported in: (1909)ILR31All170
John Stanley, Kt., C.J. and Banerji, J.1. This appeal arises out of a suit brought by the first wife of the defendant Ali Jawad for a declaration that a transfer made by him on the 6th of December, 1904 substantially of all his property in favour of his second wife was void against her. It appears that the appellant, Hamid-un-nissa Bibi, demanded her dower from her husband and instituted a suit for the recovery of it on the let of December 1904. Five days after the institution of this suit Ali Jawad made the transfer which is impeached in this suit. On the 22nd of February 1905 the plaintiff appellant obtained a decree for her dower amounting to Rs. 5,000, and forthwith proceeded to execute her decree. She was resisted by the defendant respondent, Musammat Nazir-nn-mesa, and in consequence the suit out of which this appeal has arisen was instituted.2. The court of first instance dismissed the plaintiff's claim. Upon appeal the learned District Judge affirmed the decision of the court b...
Hamid-un-nissa Bibi Vs. Nazir-un-nissa Bibi and anr.
Court: Allahabad
Decided on: Jan-08-1909
Reported in: 1Ind.Cas.883
1. This appeal arises out of a suit brought by the first wife of the defendant Ali Jawad, for a declaration that a transfer made by him on the 6th of December 1904 substantially of all his property in favour of his second wife was void against her. It appears that the appellant Hamid-un-nissa Bibi demanded her dower from her husband and instituted a suit for the recovery of it on the 1st December 1904. Five days after the institution of this suit Ali Jawad made the transfer which is impeached in this suit. On the 22nd of February 1905 the plaintiff-appellant obtained a decree for her dower amounting to Rs. 5,000 and forthwith proceeded to execute her decree. She was resisted by the defendant respondent Musammat Nazir-un-nissa and in consequence the suit out of which this appeal has arisen was instituted.2. The Court of first instance dismissed the plaintiff's claim. Upon appeal the learned District Judge affirmed the decision of the Court below.3. The main ground of that appeal was tha...
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