Allahabad Court August 1912 Judgments
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Parbati Vs. Baij Nath Pathak and anr.
Court: Allahabad
Decided on: Aug-03-1912
Reported in: (1913)ILR35All3
Henry Richards, Kt., C.J. and Banerji, J.1. This appeal arises out of a suit in which the plaintiff sought to set aside a deed of gift executed by her. She based her claim upon undue influence and fraud. The courts below, however, have found against her upon these grounds. It was contended, however, on her behalf that the deed was not registered at her instance or with her consent, and that registration was brought about compulsorily. The sole question to decide, therefore, is whether or not it is necessary in order that there should be a valid gift of immovable property not only that the instrument should be duly executed and attested in the manner provided by Section 123 of the Transfer of Property Act, but also that the registration should be either at the instance of or at least with the consent of the donor. The section merely provides that the gift should be effected by an instrument executed by the donor, attested by two witnesses and registered. In our opinion a document regist...
Musammat Parbati Vs. Baij Nath Patak and anr.
Court: Allahabad
Decided on: Aug-03-1912
Reported in: 16Ind.Cas.406
1. This appeal arises out of a suit in which the plaintiff sought to set aside a deed of gift executed by her. She based her claim upon undue influence and fraud. The Courts below, however, have found against her upon these grounds. It was contended, however, on her behalf that the deed was not registered at her instance or with her consent and that registration was brought about compulsorily. The sole question to decide, therefore, is whether or not it is necessary, in order that there should be a valid gift of immoveable property, not only that the instrument should be duly executed and attested in the manner provided by Section 123 of the Transfer of Property Act but also that the registration should be either at the instance of or at least with the consent of the donor. The section merely provides that the gift should be effected by an instrument executed by the donor, attested by two witnesses and registered. In our opinion, a document registered in accordance with the provisions ...
Emperor Vs. Hargobind
Court: Allahabad
Decided on: Aug-01-1912
Reported in: (1913)ILR35All1
Tudball, J.1. The applicant in this case has been convicted under Sections 3 and 4 of the Public Gambling Act and has been fined Rs. 30. The two points taken before me are: (1) That the search carried out by the police was entirely illegal, and (2) that it is not proved that the house in question is a gaming house. In regard to the first point after examining the warrant I find it was issued apparently for the search of any house which the police officer to whom the warrant was issued might think proper to search There can be little doubt that the warrant was entirely illegal and any search under it was not such as was contemplated by the Act. The result of this illegal search, however, is merely this, that no presumption whatsoever can be drawn in accordance with the Act such as is allowed by the there of to be drawn in the case of a legal search If, however there is evidence on the record to establish that the house was a gaming house and that the present applicant was using it as su...
Hargobind Vs. Emperor
Court: Allahabad
Decided on: Aug-01-1912
Reported in: 17Ind.Cas.576
Tudball, J.1. The applicant in this case has been convicted under Sections 3 and 4 of the Public Gambling Act and has been fined Rs. 30. The two points taken before me are: (1) That the search carried out by the Police was entirely illegal, and (2) that it is not proved that the house in question is a gaming house. In regard to the first point after examining the warrant I find it was issued apparently for the search of any house which the Police officer to whom the warrant was issued might think proper to search. There can be little doubt that the warrant was entirely illegal and any search under it was not such as was contemplated by the Act. The result of this illegal search, however, is merely this, that no presumption whatsoever can be drawn in accordance with the Act such as is allowed by the terms thereof to be drawn in the case of a legal search. If, however, there is evidence on the record to establish that the house was a gaining house and that the present applicant was using...
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