Allahabad Court December 1942 Judgments
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Kallian Rai Vs. Kashi Nath
Court: Allahabad
Decided on: Dec-09-1942
Reported in: AIR1943All188
Bajpai, J.1. One point of law has been argued with great vigour by Mr. Gopal Samp Pathak appearing on behalf of the defendant appellant, and in order to appreciate the point it is necessary to state a few facts which are now established beyond any controversy. On 24th November 1935 Kallian Rai, the defendant, borrowed Rs. 4000 from one Sahu Gopi Nath and executed a promissory note. The details of the promissory note were that Rs. 2041 were taken in cash and it was acknowledged that Rs. 1959 were due on old account. It has been found by the Court below upon unimpeachable evidence that at the time of the execution of the promissory note in suit a sum of Rs. 1959 was due from the defendant on account of previous loans and a sum of Rs. 2041 in cash was taken by the defendant from Sahu Gopi Nath. The execution of the promissory note and the passing of full consideration is, therefore, clearly established. It was also contended in the Court below that the defendant was an agriculturist at al...
Robert Hercules Skinner Vs. Lt. James R.R. Skinner
Court: Allahabad
Decided on: Dec-09-1942
Reported in: AIR1943All202
Allsop, J.1. This is an appeal from an order passed under Section 144, Civil P.C., for the restitution of certain property. This property belonged originally to one Richard Ross Skinner. On his death his estate was divided in equal shares between his sister, Alice Georgina Skinner, and his brother, George Corbin Earle Skinner. The latter agreed to transfer the property in suit by sale to the appellant, Robert Hercules Skinner. After his death Robert Hercules Skinner instituted a suit for specific performance of the agreement to sell the property. Stanley Edgar Skinner wag the administrator of the estate of George Corbin Earle Skinner, but for some reason the estate was represented in the suit by Thomas Ivan Skinner. The first Court dismissed the suit but on appeal the High Court passed a decree in favour of the plaintiff. Under the terms of the decree, the consideration for the sale was to be deposited by the plaintiff in Court and Stanley Edgar Skinner and Thomas Ivan Skinner were to ...
Manmohan Lal Vs. Shib Shankar and anr.
Court: Allahabad
Decided on: Dec-08-1942
Reported in: AIR1943All194
Verma, J.1. This is an appeal by defendant 1 in a suit for sale brought on the basis of a deed of simple mortgage dated 10th September 1928 executed by the appellant in favour of the plaintiff-respondent. The amount claimed by the plaintiff was Rs. 21,604-10-6. The only defences which the appellant put forward to the claim were based on the provisions of the U.P. Agriculturists' Relief Act (27 of 1934). It was admitted on behalf of the plaintiff that the appellant was an 'agriculturist'. The first contention raised by the appellant was that the plaintiff had not complied with the mandatory provisions of Section 32 of the Act and that therefore he was liable to the penalties laid down in Section 34. The next plea taken by the appellant was that he was entitled to instalments and to a reduction of the rate of interest in conformity with the provisions of the Act. The Court below accepted the second of the contentions mentioned above and granted certain instalments and allowed interest at...
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