Court : Allahabad
Reported in : 117Ind.Cas.824
Dalal, J.1. The grounds of appeal may be taken up one by one. The suit was one for dissolution of partnership and rendition of accounts. A preliminary decree has been passed by the Court of the Munsif of Dehra Dun. An appeal to the District Judge of Saharanpur failed, and this is a second appeal by the defendant. In the first two grounds it was urged that the Munsif had no pecuniary jurisdiction to hear the suit. Those grounds, however, were not argued. What was argued before me was that the suit ought to have been filed in a Civil Court in Lucknow, and not at Dehra Dun. In the present case the partnership was entered into at Dehra Dun. S0 clearly the cause of action arose partly there. The business was to be carried on at Lucknow. So under the provisions of Section 20(c) of the Code of Civil Procedure it was open to the plaintiff to choose the place of suit between Dehra Dun and Lucknow. Two rulings were cited by learned Counsel for the defendant-appellant Niranjan Singh v. Kundan Sin...
Tag this Judgment!Court : Allahabad
Reported in : 117Ind.Cas.620
..... is defined in section 54 as a transfer for a price paid or promised or part paid and part promised. under section 87 of the transfer of property act which was in force in 1906 when the foreclosure decree was passed, on failure to deposit the mortgage money, the plaintiff mortgagee had to apply to the court for an order that ..... hold that the foreclosure amounted to a voluntary alienation by the mortgagor on the date when the foreclosure decree was passed. the proceedings in court were not a mere ministerial act, but were the result of a preliminary decree passed by the court. we are accordingly compelled to hold on the language of section 10 as it stood that no ..... case of this court in which this point has been decided one way or the other. we accordingly propose to examine the language of section 10 of the agra tenancy act under which an ex-proprietary tenancy can be created. it provides that every proprietor whose proprietary rights in a mahal or in any portion thereof, whether in any share .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All112; 121Ind.Cas.546
..... that the appeal has already been dismissed. i cannot hear this appeal. it is barred by res judicata. no question of section 5, lim. act, or any other question can be decided, i dismiss this appeal with costs.7. this view is obviously erroneous. the appeal originally instituted on 28th january 1926 was no ..... other than mr. johnston. the appeal was resisted not on the ground that there was no sufficient cause for extending the period of limitation under section 5, lim. act, but for the reason that it was barred by res judicata. this plea found favour with the learned district judge, who observed as follows:a preliminary objection is raised ..... march 1926, a fresh appeal which was in proper form. he filed an affidavit in which he set out facts to attract the operation of section 5, lim. act. this time the vakalatnama was duly executed, the name of the vakil duly mentioned, the acceptance properly endorsed and the memorandum of appeal signed by the vakil. a prayer .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All786
..... order 21, rule 92(3), and prohibits a separate suit on the ground of fraud in the proclamation or conduct of the sale. we therefore do not see any force in this suggestion. the second suggestion is that the confirmation of the sale by the revenue court has not yet become final. although the commissioner on 17th january 1930 ..... doubt. the document has to be presented for registration before a sub-registrar within whose circle a property to which the document relates must be situated: section 28, registration act. if the parties never intended that a certain item should be sold at all and transferred under the dead, the deed does not relate to it, and by concealing ..... [1913] 18 i.c. 389.which corresponds to ram krishna v. anand krishna : air1929all578 , the same view was elaborated, and it was laid down that section 92, evidence act, prevented such an enquiry and that proviso (1) to that section did not entitle a party to the instrument to prove any such intention as would be at variance with .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All512
..... suit being purely a matter of procedure and not of substantive hindu law, the principle enunciated in the full bench case of anand prakash (12) applies with equal force to the insolvency of the manager so far as the payment of family debts is concerned. if that case lays down the law correctly, there cannot be a ..... become vested in the receiver. on the other hand, his insolvency after separation would vest no such right in the receiver.85. under section 4, provincial insolvency act,, the court has ample jurisdiction to decide against the other members whether particular debts are such as are binding on the family. of course, the burden of proving ..... given separate shares, were all minors except bankey lal.5. the four insolvency cases were consolidated apparently on the principle of the rule in section 15, provincial insolvency act, and the orders were passed in case no. 49 of 1923. the receiver sold the properties which had been allotted to the four insolvents, lachhman prasad, asharfi lal .....
Tag this Judgment!Court : Allahabad
Reported in : [1933]1ITR186(All)
..... mentioned case were, however, peculiar.but it may be pointed out that the definition of the word 'person' as given in the general clauses act, 1868, which was in force when the contract act was passed, and which definition has been reproduced in the at of 1897, was not expressly considered in the above cases. according to that ..... jai dayal madan gopal (registered), and therefore the income should not be treated as the income of two individual partners. in my opinion this argument has no force. it may be that the two partners who constituted the registered benares firms jai dayal madan gopal were not aware of the law and for this reason or for ..... having regard to the previous authorities, particularly of this court, i am not prepared to dissent from the view that the word 'person' in section 239, contract act, should not be interpreted so as to include a firm. such an interpretation avoids complications in dissolution of partnerships and may well be accepted. but the question whether .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All77
..... 6. but it may be pointed out that the definition of the word 'person' as given in the general clauses act, 1868, which was in force when the contract act was passed, and which definition has been reproduced in the act of 1897, was not expressly considered in the above cases. according to that definition a person includes any company or ..... in re kajori mal kalyan mal : air1930all209 . this view has been followed in bombay in the case of income-tax commissioner v. national mutual life association ltd. air 1931 bom 448. in this view of the law this court has_ to determine first what was the real point of controversy between the parties and then to pronounce an ..... namely, jai dayal madan gopal (registered), and therefore the income should not be treated as the income of two individual partners. in my opinion this argument has no force. it may be that the two partners who constituted the registered benares firm jai dayal madan gopal were not aware of the law and for this reason or for some .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All329
..... : (1) all rulea of evidence not contained in any statute, act or regulation in force in any part of british india.5. we might further refer to the definition of 'evidence' and of 'proved' in section 3, evidence act and it is clear that evidence permitted by the evidence act is evidence which can be used for the purpose of considering whether ..... is essential in the following rulings: amantunnissa v.bashirunnissa (1895) 17 all 77, muhammad karim ullah khan v. amani begam (1895) 17 all 93,hamira bibi v. zubaida bibi air 1916 pc 46 and sabur bibi v. ismail shaikh : air1924cal508 . the contrary has been held, that the consent of the heirs is not essential, in ramzan ali khan v. ..... , and the rule will become nugatory. we therefore agree with the interpretation of the full bench of the madras high court expressed in beeju bee v. moorthiya saheb air 1920 mad 666. on this view of the law we hold that the plaintiffs can only obtain a decree for possession conditional on the payment by the plaintiffs of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All201
..... .c., does not apply, and consequently the order of the lower court cannot be the subject of an appeal to this court. in our opinion this contention has no force. that parmeshwari din, is a representative in interest of noorul hasan can admit of no doubt. the question arises between the decree-holder on the one side and the ..... of the decree. reference was made to two full bench cases (1) : bhagwati v. banwari lal (1909) 31 all 82 and gaya bakhsh singh v. rajindra bahadur singh air 1928 oudh 199. both these cases refer to the right of an auction-purchaser to apply for delivery of possession after he was actually delivered possession but was obstructed by ..... transfers in his favour cannot affect his rights under the decree to any extent.3. we are clearly of opinion that this contention is sound. section 52, t.p. act, lays down that, during the active prosecution in any court of a contentious suit in which any right to irremovable-property is directly and specifically in question, the property .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All281; 145Ind.Cas.959
..... . the powers of these courts are well defined either tinder the code or under rules made by the local government. there is perhaps a great deal of force in the argument advanced by the learned counsel for the applicant that the district magistrate in entertaining ram sahai gupta's appeal usurped a jurisdiction which he did ..... criminal p.c. the high court can examine the record of proceedings before an inferior criminal court only. it is further argued that under section 164, municipalities act. local act 2 of 1916 the order of the district magistrate confirming, setting aside or modifying an order in respect of valuation or assessment or liability to assessment or taxation ..... of the high court applies under section 4 35, criminal p.c. the sind judicial commissioner's court in the case of the karachi munacipality v. jafarji tayabji air 1927 sind 23, followed the bombay high court and repelled a contention very similar to the one advanced by mr. peary lal banerji before me. i find support .....
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