Court : Allahabad
Reported in : AIR1935All382; 157Ind.Cas.261
..... a trench of this court in mt. ram siri v. iqbal bahadur 1933 all. 456 where the terms 'thekadar' and 'agricultural holding' were considered. there is therefore no force in the preliminary contention advanced by the appellant.11. under section 273, clause (4) the finding of the revenue court on the issue referred to it shall, for the ..... on 1st july folio wing; but the tenants ploughed and sowed in that month and showed no disposition to fulfil their agreement. in the case before us the facts aire different. the defendant, kishun chand singh; said that the theka had determined and gave up all rights under the same. he then along with certain persons other than ..... best in. 1924 kishun chand singh should be deemed to have surrendered his thekadari rights and as the tenancy act of 1901 was in force in 1924, we must look to the provisions of relating to surrender contained in that act and in order that the surrender should be effectual, the elaborate provisions contained in section 83 et seq of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All817
..... which i was a member. i adhere to the view taken by me in that case.20. it seems to be an unheard of procedure that the court should force upon a plaintiff a frame of the suit which he is not willing to adopt. if the allegations contained in his plaint are such as to make it possible ..... foregoes all the advantages conferred by the relief of cancellation and subjects himself to certain limitations imposed by section 42. it should be noted that section 39, specific relief act, does not in terms provide that, where a plaintiff is able to claim a further relief, the court shall not grant the adjudication claimed by him, cases are ..... void against a reversioner. the deed by which the alienation was made, must of necessity be referred to in granting the declaration. in this connexion section 40, specific relief act, which provides for partial cancellation, has a material bearing. if the argument above referred to is correct, the declaration amounts to a partial cancellation of the instrument by .....
Tag this Judgment!Court : Allahabad
Reported in : 161Ind.Cas.493
..... and that that decision operated as res judicata and prevents the guardian from agitating the same point now. we are of the opinion that there is no force in this contention. the order of the learned district judge was an interlocutory order and could neither be appealed against under section 47 nor could a revision ..... present application in revision against the said order and contends firstly that the entire proceedings in the court below are without jurisdiction, in the sense that the act does not contemplate a detailed enquiry into the matter of accounts but only a summary investigation and secondly that in any event they are wholly irregular inasmuch as ..... of fact a small sum was due to the guardian. mr. mushram, the district judge, appointed babu mukatbehari as auditor under section 34-a, guardians and wards act, to audit the accounts.2. the auditor submitted his report on december 17, 1931, stating that no definite conclusions were possible because the accounts were not reliable, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All434; 163Ind.Cas.564
..... had no existence as an agriculturist in so far as this transaction is concerned because the money was not advanced to. him. this argument has in my opinion no force. we cannot go beyond the plain meaning of the section. bandhu singh claims to be an agriculturist for the purposes of section 5 and therefore all that can be ..... shall not exceed four years.5. there may be one further difficulty in applying a meaning to the term decree in the proviso to section 3(1) of the act. the act says that the period of such instalments shall not extend beyond four years from the date of the decree. section 3 refers to those cases in which an instalment ..... 1935 and then bandhu singh put in an application that the decree might be converted into a decree for payment by instalments under the provisions of section 5, agriculturists' belief act. the learned munsif accepted his contention, reduced the interest and directed that payment should be made by annual instalments of rs. 150.2. two points are raised by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All676; 165Ind.Cas.167
..... be challenged by appeal. section 128 specifies the various kinds of taxes which the municipal board is empowered to impose. all those taxes are not imposed by force of the act, but the board has to notify its proposal of imposing a particular tax and to invite objections from the inhabitants of the municipality, who can question the ..... sole judge in the matter whether or not it would discharge its statutory obligation. if this were so, then the imperative character of the provision would lose its force, and it would become merely discretionary. when a statutory right is created in favour of a tax-payer for remission or refund, such a statutory right ought to ..... universal principle has been recognized. the main point to see is whether the court below is right in holding that the suit is barred under section 164, u.p. municipalities act (act 2 of 1916). now chap. 5, and particularly section 128, show that municipal taxes are of several kinds: (1) those which are imposed on buildings or lands; .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1937All305
..... the power to remand the case for further evidence to be taken or itself take further evidence. before 1923 when the previous code of criminal procedure was in force, there was no appeal provided from an order under section 476-b, criminal p.c. the legislature apparently thought that when there is a question whether prosecution ..... that, where the subordinate court has made a complaint under section 476, it cannot, on reconsideration, withdraw the complaint already made. it is only the superior court acting under section 476-b, that can order the withdrawal of the complaint. it follows that section 476-b does not contemplate a power of remand in the appellate ..... discretion in the matter of summoning and examining witnesses at any stage of any enquiry, trial or any proceeding under the criminal p.c. where such superior court is acting as a civil court hearing an appeal, section 107, civil p.c. similarly confers power to take additional evidence. section 428, which occurs in ch. 31, criminal .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1937All502; 170Ind.Cas.743
..... in the year 1913. this case certainly did follow the case to which i have already referred and it was decided after the new code of civil procedure came into force. the learned judges did not, however, make any remark upon the addition to the provisions of law that no suit should be defeated by reason of the nonjoinder of parties ..... in this case. a similar principle emerges from the decision in chaudhri jahangira v. sarup : air1930all309 . that was a case in which under the provisions of section 194, agra tenancy act, a suit against a tenant for arrears of rent could not proceed in the absence of co-sharers other than the plaintiffs. the other co-sharers were impleaded after the ..... much of misjoinder' as upon the ground that no effective decree could be passed. another case of that class is in madho ram v. jagat singh 52 ind. cas. 18 : air 1919 all. 322 : 1 uplk (a) 7. that was a case of a preemption in which the original vendee had transferred the property by creating a trust in favour of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All153
..... liable to pay. one of the matters enacted by section 28 is thatnotwithstanding anything in any contract to the contrary, no loan taken by an agriculturist after this act comes into force shall bear interest at a rate higher than that notified by the local government under sub-section (2) as the prevailing rate of interest for the particular class ..... of loan at the time the loan was taken.7. the section has no application to the loans taken before the date on which the act came into force. section 29 of the act gives certain reliefs to agriculturists in the matter of reduction of interest if the loan is repaid within a particular period. the legislature having made ..... section 30(1) enacts as follows:notwithstanding anything in any contract to the contrary, no debtor shall be liable to pay interest on a loan taken before this act comes into force at a rate higher than that specified in schedule 3 for the period from 1st january 1930, till such ditto as may be fixed by the local government .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All321
..... i consider that a consideration of the statute law of the province of agra is the proper method of approach. in the earlier bent act (act 12 of 1881), which was the first act in force when legal decisions began to be given on this point in regard to this village in the local courts, there was no reference to ..... with the pre-existing practice whereby they were entitled to plant groves in occupancy holding without the permission of the zamindar became grove-holders under the general law in force in this province. they had their rights in those groves including the trees of the groves not merely as personal rights but also as transferable rights, and their ..... partes it operated as res judicata in the present litigation. this contention, in my judgment, is without force. the suit that culminated in the application in revision before the board was a suit for ejectment under the agra tenancy act and the decision of the board holding that the defendants of that case were not liable to ejectment no .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All369
..... transfer without restoring the benefit which he has received. in sinaya pillai v. munisami ayyan (1899) 22 mad. 289, certain guardians who had been appointed under the guardians and wards act had mortgaged property belonging to a minor in order to enable them to discharge debts binding on his estate. the necessity had been argent, the terms of the deed fair ..... mortgage bond in suit, it is void - or at least voidable - as against those defendants who were minors at the date of its execution. section 29, guardians and wards act, provides that a certified guardian shall not transfer immovable property of his ward without permission of the court; and section 30 provides that:a disposal of immovable property by a ..... that such a guardian can have for making any transfer of the ward's property is the permission of the district judge. we do not think that there is any force in this contention. there is nothing in the language of section 30 to justify any such distinction, and in section 4(2) of the .....
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