Court : Allahabad
Reported in : AIR1938All456
..... the revisional jurisdiction conferred on this court by section 115, civil p.c. the argument based on the provisions of section 167, agra tenancy act (act 2 of 1901) is without force. by that section all courts other than the revenue courts are forbidden from taking cognizance, except by way of appeal, of suits and applications ..... for sale or foreclosure passed by it or by any court whose business has been transferred to it against an agriculturist, whether before or after this act comes into force, shall be converted into a decree for payment by instalments drawn up in such terms as it thinks fit in accordance with the provisions of section ..... accordingly this court is debarred from exercising revisional jurisdiction with respect to orders passed by the courts below under section 5, agriculturists' belief act. in our judgment the preliminary objection is without force.5. the revisional jurisdiction of this court is defined and regulated by section 115, civil p.c. by that section this court .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All486
..... therefore a money lending concern in a large way. the mortgage on p. 49 with which this property was incumbered was for rs. 1950 executed by two persons, the former owners, raghubar and ram adhin. these persons sold this property to defendant 1, sheo mangal, ..... of the mortgage deed two years later in 1920. in this connexion we may refer to the provisions of section 114, evidence act, which lays down an illus. (d) that the court may presumethat a thing or state of things which has been shown ..... 1922 and therefore the appearance of surajpal singh on 25th january 1921 was within the four months allowed by section 34, registration act. the registration therefore was in no way invalid. we now come to the main points in this case which are on the ..... document in question had not been proved to have been duly attested. the objection taken was that under section 3, t.p. act, it must be shown that the attesting witnesses signed the document in the presence of the executants and it was claimed that, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All535
..... , which shall come into force on 1st october 1933.8. now, section 69 in sub-section (1) refers to a right arising from contract or conferred by the act and provides that no person can sue as a partner against the ..... impose some penalty for want of registration. the act provided a period of one year after the passing of the act during which the public could take measures for the registration of firms, and it was only after the expiry of that year that these penal provisions for unregistered firms came into force. this is provided in section 1(3) which ..... states:it shall come into force on 1st october 1932, except section 69 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All44
..... , the grantee. they seem to have fallen into arrear in the payment of the rent fixed and on 11th february 1936 the zamindar instituted proceedings under section 81, agra tenancy act, (act 3 of 1926). the amount due was stated to be rs. 436. the appellants evidently contested the claim and the application for issue of notice was therefore deemed to be ..... clients are entitled to go back upon their contract and to eject the appellants-applicants. reference may be made to the cases in bhola nath v. suraj bali (1919) 6 air all 112 and mahesh narain singh v. bisheshar lonia : air1931all534 . the board of revenue have also held that a zamindar making a grant of land and entering into a contract ..... is that of fixed rate tenants. the deed in question was executed in 1899 and the act which was in force at that time was the n.w.p. rent act (12 of 1881). a tenant at a fixed rate was defined in section 5 of that act. the land in question is situated in a permanently settled district. but a person on whom .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All29
..... 8 all 95 there was a simple mortgage with promise to pay the principal in 10 years executed on 15th march 1883 which was after the transfer of property act came into force. a suit for redemption was brought on 16th july 1884. it was held that a suit for redemption did not lie. the clause in this document was ..... that the parties clearly intended, that the mortgagor would have the right to redeem before the expiry of the term. in bakhtawar begam v. husaini khanum (1914) 1 air pc 36 their lordships, after making the observations quoted above, proceeded to consider whether in the case before them there was any stipulation entitling the mortgagor to discharge the debt ..... a mortgage transaction to enter into an agreement that the mortgagor shall be at liberty to redeem within that term. in bakhtawar begam v. husaini khanum (1914) 1 air pc 36 their lordships of the privy council observed on p. 199 of the record:ordinarily, and in the absence of a special condition entitling the mortgagor to redeem .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All242
..... consider whether the full benches of this court would have arrived at a different decision had the observations of the privy council in sabitri thakurain v. savi (1921) 8 air pc 80 been brought to their notice. in our judgment the principle which was approved in shah zadi begam v. alakh nath : air1935all620 clearly covers the point which we ..... 10, letters patent, if the order appealed against is a 'judgment' within the meaning of that section. page c.j. in dayabhai jiwandas v. murugappa chettiar (1935) 22 air rang 267 observed:what is the meaning of 'judgment' in the letters patent of the indian high court? that is a question over which controversy has raged in india for ..... of section 588 'and from no other such orders.' the change in the wording of section 104 of the act of 1908 is significant, for it runs, 'and, save as otherwise expressly provided...by any law for the time being in force, from no other orders.' section 15 of the letters patent is such a law, and what it expressly provide .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All237
..... courts and the oudh chief court have taken the view that that section is retrospective in effect except in proceedings pending on 1st april 1930, on which the amending act came into force.10. the appeal is allowed and in modification of the decrees passed by the courts below the following decree is substituted. the plaintiff's suit for the amount claimed ..... there must be a registered instrument agreeing to such subrogation. this was the view taken by a full bench of this court in hira singh v. jai singh (1987) 24 air all 588, to which i was a party. it was held in that case thatwhere a person himself redeems a mortgage, that is to say, pays the mortgage money out ..... the full bench case in hira singh v. jai singh (1987) 24 air all 588, to which reference has already been made, and it was held there that effect ought to be given to the language of the act as it stands and those sections of the transfer of property act which are not dealt with in the sections enumerated in section 63 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All331
..... umatara gupta (1889) 16 cal 465 the learned judges relied on the fact that in the code of 1882, which was in force when that decision was given the chapter relating to matters in execution formed a portion of part 1 of the code which was entitled ..... calcutta high court. the calcutta view was followed by the patna high court in amrit lal v. murli dhar (1922) 9 air pat 188, on the ground that the patna high court should follow the calcutta rulings unless it was satisfied that those rulings were ..... 37 cal 574 as supporting its view. this calcutta ruling however deals with the interpretation of section 31(b), presidency small cause courts act, and it does not deal with the interpretation of section 39, civil p.c. moreover, the decree in question was one exceeding ..... 17 mad 309, syed ghulam ghouse v. sunni lal (1910) 5 ic 155 and abdulla sahib v. ahmed hussain sahib (1914) 1 air mad 206. on the other hand it has been held in gokul kristo chunder v. aukhil chunder chatterjee (1889) 16 cal 457, that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All263
..... respect to section 27 has, as i have already said, been omitted and i must assume that it has been intentionally omitted. in this act, that is, the act now in force there are two references to the evidence act. in section 162 it is provided (1) that the statement of a witness taken and reduced to writing under this section may be ..... narayana swami v. emperor prevents us from following the decisions and precedents of this court.14. the last case which i shall mention is in re subbiah tevar (1939) 26 air mad 856. at p. 951 we find the following observation:this section (i.e. section 162, criminal p.c.) is clearly wide enough to include statements made to a ..... opinion that section 27 is not affected by section 162, criminal p.c., but section 162(criminal p.c.) is affected by section 27, evidence act.12. in syamo maha patro v. emperor (1932) 19 air mad 391 the question before the court was whether the expression 'statement made by any person' in section 162, criminal p.c., includes a statement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All433
..... have been made in the previous suit.23. the above observations were with reference to rule 2 of order 2, civil p.c., but they apply with equal force to the plea of res judicata. the plaintiffs in the present suit acquired right of possession upon the death of the surviving widow in 1931. no suit for ..... should be accepted as evidence embodying a correct statement of facts. their lordships of the judicial committee in nand lal dhur biswas v. jagat kishore (1916) 3 air pc 110 observed:under ordinary circumstances and apart from statute, recitals in deeds can only be evidence as between the parties to the conveyance and those who claim ..... large income; that the widows were under the influence of hannu prasad by reason of relationship; that hannu prasad took advantage of the helplessness of the widows and acted as their sarbarahkar; that the deed of conditional sale of 1890 was executed without consideration and lawful necessity; that the ladies were inexperienced, illiterate and pardanashin and .....
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