Court : Allahabad
Reported in : (1902)ILR24All319
..... signature by the clerk who had full authority from the appellant was sufficient.15. the case of in re whitley partners, limited, was one under the companies act, 1862. section 11 of that act provides that 'the memorandum of association shall be signed by each subscriber in the presence of, and attested by, one witness at least.' it was contended in ..... ) 20 w.r. 375 in which last-mentioned case it was held by their lordships of the privy council that the acknowledgment referred to in the limitation act, act no. xiv of 1859, section i (clause 15) must bear the signature of the mortgagee himself, and that the signature of an agent would not be sufficient. in that case their lordships ..... which they held to be applicable to the case before them. in the case of budoobhoosun bose v. enaet moonshee (1867) 8 w.r. 1 the effect of section 4 of act no. xiv of 1895 had to be considered. peacock, c.j. and hobhouse, j., concurred in the view that it would be legislating, not interpreting, to extend .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All685
..... pointed out, a legislature which had taken care to provide against the prosecution of a witness making a statement under compulsion, as is shown in act no. ii of 1855, section 32, and act no. i of 1872, section 132, was not likely to overlook a maxim so well known and of such importance regarding statements made not under compulsion. it seems to me ..... made by witnesses in the witness box the privilege of freedom from being made the subject of a civil or criminal trial, they could and would surely have amplified section 132 of act no. i of 1872. can it be possible that prudent men who thought of this privilege should have lost sight of the privilege now under consideration? it seems ..... extended to a man who is called before a court of inquiry of this kind for the purpose of testifying therein in a matter of military discipline connected with the army.'5. lord penzance says: 'i also agree in the view which has been stated, but i wish to say one word on the supposed hardship of the law which .....
Tag this Judgment!Court : Allahabad
Reported in : 1Ind.Cas.885
..... we need not in this case consider and that we ought not to consider the interpretation to be placed upon clause (3), section 201, of act no. ii of 1901. i refer to the decree passed by the munsif of hathras on the 8th of october 1901, ..... thought that the decision of the questions raised in the appeal turned upon the interpretation to be put upon clause (3), section 201, of the local act no. ii of 1901, and as that clause had been differently interpreted by learned judges in this court in dil kunwar v ..... urged that as the appellant is a recorded co-sharer of half of 3 biswa, share, she is under section 201, clause (3) of the tenancy act of 1901, entitled to a decree for the full amount claimed by her, that the court below could not go ..... recommended to the sub-divisional officer that musammat gobindi's name should be entered as prayed for by her. the assistant collector acting upon this report on the 18th of november 1902, passed an order to the effect that musammat gobindi's name be entered in .....
Tag this Judgment!Court : Allahabad
Reported in : 9Ind.Cas.1023
..... deductions authorised by it or by any royal warrant for the time being. this section was amended in 1895. by the army (annual) act 1895, section 4, to section 136 of the army act were added the words or by any law passed by the governor-general of india in council.' the ..... a decree for the realization of such future and unascertained sums against any of the defendants.12. there remains the second objection. the army act 1881 (statute 44 and 45 vict. ch. 58 in section 135 enacted that the pay of an officer of her majesty's regular forces shall be paid without any deduction other than the ..... 14. instalments so directed would be authorized deductions in the sense of the words used in section 136 and to order such instalments would be within the jurisdiction of the subordinate judge. but in 1895, the army (annual) act 1895 repealed section 151 of the army act (44 and 45 vict. c. 58) and to direct in india any deduction from .....
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All631
..... in the property. the mortgage in the present suit is a mortgage of the same property.4. the two deeds, therefore, do cover the same property and section 50 of the act does apply.5. there can be no question that if the original mortgagors had executed the two deeds now in conflict, the sale-deed being registered would ..... kishan's heir transferred to ishri prasad; and as the latter only purchased equity of redemption, the two deeds do not cover the same property and, therefore, section 50 of the act does not apply. reliance was placed on the decision in sobhagchand gulabchand v. bhai-chand (1882) i.l.r. 6 bom 193. the error in the ..... pre-existing unregistered mortgage. the prior mortgagee brought the present suit for sale out of which this appeal has arisen.2. in defence, ishri prasad pleaded section 50 of the registration act and urged that his registered sale-deed took effect as regards the property comprised therein against the unregistered mortgage-deed of the plaintiff w related o the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All496; 24Ind.Cas.997
..... case of hindus as modified by statute : whereas under section 37, act xii of 1887, the civil courts act in force in these provinces, the rule of decision is, primarily, the hindu law in the case of hindus. therefore in these provinces, he who ..... the increase and it was not uncommon to find daughters in possession of their fathers' estate. it is as well to point out here that under section 5, act iv of 1872 '(the punjab laws act), in questions relating to succession, the rule of decision is, primarily, any custom relating to the parties concerned, secondly, hindu law, in the ..... are and always have been held to be hindus (as the lower court has expressed it) for all practical purposes and especially for the purposes of section 37(1) of the civil courts act (xii of 1837) in force ' in these provinces. hindu law has always been applied to them except where any special customs) have been alleged .....
Tag this Judgment!Court : Allahabad
Reported in : 39Ind.Cas.92
..... wording of clause (6) of sub-section (2) section 60 of the code of civil procedure (act v of 1908). that sub-section has been repealed by the repealing and amending act x of 1914. on this ground as well as because we agree generally with the line of reasoning followed, ..... somewhat different issue now before us; but it is quite certain that the decision itself is no authority on the subject of the salary of an officer of the indian army. moreover, it is to be observed that whatever difficulty has been felt by any of the learned judges with regard to the question now before us turned upon the ..... we do not think it necessary to keep the reference pending on that account. the question raised is whether one moiety of the pay of an officer of the indian army, while serving in this country, is attachable in execution of a decree under the code of civil procedure. it is suggested in the order of reference that there has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1917All315(2); (1917)ILR39All308
..... the wording of clause (b) of sub-section (2) of section 60 of the code of civil procedure (act v of 1908). thai, sub-section has been repealed by the repealing and amending act no. x of 1914. on this ground, as well as because we agree generally with the line of reasoning ..... somewhat different issue now before us; but it is quite certain that the decision itself is no authority on the subject of the salary of an officer of the indian army. moreover, it is to be observed that, what ever difficulty has been felt by any of the learned judges with. regard to the question now before us turned upon ..... , we do not think it necessary to keep the reference pending on that account. the question raised is whether one moiety of the pay of an officer of the indian army, while serving in this country, is attachable in execution of a decree under the code of civil procedure. it is suggested in the order of reference that there has been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All194; 60Ind.Cas.842
..... below have differed on the question whether a certain notice served by the plaintiff on the defendant was valid to terminate the tenancy under the provisions of section 106 of the transfer of property act, iv of 1882. the first court held that it was not and that, consequently, the plaintiff was not entitled to a decree for ejectment, or to any ..... looked at is this. we may ask whether the notice actually issued by the plaintiff to the defendant would or would not have bound the plaintiff if the defendant had acted upon its terms. in the present case that question admits of no answer but one. if the defendant had complied with the notice and vacated the premises on the 30th .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All330
..... below have differed on the question whether a certain notice served by the plaintiff on the defendant was valid to terminate the tenancy, under the provisions of section 106 of the transfer of property act, no. iv of 1882. the first court held that it was not, and that consequently the plaintiff was not entitled to a decree for ejectment, or to ..... looked at is this. we may ask whether the notice actually issued by the plaintiff to the defendant would or would not have bound the plaintiff if the defendant had acted upon its terms. in the present case that question admits of no answer but one. if the defendant had complied with the notice and vacated the premises on the 30th .....
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