Court : Allahabad
Reported in : AIR1926All369
..... the possibility of taking precautions against violence of any degree. it might welt be said that at least at a large goods station the railway company should have sufficient force to insure protection against a small band of dacoit. this would not be reasonable on a running train and there is no inconsistency in providing that wilful neglect shall ..... used is inconsistent with the view pressed upon us on behalf of the plaintiff. my view is that the word 'robbery' covers all acts of theft committed by trespassers upon premises which they have entered by force and certainly covers what must have happened in this case.32. i desire to make one observation about which i take a strong ..... based on the fact that the terms of the risk note have been drafted by the government of india. this argument; might have some force but for the specific language of section 72 of the railways act. there it is provided that the risk note must be in a form approved by the governor-general in council. surely there is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All623; 97Ind.Cas.108
..... court of justice results from the first principles of judicial establishments and must be an inseparable attendant upon every superior tribunal. 'laws, without a competent authority to secure their administration from disobedience and contempt, would be vain and nugatory.' the passages i have quoted are in direct relation, not only to the superior court's ..... which the power to punish for contempt of inferior civil courts has bean expressly conferred on the high court. the new contempt of courts act, although passed did not come into force till the 1st of may 1928, long after the publication of the pamphlet. it must also be conceded that such power is not expressly ..... is a wide difference between, on the one hand, such criticisms, even criticisms which although bona fide might by their extravagance, or their ambiguity, encroach upon the border line of what is recognized as legitimate and on the other hand gross and unfounded libels upon the court. in these matters it is usually, the case that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All137
..... in thumbuswami moodely v. hossain rowthen [1876] 1 mad. 1 their lordships of the privy council pointed-out that the contract of mortgage by conditional sale was a form of security known throughout india and by the ancient law of india, which must be taken to prevail in every part of india where it had not bean modified by actual legislation ..... treated as interest. the rent deed provided that the repairs of the house shall be carried out by the lessees during the period of their tenancy and, if the rent secured by the lease was not paid half yearly, the lessor shall be entitled to eject the lessees from the said property. there was a further covenant that if by ..... order passed, but not with the test invoked by any learned brother for determining whether a deed or series of deeds executed subsequent to the transfer of property act (4 of 1882) coming into force, are to be construed as effecting an out and out sale. there are three deeds of even date, one has been construed by the lower court as .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All617; 97Ind.Cas.455
..... of 1924 for the opinion of this court under order 46.8. the plaintiff sued on the basis of a simple mortgage deed executed after the bundelkhand land alienation act came into force. his right to a simple money decree was barred by limitation.9. the subordinate judge found that the mortgage was enforceable and that ordinarily the plaintiff would be entitled ..... order. by reason of the prohibition against the sale under section 16, which, as my brother daniels, j., pointed out during the argument, applies equally to simple money decrees, the security cannot be sold.4. further it appears that in this case the claim for a simple money debt is barred by statute. we have nothing whatever to do with that ..... case no. 634 of 1925 decided on 26th november 1925. the decree holder still had in fact left to him his right to a simple money decree, justice was secured for him and there was no serious hardship. it would seem that as there wa3 in that case a means ready to hand for the plaintiff-mortgagee to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All92
..... part performance may operate, and the agreement, so far as it can be ascertained by the evidence on the record, may be declared by a court and put into force, irrespective of any document declaring it. these cases of part performance have nothing to do with the case like the present. in the present case it is not ..... of names be effected in a particular manner, does not require registration. as a petition it was properly stamped in the manner required by the court fees act and the compromise is, therefore, valid and binding on the parties thereto.8. it is argued on behalf of the defendants-appellants that raja ram panda had been ..... of the other.7. a document merely acknowledging antecedent rights, till then in dispute, is not a document which falls within the purview of section 17 of the registration act, and as laid down in bakhtawar singh v. sundar lal : air1926all173 , a petition stating the manner in which the parties had composed their differences and asking that mutation .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All545; 97Ind.Cas.514
..... except where the transfer has been made in order to discharge an obligation not only antecedently incurred, but incurred wholly apart from the ownership of the joint estate of the security afforded or supposed to be available by such joint estate.10. these passages were the basis of the decision in chet ram v. ram singh a.i.r. 1922 pc ..... three of the plaintiffs were born and by birth acquired an interest in the family property. before the period allowed by section 31 of the limitation act of 1908 expired, the fathers of the plaintiffs acting for themselves and as guardians of their minor sons, jointly with the uncle and the grandfather of the plaintiff no. 3, executed a fresh mortgage-deed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All150; 118Ind.Cas.577
..... polling station in the district of budaun. one thakur chandan singh was his rival candidate. 232 votes were polled at the said election out of which badan singh secured 141 and chandan singh 91 votes, and as such badan singh was declared elected by a majority of 50 votes. chandan singh filed an election petition in the court ..... on 9th december 1925, and that behari himself voted at the polling station and contested the election petition inter alia on the following grounds:that the practice in force at the khandowa polling station with regard to the identification of voters was that after the names and numbers of the voters were filled on slips prescribed therefor, ..... consideration of all the circumstances i must hold that this was an insufficient punishment. the offence of personation at elections is a most serious one. it is an act done with deliberate intent to profit at the expense of an opponent. it is difficult of detection and when, as in this case, four courts have been completely .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All447; 114Ind.Cas.743
..... business had been carried on by the father for the benefit of the family. i might add that the question whether money borrowed by the father on the security of the family property for the purpose of carrying on an existing family business, even though not ancestral, by which the family is benefiting is for necessity ..... the case under the mitakshara law. the members of a dayabhaga family are groups of persons associated together whose agreements inter se are regulated by the contract act. under that act a minor cannot consent to become a full partner of a new business, as the relations of the parties rest on contractual arrangement which cannot exist in ..... the case of a minor. when their lordships, after discussing the provisions of the indian contract act, remarked on p. 570 that it made no difference that the business was conducted by the members of a family governed by the dayabhaga their lordships presumably meant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All459; 110Ind.Cas.665
..... aimed at was that the family of the father of the three ladies should not be enriched at the expense of the testator and this consummation was amply secured by placing restrictions within the narrow limits indicated above.24. if the construction contended for by respondent be accepted to its fullest extent and with all its implications ..... a relief for the avoidance of the deed of adoption was therefore neither necessary nor obligatory. it was merely ancillary to the main relief claimed. there is no force in the plea of limitation, which is accordingly rejected.28. it is next pleaded that the plaintiff is estopped from challenging the adoption of dharam prakash.29. section ..... was drawn up.44. it is clear from the evidence that a representation was made by kalwati, that the said representation was believed by chandrawati and that acting upon that belief she gave her son in adoption to the plaintiff.45. an alteration of the position is inevitable from an adoption. the adopted son renounces .....
Tag this Judgment!Court : Allahabad
Reported in : 119Ind.Cas.837
..... lacs represented its good-will and shares of that value were held by boulton brothers and the remaining 2 lacs was held by the alliance bank of simla as security and does not seem to represent any real value, (see treeby, pages 15-16 book hand d'souza, pages 26-27). the plaintiff's own witnesses treeby ..... that the defendant company be restrained from interfering with the discharge of their duties as managing agents. we think the proviso to section 42 of the specific relief act is applicable to the case and no declaration can be granted to the plaintiff company assuming the irregularities in question make the resolutions in question ultra vires.42 ..... receipt of moneys and to take part in the management, supervision or control of the business or operations of any other company, association, firm or person and to act as the managing agents, agents, secretaries or other officers of any such company, association, firm or person, and in connection therewith to appoint and remunerate any directors, .....
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