Court : Allahabad
Reported in : 6Ind.Cas.705
..... fraud of the plaintiff. it has been held that a mortgagor is not competent to relinquish his holding so as to impair the security given by him to the mortgagee and in fact to destroy it. this was held on the principle that no one shall derogate ..... a matter of fact had been produced before him daring the hearing of the appeal. there is, therefore, no force in the contention that the court acted on evidence which was not on record and which was not before it. it is next urged that the learned ..... a part of it and that, therefore, having regard to section 42 of the specific relief act; he cannot sue for a declaratory decree only. this contention is without force inasmuch as according to the finding of the court below all mortgagees must be deemed to be ..... on behalf of the appellants is that this suit offends against the provisions of the second paragraph of section 32 of the agra tenancy act. i am unable to hold that this is so. the plaintiff does not ask for the division of the holding or of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All276; 35Ind.Cas.173
..... the ground: (1.) because there is no finding by the court below that each of the persons ordered to furnish security is likely to commit a breach of the peace or disturb public tranquillity or is likely to do some wrongful act which may occasion such a disturbance, and the order complained of is, therefore, bad in law. (2) because the ..... applicants has done the very best he could under the circumstances and has put forward every point likely to tell in favour of his clients, but while throwing his whole force into pleas such as nos. 2, 3, 4, 5 and 6 of, the application i did not, in the arguments, notice equal energy bestowed on his part in confronting ..... of both hindus and muhammadans who appear to be people of standing in deoha. the evidence shews that v up to recent time public tranquillity in deoha was on a secure footing. neither the hindus set themselves against the muhammadans nor the muhammadans set themselves against the hindus. it is only in recent time that a state of tension has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All197(2); 34Ind.Cas.315
..... one point to be considered before the conviction can be affirmed. the learned sessions judge has assumed that the documents in question, as they stand, are 'valuable securities' within the meaning of the definition contained in section 30, indian penal code, and falling within the scope of section 457 of the same code. a very ingenious ..... something has also been said in argument before me as to the absence of fraudulent or dishonest intention on the part of the accused. there is no force in this plea. the possession of these documents coupled with the circumstantial evidence as to the relations existing between jawahir and bindhayachal and considered along with the ..... possible question as to the provisions of section 20 of the negotiable instruments act, xxvi of 1881, operating in respect of these documents. even if it had to be conceded that the documents as they stood did not purport to be valuable securities, they would beyond all question purport to be documents giving authority to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All131; (1921)ILR43All677
..... equity of redemption, a mortgagee who has substituted mortgagee rights may not, give the go-by to the mortgage and the rights given by the mortgage against the security, and obtain a simple money decree and then endeavour to sell under the decree the property originally mortgaged, and by becoming purchaser, acquire the proprietorship unencumbered by ..... all. 566, where my brothers tudball and sulaiman after examining into the facts of the case, held that the bar did not apply because the mortgagee seeing the force of the mortgagor's contention that the mortgage was not enforceable, had to abandon his claim under the mortgage. the vital words of rule 14 are these: 'in ..... stated, the circumstances of this case are that the mortgage was granted for sir land and also certain zamindari. in breach of the provisions of the agra tenancy act the mortgagee carried out the usufruct, so far as the air land is concerned, by leaving the proprietor or mortgagor in possession under a rent agreement in which .....
Tag this Judgment!Court : Allahabad
Reported in : 63Ind.Cas.445
..... equity of redemption, a mortgagee who has substituted mortgagee rights may not give the go-by to the mortgage and the rights given by the mortgage against the security, and obtain a simple money-decree and then endeavour to sell under the decree the property originally mortgaged, and by becoming purchaser acquire the proprietorship unencumbered by the ..... j. 677, where my brothers tudball and sulaiman, after examining into the facts of the case, held that the bar did not apply because the mortgagee, seeing the force of the mortgagors' contention that the mortgage was not enforceable, had to abandon his claim under the mortgage. the vital words of rule 14 are these: 'in ..... stated, the circumstances of this case are that the mortgage was granted for sir land and also certain zamindari. in breach of the provisions of the agra tenancy act the mortgagee carried out the usufruct, so far as the sir land is concerned, by leaving the proprietor or mortgagor in possession under a rent agreement in which .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All519
..... who, estimated, according to the 5 per cent, table, the present value of the instalments which each mortgagor had to pay, the auditors neither checked the valuation of the securities nor the actuarial estimate of the mortgagors' repayments, and yet the directors, who were forbidden by their articles to pay any dividends, except out of realized profits, paid every ..... was in that case excused, has any relation to the conduct of these directors. finally mr. peary lal banerji pressed upon us as being binding upon us with the force of a statute the dictum contained on pages 109 and 110 of the opinion of their lordships of the privy council in the case of prefontine v. granier (1907) a ..... have, by proper steps taken on the part of the directors of the bank, given as a good security to the bank, can be identified so as to be described as a direct loss resulting to the company due to any specific act, or omission of which any particular director or directors can be said to have been guilty. we are .....
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 : AIR1928All99; 108Ind.Cas.149
..... simultaneously with rs. 500 for which the holdings were usufructuarily mortgaged, does not and cannot amount to a clog on the equity of redemption. no collateral advantage is secured to the mortgagee independent of the mortgage contract, and there is nothing in the mortgage bond which would, in the words of lord hardwicke, in mellor v. ..... document in dispute. the document was drafted by an ignorant and unskilled patwari whoso knowledge of grammar is elementary and whose education in the matter of drafting documents borders upon the freezing point. document like this should not, therefore, be construed with such meticulous severity as though it was drafted by a skilled conveyancing lawyer of ..... submitted that the law of limitation does not prescribe any period which is to operate as a statutory bar to a defence. the articles of the limitation act apply to suits and applications and not to pleas by way of defence. a defendant may always, by way of equitable defence, set up his mortgage-deed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All199
..... , the amount due as principal on them according to the bonds. nattha ram would have to spend money in suing on them. it is conceivable that although they were secured, the security might in some cases be inadequate. it was open to the appellant to produce in court the mortgage bonds in order to show the interest due. he did not think ..... , j.5. i concur in the conclusion arrived at by my learned brother. the contention that there was no legal necessity for the transfer is, in my opinion, without any force. relations of strangers with joint hindu families, when they enter into transactions of partnership, are not governed strictly by the hindu law but by the contract ..... act. if a manager of a joint hindu family has power on behalf of the family to enter into partnership with strangers, he has equally powers to dissolve such partnership. it .....
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 .....
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