Court : Allahabad
Reported in : (1902)ILR24All195
..... the deed of dhanraj, and that the statement was not actually made by dhanraj himself, but by the plaintiff's natural father baldeo, who, it is said, acted for some time as dhanraj's agent. we entirely agree with the subordinate judge that the defendant has failed to substantiate this allegation. we see no reason whatever to ..... applicability was authoritatively decided. it must be remembered hat the period of limitation for a suit relating to adoption was twelve. years under article 129, schedule ii of act no. ix of 1871. had the legislature intended to cut down the ordinary period of twelve years' limitation fixed for suits for possession of immovable property to a ..... of dhanraj, could not be legally adopted by him. she further contends that the claim is barred by limitation under article 119 of schedule ii of the limitation act. the learned subordinate judge has decreed the claim, finding in favour of plaintiff upon all the questions raised in the suit. the parties are bohra brahmins, and .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All369
..... debtors bad no interest therein. consequently no further sales were held under the mortgage decree. the decree-holder then applied under section 90 of the transfer of property act for a decree that the balance of the debt might be recovered from the defendants otherwise than out of the mortgaged property. this application was met by objections that ..... be no doubt that if a mortgagee chooses to abandon all claim against the mortgaged property, he is entitled, independently altogether of section 90 of the transfer of property act, to a personal decree, it seems only reasonable that, on bringing a mortgage suit, the plaintiff before or after a decree for sale, should be allowed to abandon ..... chooses to do so. the cases which i have cited seem to me to establish that on the true construction of the provisions of the transfer of property act a mortgagee is entitled at any stage to abandon his claim against any portion of the mortgaged property and then obtain a decree under section 90 for any .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All652
..... that the word 'ryot,' which occurs therein, and which has been translated 'tenant' does not necessarily mean a tenant as understood in the land revenue and tenancy acts. the obvious answer to this argument is that the word as ordinarily used and ordinarily understood in these provinces does mean an agricultural tenant: it is in our ..... had originally got possession of the land as licensees from the plaintiff's predecessors, the plaintiff as transferee from them was not, under section 59 of the easements act, bound by such license, and finally that the evidence relied on by the plaintiff as constituting a denial of her title, did expressly and specifically challenge her rights ..... by the court below that the defendants had erected buildings at a cost of four thousand rupees, plaintiff could not, under the provisions of section 60 of the easements act, sue for ejectment. it was further argued that the defendant, budh singh, was now by our judgment in first appeal no. 222 of 1904. (supra p. .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All749
..... the mistake of the court. the munsarim of azamgarh must know that a large number of villages in that judgeship are permanently settled and should have been on his guard. one question to the plaintiffs would have discovered the defect. 45. the case of dilawar husain v. bhagwat das weekly notes, 1907, p. 68 is the ..... section 392 a commission to make a local investigation may be issued if the investigation 'cannot be conveniently conducted by the judge in person.' further, as the learned acting chief justice has pointed out, the power of delegation of authority necessary implies existence in the court of the authority which it delegates. it is clear, therefore, that ..... question has led to an immense amount of unnecessary litigation, which, we hope, will end with our decision in this case. i entirely agree with the learned acting chief justice in holding that in all cases in which after the plaint has been presented and admitted within limitation and the court afterwards finds that the annual .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All181
..... were some jains, whose temple was close by. the magistrate had found the accused guilty of committing a public nuisance, on the ground that he had done an act by which several person who were jains were much annoyed, they having a great repugnance to the taking of life under any circumstances. the conviction was set aside by ..... endeavour to find the existence of some principle or rule of law justifying a ruling that the wishes or susceptibilities of individuals can be allowed to override such rights. acts calculated to offend the sentiments of a class do not necessarily amount to a public nuisance. lex non favet votis delicatorum. the law makes no allowance for the ..... case that there was no custom of slaughtering or sacrificing cows in their village, and that the plaintiffs were not competent to do anywhere in the village any act which might be injurious or annoying to the defendants or repugnant to their religious feelings. they also denied that a suit of the kind was cognizable in the .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All282
..... , i fail to see why they could not be regarded as licensees. the grant of a license may be express or implied from the conduct of the grantor (section 54, act v of 1882), and if there was an implied grant by the owner of a right to do something on his property which would, in the absence of such right .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)ILR30All352
..... remainder. ' (goodeve, real property, p. 239, 2nd edn.).' the joint tenants are as regards third persons considered to be one single owner ' (shephard and browne on the transfer of property act, p. 145, 6th edn.) this unity of juristic existence finds its place in the law of the joint hindu family, as appears from the following passages: 'this old law laid ..... sale.7. the learned subordinate judge framed the following issues:1. is the plaintiffs' suit barred by limitation?2. is the suit barred by section 115 of the indian evidence act?3. was the estate of khemanand alone liable for the sum of rs. 21,815-6-6 paid by musammat mulo kunwar through jiwan sahai for the discharge of nur .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All479
..... , a right of appeal from the order, and the period of limitation for such an appeal is ninety days under article 156 of the second schedule to the indian limitation act. unless, therefore, the law has imposed a restriction on this right, an appeal is maintainable if it is filed within the prescribed period of limitation. we are not aware of .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All549
..... the plaintiff was estopped from setting up the alleged invalidity of the plaintiff's adoption. the plaintiff represented that she had authority to adopt, and this representation was acted on by the defendant. the ceremony of adoption was carried out on the faith of this representation. the marriage of the defendant was likewise on the strength of ..... ceremonies required by the hindu law cannot now disaffirm it and sue for a declaration that it is invalid. indeed when the adoption has once been absolutely made and acted on for years it cannot be cancelled. it is certain that an adopted child cannot renounce the family of his adoptive father. he is entirely separated from his ..... is that it would be most inequitable and unjust to him that if another by a representation made or by conduct amounting to a representation has induced him to act as he would not otherwise have done, the person who made the representation should be allowed to deny or repudiate the effect of his former statement to the .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All560
..... a compromise in respect of the gorakhpur property, and in consequence of this the learned district judge, reversing the decision of the subordinate judge, held that the subordinate judge had acted without jurisdiction in deciding the question between the parties in regard to the property situate in oudh on the ground that it was an undeniable misjoinder of causes of action ..... to me that once jurisdiction is vested in a court, in the absence of a provision of law to the contrary, that jurisdiction will not be taken away by any act of the parties. there is no allegation here that the plaint was filed in the bareilly court with any intention to defeat the provisions of the code of civil procedure .....
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