Court : Allahabad
Reported in : (1902)ILR24All44
..... hutchins, j. the same view was taken. turner, c.j., had been a party to the full bench decision of this court in 1871, and in this judgment it is pointed out that in the full bench case the original suit was not, strictly speaking, a suit for ..... 1889) i.l.r. 11 all. 386 and in the case in i.l.r. 19 allahabad, to the full bench decision of 1871. but neither of these judgments adverts to the peculiar circumstance noticed above, namely, that in the full bench case the decree in the first ..... already been redeemed. this was the case in sheikh golam hoosein v. musumat alla rukhee beebee n.w.p. h.c. rep. 1871 p. 62. but where a conditional decree has been pissed thetfight to redeem is not extinguished until the result of the failure to perform ..... act, put a stop to any further litigation under the mortgage.19. the learned judges who decided the case of david hay v. razi-ud-din rely on the full bench decision of this court in sheikh golam hoosein v. musumat alla rukhee beebee n.w.p. h.c. rep. 1871 .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All230
..... on the one hand, that jurisdiction to hear a 'munsif's case' is given to a subordinate judge by the terms of section 19 of the bengal civil courts act (vi of 1871); that jurisdiction can be ousted only by express provision of law, which in this case does not exist; that in the analogous case of mufassal small cause court ..... that it is impossible, after comparing the two statutes, which are in pari materia, to arrive at any such conclusion. my own view is that section 19 of act vi of 1871 refers to the civil procedure code merely as a matter of convenience. section 15 of the civil procedure code is a rule of procedure, not of jurisdiction; and whilst it lays down that ..... on this ground it is contended by the learned pleader for the appellant that sections 15 and 25 of the code must be considered as part and parcel of act vi of 1871, and therefore form a rule of jurisdiction, and that the effect is to limit the jurisdiction of the subordinate judge to suits of which the subject-matter exceeds .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All443; 163Ind.Cas.650
..... of the custom set up by him and that evidence it is our duty to consider.14. now the bengal, north-western provinces, and assam civil courts act of 1871 is called: ' an act to consolidate and amend the law relating to civil courts'. and the preamble states:whereas it is expedient to consolidate and amend the law relating to civil ..... fails to establish his privilege to the application of that law he must be relegated to that class of person whose cases have to be decided under section 24, act 6 of 1871. in that case the finding of the court below was that 'the parties have failed to prove that they are either true muslims or hindus.' the bench ..... , by the laws and usages of the defendant.' in this usages also came in. in the bengal civil courts act (6 of 1871) section 24 also provided:where in any suit or proceedings it is necessary for any court under this act to decide any question regarding, succession, inheritance marriage or caste or any religious usage or institution, the mahomedan law .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All681
..... res judicata; but as regards the muafi the suit of the plaintiff was not barred by res judicata because a certificate was required from the collector under the pensions act (act 23 of 1871), and that certificate not having been granted, the decree in suit 18 of 1914 was void.3. in first appeal in this court the following points were argued. firstly ..... our opinion the civil courts in 1914 and 1916 had no jurisdiction to try the suits in question, because their cognizance was expressly barred by sections 4 and 6, act 23 of 1871. accordingly, as those courts were without jurisdiction, their decrees are invalid altogether, so so far as the assigned revenue in mauza rohta is concerned, and those decrees cannot be .....
Tag this Judgment!Court : Allahabad
Reported in : (1875)ILR1All642
order1. it having been ruled by the privy council. (see lachmee buksh roy v. runjeet roy panday 13 b.l.r. 177) that signature by an agent is not sufficient to satisfy the analogous terms of act xiv of 1859, we must hold that the acknowledgment in this case is insufficient. of course we are now considering the acknowledgment required under act ix of 1871 and not under the present law, of which the terms are more equitable.2. the lower appellate court must determine whether this suit has been instituted within 60 years from the date on which the mortgage was made. it will try this issue and remit its finding to this court, when ten days will he allowed for objections.
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All305
..... and carefully explained how the words therein cannot be said to offend against the provisions of section 25, paper currency act (10 of 1923) which replaced previous similar acts which dated back from 1871 down. what section 25, paper currency act, prohibits is this:no person in british india shall draw, accept make or issue any bill of exchange, hundi, ..... thereof without endorsement to the payment of any sum of money on demand... shall be deemed to be notes within the meaning of the english bank charter act. the indian paper currency act has not been so explained, but the same interpretation should be given to its words. the real test, therefore, is whether the promissory note in ..... the words 'payable to bearer' had not existed, a note payable to a person or his order would not have offended against the provisions of the indian paper currency act. the judgment of farran, j., in jetha parkha v. ram chandra vithoba [1892] 16 bom. 689 is a valuable contribution to the law on the subject. here .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All104
..... the agreement is in respect of the immovable property and its profits. the entire immovable property is situate in the districts of aligarh and etah. the sub-registrar of dehra dun had no right to register such an agreement or deed of gift. the agreement is altogether ineffectual, (b) neither the plaintiff nor his father had any right by ..... could not execute any agreement or deed of gift on the basis of this hope. the agreement aforesaid was executed contrary to the provisions of section 6, t.p. act. it is quite ineffectual, (d) the plaintiff neither executed the agreement of his own will nor got it registered. the father of the plaintiff got the agreement executed ..... question that has to be considered is whether the contention, that the deed of annuity is invalid in view of the provisions laid down in section 6, t.p. act, is correct. the learned judge below has applied clause (a) of the section. learned counsel for the plaintiff-respondent has also stated before us that his 'sheet anchor .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All70; (1993)1UPLBEC33
..... . likewise set backs from a street or between buildings cannot be breached. all these are illegalities in urbanisation which are incurable.10. thus, the municipal board, dehra dun, (now the nagarmahapalika) will be within its rights, if incurable illegalities exist to require the petitioner to remove, or else remove the unauthorised constructions.11. the ..... various legal pleas justifying the construction he had made. the municipal board retained its decision.5. the petitioner filed two appeals before the chief judicial magistrate, dehra dun being appeal nos. 11 and 20 of 1972. one appeal was against the notice requiring the petitioner to demolish the raised constructions and the other appeal ..... of the trial court and the appellate court have been appended to the record of the writ petition.4. the municipal board, dehra dunserved notices under s. 186 of the u.p. municipalities act, 2 of 1916 on the petitioner. the notice is dated november 19, 1971 (annexure 3 to the writ petition). the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All846
..... 'bijaks' and that they handed over a cheque at dehra dun in payment of the price, which also implied a representation that they had money in the allahabad bank, dehra dun, from which it could be drawn by the complainant's firm. acting on these representations, the complainant instructed the firm at muzaffarnagar ..... to make the purchase. it is contended that the complainant would not have phoned to his partner to make the purchases if the accused had not made misrepresentations already referred to. in this view it is said, the offence of cheating, as defined in section 415 was completed at dehra dun ..... his misrepresentation purchase would not have been made at muzaffarnagar. in this view, the consequences resulting from the deception practised by the accused at dehra dun ensued at muzaffarnagar. in my opinion, section 179, criminal p.c., is clearly applicable to the case and the ruling to which reference has .....
Tag this Judgment!Court : Allahabad
Reported in : [1963]50ITR156(All)
..... and the proceedings thereunder. it was again pointed out in paragraph 5 of annexure 's' to the, collector, dehra dun, that the proceedings were clearly barred by time provided by section 46(7) of the act and as such the proceedings were clearly without the authority of law. in these circumstances the present writ petition came ..... facie would be barred by the limitation prescribed in section 46(7) of the act. the subsequent transfer of the proceedings on august 25, 1958, to the income-tax officer, dehra dun, and the recovery certificate issued on august 25, 1958, to the collector, dehra dun, would, in any case, have been hopelessly beyond the period of limitation.mr ..... letter, annexure 'm', dated the 20th september, 1961, to the income-tax officer, dehra dun, it was pointed out, 'according to the provisions of section 46(7) of the act no proceedings for recovery could be issued after 31st march, 1956.' the collector, dehra dun, in a letter of the same date, that is, 20th september, 1961, was .....
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