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 : 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 : 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 : (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 : (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 : 1Ind.Cas.220
aikman, j.1. this is an application for the revision of an order of the district magistrate of dehra dun, directing the prosecution of the applicant for offences under sections 193, 465 and 471 of the indian penal code. the offences are alleged to have been committed by the applicant as plaintiff in a suit for profits brought under the provisions of the tenancy act in the court of an assistant collector of the first class. in my opinion the order of the district magistrate was entirely without jurisdiction and cannot be justified either under section 195 or 476 of the code of criminal procedure. i quash the order of the district magistrate dated the 2nd of november 1908. any proceeding instituted against the applicant under that order must be dropped.
Tag this Judgment!Court : Allahabad
Reported in : 4Ind.Cas.406
..... court below has dismissed the suit on the ground that hamid husain must be deemed to be a representative of the judgment-debtor within the meaning of section 244 of act no. xiv of 1882 and that the suit was, therefore, not maintainable. it is contended on behalf of the appellant that as the decree made by the court of first ..... 1. this appeal arises out of a suit brought under section 283 of act no. xiv of 1882 under the following circumstances: one fakhr-ud-din had two wives namely musammat latifunnissa and musammat shakurunnissa. the latter died in 1894 and on her death .....
Tag this Judgment!Court : Allahabad
Reported in : 6Ind.Cas.589
..... special circumstances, the court must continue to presume their absence unless and until their absence is disproved, in other words, their presence is proved.7. the evidence act in .laying down the principle set out in section 105 has at times been said to have introduced something new, and to have put the 1aw regarding criminal cases ..... might have existed or that doubt may arise in consequence of such assumption, and that the accused must be given the benefit of such doubt. section 105, evidence act, in using the words ' shall presume the absence of such circumstances' requires the court to regard such absence as proved unless and until it is disproved, vide ..... must be evidence upon which such circumstances can* be found to exist, and when they are not shown to exist, the court, which is under section 105, evidence act, bound to presume the absence of such circumstances, is not competent to assume, more particularly, when, as in this case, the pleas taken are inconsistent with such .....
Tag this Judgment!Court : Allahabad
Reported in : 13Ind.Cas.185
1. this was a suit by the appellant for partition of a house and its appurtenances in dehra dun. the appellant paid a court-fee stamp of rs. 10 on his plaint under the court fees act, schedule ii, article 17(vi). the respondents pleaded that the court-fee paid was insufficient. they contended that it should be caloulated on the value of the .....
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