Court : Allahabad
Reported in : (1923)ILR45All193
..... there was no charge created by that document,--and indeed it cannot reasonably be argued that there was,--and he, in his judgment, said with reference to the oudh laws act, xviii of 1876, 'it is very likely, on this account, that the plaintiff's advisers have thought it advisable to bring this suit in this court and have ..... within the jurisdiction of the farrukhabad court. the fourth is within the jurisdiction of the court at hardoi; that court is in oudh and the provisions of the oudh laws act, already mentioned, have force in that court, and the plaintiff could, proceeding in the hardoi court, also have got a charge on the property. the learned subordinate judge ..... , is that if the suit had been instituted, in the proper court, in the lucknow district, the defendants could have taken advantage of the provisions of the oudh laws act, no. xviii of 1876; and, whilst admitting the lady's dower originally to have been fixed at rs. 60,000, they might have secured a substantial reduction of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1923All570; 73Ind.Cas.983
..... of non-access. on the necessary facts being proved in a judicial proceeding such as the present suit the court was bound to apply section 112 of the evidence act and to draw a conclusion in favour of the defendant's legitimacy. sir roland wilson would apparently tie at it as a provision containing an artificial definition of legitimate ..... all judicial proceedings before any court. the rule contained in section 112 is in fact a rule of exclusion of evidence. its position in part iii of the evidence act, which deals with the production and effect of evidence, shows that it was intended to be so regarded. it is a rule that on certain facts being established no ..... the defendant's mother at a time when conception could have taken place. it, therefore, follows that if the case is governed by section 112 of the evidence act there was a conclusive presumption in favour of the defendant's legitimacy and the suit should have been dismissed. the learned d strict judge has ignored the provisions of .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All447
grimwood mears, kt., c.j., lindsay and ryves, jj.1. atma ram was convicted by the district magistrate of dehra dun under section 3 of the public gambling act (act no. iii of 1867) as amended by act no. i of 1917 of the local legislature and sentenced to pay a fine. his appeal was dismissed by the learned sessions judge of saharanpur. ..... facts actually were. once these facts are ascertained, we have no hesitation in holding that the conviction was justified.3. the law regulating public gambling in these provinces was act no. iii of 1867 and it proved for nearly 50 years to be adequate. in 1910, however, a new form of gambling came into fashion and rapidly increased in ..... by the high court at bombay in emperor v. dattatraya shankar paranjpe (1923) i.l.r. 47 bom. 960 and was dissented from. sir lallubhai shah, kt., acting chief justice, who delivered the judgment of the bench, said:i do not think that on a proper construction of the definition the prosecution can be restricted, for the purpose .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All679
..... were acting merely as the plaintiffs' agents in despatching the sugar, or whether they should be regarded as sellers of the sugar to the ..... took the contrary view, finding that the defendants remained the owners of the sugar during its despatch by rail to dehra dun, and so they were liable for the loss in transit. the court held that they acted as principals in selling the sugar to the plaintiffs and they reserved the right of disposal of the consignment during the ..... transit, since it was consigned to their own agents and not to the plaintiffs at dehra dun. the first question to be considered is whether the defendants .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All553; 110Ind.Cas.695
..... mukerji, j.1. this is an application, filed on 18th may 1928, in chambers, by one of the official liquidators, mr. asthana for dehra dun mussoorie electric tramway co. ltd. (in liquidation) and mr. ladli prasad representing the allahabad bank, ltd.2. it appears that a few months back the liquidators ..... matters in difference to arbitration in a particular way that an official liquidator is allowed to make a reference to private arbitration.7. a reference to section 234, companies act, will show that the liquidator, with the sanction of the court, may compromise certain claims, against the company and outstanding in favour of the company. it is, ..... both the learned gentlemen expressed their view and submitted certain arguments that a reference to private arbitration was permissible under section 179, clauses (a) and (i), companies act. i deferred passing orders till i had carefully considered the matter, with the help of the arguments advanced before me.4. it is to be noticed that section 179 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All538
..... only in such cases that are relevant for the purposes of the present appeal.47. before referring to them i would examine the provisions of the tenancy act, itself. section 167, act 2, 1901 consists of two parts. the first part directs thatall suits and applications of the nature specified in schedule 4 shall be heard and determined by ..... of the appellant on both points, for he argued (and my learned brother has accepted the argument on p. 3 of his judgment), that section 95, tenancy act, was the proper section under which to decide these questions such as legitimacy or the validity of a deed of relinquishment. the decision of the commissioner on this point ..... of ganga chamar v. bindesari rai : air1925all615 . in that case i declined to say that the civil suit was barred by section 167 of the agra tenancy act.20. this full bench decision therefore lays down the following propositions:(1) that the civil courts have jurisdiction to entertain such a declaratory suit in regard to the surrender .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All826; 121Ind.Cas.693
..... of mrs. neison dignasse & co., to pay the sum of rs. 89,812-8-0 to the official liquidators of the dehra dun electric tramway co. in liquidation.2. the proceedings were under section 235, companies act, 1913.3. before proceeding to consider the five charges which were discussed before us we must give a brief outline of the disastrous ..... him. beyond all doubt he habitually put himself in funds by drawing cheques upon the company's account, and the irregularities committed by mr. beltie shah with the dehra dun branch of the allahabad bank were the subject of an action by the official liquidators against the bank, which action we have been informed by counsel has been ..... . dignasse, and the second regular audit made by mr. hudson is dated 10th december 1924. in each case, a clerk or clerks of the auditors went to dehra dun and examined the books of the company, and having spent what time was considered necessary, brought back such materials and notes to their principals as appeared to be of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All389
..... -tax act of 1922.2. the assessee is the tehri state. it appears that the state has grown timber within its territory, and annually, it arranges to sell the timber at two places in british india, namely, hardwar in the united provinces and abdullahpur in the punjab. the method of business is this: annual auctions are held at dehra dun and ..... are offered. these offers are communicated to the state capital, and there, on their acceptance, money is deposited by the purchasers, in the imperial bank of india, in its dehra dun branch. it also appears that, later on, the state appointed a certain gentleman, by the name of pandit ghananand, to carry on the sale of timber. he having died ..... was the acceptance of the offer made by the purchaser. we do not think that the matter requires much discussion. the money was received by the imperial bank at dehra dun as the agent of the tehri state. the receipt by the bank was a receipt on behalf of the state. as already stated we answer the question in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All648
..... of my learned brother. i desire to mention an additional reason, which seems to me of some weight, in arriving at the interpretation of section 64, negotiable instruments act, at which he has arrived, that is that under that section in default of presentment for payment, the maker of a promissory-note, the acceptor of a bill ..... lay down that the instruments should be presented for certain purposes and also lay down the consequences of she failure to make the presentment. in the scheme of the indian act, an attempt has been made to bring together the law on promissory notes, bills of exchange and cheques. this has caused a certain amount of confusion. sections 62 ..... judgment, and accordingly a decree was passed against him.2. in this court only one point has been urged, and it is this. under section 64, negotiable instruments act, the result of non-presentment of the hundis for payment was not the exemption of the acceptor from liability, but the exemption of other parties to the hundis. we .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All778
..... dun mussoorie electric tramway company limited.3. the learned company judge has held that the dehra dun mussoorie electric tramway company limited, now in liquidation, are not rendered liable by these promissory notes. it is contended on ..... these promissory notes are signed by mr. t.b. gilani, and below his signature there appear on one promissory note the words:managing agent, dehra, dun electric tramway company limited.2. on the other promissory note below the signature of mr. gilani the words written are:agent, dahra ..... behalf of the appellant that this decision is incorrect. under section 27, negotiable instruments act:every parson capable of binding himself or of being bound, .....
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