Court : Allahabad
Reported in : (1902)ILR24All195
..... that case no doubt their lordships of the privy council held that article 129 applied indiscriminately to suits for possession of land, and to suits of a declaratory nature; but they remarked that in the limitation act of 1877, which superseded the act then under discussion, the language is changed, and they go on to observe: 'whether the alteration of language denotes a change of policy or how much change of law it affects as questions not now ..... in disposing of that contention lord shand observe: 'the appellant's counsel, founding on section 118 of the schedule to the limitation act, argued that the limitation of six years from the date of the alleged adoption of the ..... it is true that lord shand, in delivering the judgment of the judicial committee, observes with reference to the alteration of language in the act of 1877: 'it seems to be more than doubtful whether, if those were the words of the statute applicable to the case, the plaintiff ..... not only was no claim put forward on any of these occasions by, or on behalf of, the plaintiff as the adopted son of dhanraj, but we find that when the plaintiff's natural father baldeo died, the plaintiff's name was entered as succeeding to baldeo's property in the same way as ..... we have now to consider the next plea urged on behalf of the appellant, namely, that the respondent murlidhar was never, in ..... occasions was any claim put forward on behalf of the plaintiff to this valuable estate. ..... it is contended on behalf of the plaintiff that this .....
Tag this Judgment!Court : Allahabad
Reported in : (1902)ILR24All348
..... it might as well, we think, be said that inasmuch as this court is the high court for the purposes of the indian divorce act in the province of oudh, and is also the high court in the same province in the matter of references under section 57, clause (b), of the indian stamp act, it is therefore the high court in that province for the purposes of the legal practitioners' act. ..... as follows: every pleader holding a certificate issued under section 7 may apply to be enrolled in any court or revenue office mentioned therein and situate within the local limits of the appellate jurisdiction of the high court by which he has been admitted and subject to such rules consistent with this act as the high court or the chief controlling revenue authority may from time to time make in this behalf, the presiding judge or officer shall enrol him ..... accordingly, and thereupon he may appear, plead, and act in such court or office, and in any court or revenue office subordinate thereto. .....
Tag this Judgment!Court : Allahabad
Reported in : (1902)ILR24All402
..... ayyar, cited with approval the rulings in the two cases mentioned above, and observed that the plaintiff had not complied with the directions of the act, as he had not preserved an application under section 73 within the thirty days, 'and when after the lapse of the thirty days the application was presented to him the registrar properly refused to ..... when, therefore, the learned judge, wrongly applying certain sections of the limitation act to the proceedings before the registrar under section 73 of the registration act took it on himself to decide that the application made to the registrar under section 73 of the registration act 'was within time,' he decided a question which, i think, does not arise in the case, and he ..... , therefore, adopted the only course open to him, that is, he refused to register the document, and, as required by section 71 of the registration act, endorsed it with the words 'registration refused,' the order of refusal was passed on the 15th of november, 1900. ..... however, is the contention on behalf of the respondent, namely, that the rejection by the registrar of an application made to him after the period of thirty days prescribed by section 73 had expired--an application which the registrar was bound by law to reject summarily and could not entertain--amounted to a 'refusal to direct registration' within the meaning of sections 76 and 77 of the registration act, and gave the applicant a right to institute the suit provided by section 77 of the act.10. .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All46
..... sense: and applying this definition and this rule of common sense to this case, we feel bound to say that a guilty intention is proved in this case and that it must have been some one of those mentioned in section 441 of the indian penal code, though it is not easy to say precisely which of those it was. ..... the learned counsel who appears for the accused strenuously contended that inasmuch as the intention was an ingredient of an offence under section 456, it was for the prosecution to prove that the intention was a criminal one. ..... by section 3 of the act 'a fact is said to be proved, when after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. ..... the accused, ishri, has been convicted of an offence under section 456 of the indian penal code. ..... but what is the meaning of proof as defined in the evidence act, which is the law of the land? ..... accused entered the house, the knowledge of that intent is specially within his knowledge, and if that intent was an innocent one, it was for him to say what it was, even if i do not go so far as the indian evidence act requires me to go, as the burden of proving it is on him. .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All176
..... a trade as inheritable property renders it necessary for the general benefit of the family that the protection which the hindu law generally extends to the interests of a minor should be so far trenched upon as to bind him by acts of the family manager necessary for the carrying on and consequent preservation of that family property; but that infringement is not to be carried beyond the actual necessity of the case. ..... should be enhanced by giving him in addition to the security of the joint family property the security of any separate property to which a minor member may on attaining majority become entitled, unless it be that by some consentient act on the part of the latter he has accepted the position of a partner and ratified the transactions out of which the obligation to the creditor arose. ..... even though he had attained majority at the time, is not liable to satisfy that claim out of his separate property, in other words, that he did not after he had attained full age by any consentient act become a partner in the joint ancestral family business and thereby render his separate estate liable to satisfy the obligations of the firm. ..... was held that a minor member of a family, interested in an ancestral trade carried on behalf of the family, is bound by the acts of the manager necessary with reference to the carrying on of the trade, but sausse, c.j ..... that property alone, so far as minors are concerned, which the acting partners can pledge and to which the creditor can have recourse. .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All468
..... on the merits by the court whose order it was sought to set aside in revision, and the learned judges were of opinion that none of the facts in that case fell within any of the three contingencies specified in section 622 of the code of civil procedure. ..... article 5 of the first schedule or the court fees act of 1870 expressly provides that where an application for review of judgment is made within 90 days and where there has been no appeal, the proper fee payable by the applicants is one half of the fee leviable on the ..... it is said, however, that section 629 of the code of civil procedure expressly enacts that an order rejecting an application for review is final, and in support the learned counsel for the opposite side has cited the case of ram lal v. ..... i think this section clearly refers to a consideration of the application on the merits, and if in the present case there had been a consideration of the case on the merits, i would have no hesitation in rejecting the present application. ..... on reference to section 623 of the code of civil procedure it will be seen what are the proper and only grounds on which an application can be made for review of judgment. ..... section 626 provides that the court may reject the application if it considers that there are no sufficient grounds for review. .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All495
..... is the main question for determination in this appeal; but there are a number of other matters which have been raised in the grounds of appeal and also in the objections filed by the respondents under section 561 of the code of civil procedure which will require our attention.4. ..... , act xvii of 1875, section 4, act xxi of 1870) in which those three sects are mentioned as classes coordinate with the hindus, it would follow that the ..... of what the joint property consisted and the rights of the various parties therein, have issued a commission to such persons as it thought fit to make a partition according to such rights as provided by section 396 of the code of civil procedure.32. ..... have filed objections under section 561 of the code ..... the contention put forward on behalf of the appellant is not that the rule of law prevailing amongst the twice-born castes as regards adoption governs the jains, for this is not the appellant's case, but that ..... a number of witnesses were examined on behalf of the appellants who deposed that it was not customary amongst the jains to ..... stated that his own father had instituted a suit in respect of karnali mal's outstandings, but that he was not aware whether he had done so on his (the witnesses') behalf or on behalf of musammat patho. ..... so long as this rite in the case of the three higher classes, and marriage in the case of sudras, can be performed in the family of the adopter, there is no limit of any particular time (dattaka chandrika, section 2, paras. .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All315
..... a decree against a debtor of a deceased person for payment of his debt to a person claiming to be entitled to the effects of the deceased parson or to any part thereof * * * except on the production of (i) probate or letters of administration * * *(ii) a certificate granted under section 36 or section 37 of the administrator-general's act, 1874 * * * or(iii) a certificate granted under this act and having the debt specified therein, or *(iv) a certificate granted under act xxvii of 1800 * * * or(v) a certificate granted under the regulation of the bombay code no. ..... in that case it was held that when a muhamnaadan wife, who has not been divorced by her husband, dies daring her husband's lifetime, the right to sue for her deferred dower accrues for the first time to her heirs and that the cause of action is not a joint one, ..... the language of the act is quite general and defines a debt within the meaning of section 4 as including 'any debt except rent, revenue or profits * ..... if it be deferred it is payable in the case of death or divorce--a debt payable in future, but none the less a debt of the ..... we do not find any language in the succession certificate act to bear out the statement that the act refers only to debts for the recovery of which the deceased could have ..... is contended on her behalf that, inasmuch as the dower in respect of which she sues was deferred dower, it never was payable to kadri begam, and therefore her husband was not her debtor within the meaning of section 4. .....
Tag this Judgment!Court : Allahabad
Reported in : (1908)ILR30All508
..... and only son of one mahtab singh, deceased, by a concubine who had lived continuously with mahtab singh, is entitled to the occupancy holding of his father as a male lineal descendant within the meaning of that expression as used in section 22 of the agra tenancy act. ..... ramasawmy pandia talaver (1869) 13 moo. i.a. .....
Tag this Judgment!Court : Allahabad
Reported in : (1909)ILR31All136; 1Ind.Cas.763
..... the court below decided in favour of the plaintiff in the connected cases on the ground that the transaction came under the provisions of section 16 of the contract act. ..... abdul raoof counsel on behalf of the respondents, repudiates all claim to any beneficial interest to any part of the income of the estate. ..... her expenses in, these acts of charity amounted to rs. .....
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