Court : Allahabad
Reported in : 5Ind.Cas.521
..... and to see whether they contain sufficient authority for the plea raised. we think they do not. the text in question is to be found in the mitaksliara, chapter ii, section x, sloka 140, the chapter which deals with the subject of inheritance, the translation of this sloka given by colebrooke runs as follows: an impotent person, an out-caste ..... on that sloka (see yagynavalkaya 9 a. 142), the learned vakil for the appellant did not take his stand, upon the word out caste batita for obvious reasons. see act no. xxi of 1850: he maintains that the respondent is included in the word auppatilca' which sir william colebrooke translates somewhat unhappily as addicted to vice' for jjpata is a ..... eloped with a brahman. the appeal in this case has been to narada and it will not be wise to see how the rishi narada looks upon such an act as the one attributed to the respondent. the case is exactly one which he contemplates and on which he gives no uncertain pronouncement in his book xii, verses 97 .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.21
..... ' in the case before it. the omission to use the formal words 'i discharge this accused' would be at most an irregularity curable by the provisions of section 537 of the criminal procedure coda. the memorandum of the magistrate's proceedings on april 21st and 22nd as well as the first paragraph of the memorandum of appeal ..... as against majida and the position of the; witness, could not, be adversely affected even if the court be held not to have complied with the clear provisions of section 494(a) of the criminal procedure code. i am of opinion, however, that there had been a virtual, though informal, compliance on the part of the magistrate with the said ..... against the applicants and the particular grounds pressed upon me are that there had been no formal order of discharge passed in respect of majida, under the provisions of section 494(a), criminal procedure code, and that majida was still in police custody when his evidence was taken. this latter plea i may at once set aside as baseless in .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.107
..... sharer after the period fixed for the presentation of such objections has expired, this will not of itself render proceedings taken by him under section 111 of the land revenue act void or without jurisdiction.2. the assistant collector proceeded himself to try the question of proprietary title as between the appellants and the respondents. ..... treated the appellants application of november 1, 1903 as an objection to the partition, and as one which raised a question of proprietary title under section 111 of the land revenue act. we are prepared, however, to hold that the assistant collector had before him in the respondents' objection of january 7, 1907, an objection ..... before us and may be hereafter spoken of simply as the appellants', presented what was beyond all question an application under clause (2) of section 110 of the land revenue act asking that their own recorded shares might be formed into a separate mahal. they admitted in the application itself that certain other persons, namely .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.697
..... to rameshar das fuil proprietary title in the land in question. vide shib lal v. bhagwan das 11 a. 244. because of the provisions of section 54 of the transfer of property act, (act iv of 1882), this title could not be re-transferred to the original vendors except by a registered instrument. such instrument, in whatever way the parties ..... might elect to word it, would necessarily contain provisions bringing it within the definition of a 'conveyance' in section 2, clause 10 of act ii of 1899. it would, therefore, be liable to duty as a conveyance upon the full consideration which actually passed between the parties. finally, it is ..... of stamp duty. had the consideration been fully and truly set forth in the sale-deed, it seems clear that in view of the provisions of section 24 of the indian stamp act, the conveyance in question would have been chargeable with stamp duty upon the full sum of rs. 20,000, the only exception to be found in .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.180
..... question before the court is whether under the circumstances the applicants signed the award 'otherwise than as witnesses' within the meaning of sub-section (i) clause (b) of section 62 of act ii of 1899. it is impossible to say that every person who writes his name on a document of this nature otherwise than as a witness ..... board of revenue was reduced to rs. 2,290. the matter having become public in this manner, a criminal prosecution was instituted against the applicants under section 62 of indian stamp act ii of 1899 as already mentioned. the result of the sessions judge's order being that the present applicants have been fined rs. 150 each. the ..... of moradabad confirming the conviction, but reducing the fine to a sum of rs. 150 each. the prosecution was brought under section 62 of act ii of 1899. clause (b) of sub-section (i) of that section provides that 'any person executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.871
..... local limits of whose ordinary appellate jurisdiction or of whose jurisdiction under this act the husband and wife reside or last resided together, and in clause (3) of that section 'district court' is defined as meaning. 'in the case of any petition under this act the court of the district judge within the local limits of whose ordinary jurisdiction ..... depends upon the residence or last residence of the petitioner and his wife. in section 8 of the act a definition is given of the term 'high court,' which is empowered by the act to grant divorce, and at the end of the first clause of the act we find the following: 'in the case of any petitioner under this ..... , or of whose jurisdiction under this act the husband and wife reside or last resided together.' the learned .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.269
..... been broken up and acquired by different persons at different times and in various proportions. one of these deposited the entire sum due to the mortgagee under section 83 of the transfer of property act and brought a suit for possession by redemption in respect of the whole mortgaged property. the question before the court was whether in this same suit a ..... view of the fact that the decree of 1884 has been allowed to become time-barred. we were referred in the course of argument to the following rulings of this court:dondh bahadur rai v. tek narain rai 21 ..... deposit of rs. 45-8-0 is found to have been withdrawn from the civil court by some person other than the mortgagee. these transactions took place in the year 1884 a.d. the plaintiff having now attained majority brings a fresh suit for redemption on payment of rs. 45-8-0. the question is whether this suit is maintainable in .....
Tag this Judgment!Court : Allahabad
Reported in : 6Ind.Cas.17
..... of the wajib-ul-arz relating to preemption is contained in chapter ii which is headed 'as to the rights of co-sharers among themselves based on custom or agreement. ' section 13 of the chapter (sic) 'as to the custom of right of pre-emption,' and the clause embodying the right runs as follows: if any hissadar wishes to transfer his ..... 'hissadar'' did not in the wajib-ul-arz in question mean a co-sharer of a mahal in the sense in which that term is used in the land revenue act, but merely the holder of a share, he observes: 'according to this argument a hissadar deh merely means one who owns or holds a share within the area of the .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.503
..... in the full bench case to which we have referred, that when a mortgagor delivered possession to the mortgagee under the mortgage, the effect of that coupled with section 58 of act no. iv of 1882, was to divest the mortgagor of all proprietary rights and to make the mortgagee, for the time being at any rate, the exclusive ..... words are the expressions, 'either temporarily or permanently.' sometime after the decision of madho bharthi v. barti singh 16 a. 337, the present tenancy act was passed and section 10 of that act expressly provides that on any transfer otherwise than by a gift or exchange between the co-sharers, a proprietor shall have a right of occupancy in his ..... of the clause is framed in such general terms as to exclude every executor, who has obtained a grant of probate under the 179th and the following sections of the indian succession act of 1865, it must nevertheless be held to exclude the executor of hindu will, because it appears aliunde that the legislature so intended it. it .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.371
..... by one co-sharer against another for settlement of accounts. the court of first instance returned the plaint for amendment. after granting several applications for extension of time, that court acting under section 54 of the civil procedure code of 1882 rejected the plaint. on appeal, the lower appellate court on the authority of zohra v. mangulal 29 a. 753 : a.w.n. ..... provisions of the code of civil procedure shall only apply so far as they are not inconsistent with that act. to attach to the expression 'decree' as used in section 177 of the agra tenancy act, the meaning given to it in section 2 of the code of civil procedure, would be to do violence to the express and clear language of ..... who decided the case kharag singh v. pole ram 27 a. 31, i cannot agree with them in holding that the difficulty is got over by reference to section 193 of the act, first, because i hold that the provisions of the code of civil procedure are in this respect inconsistent with the provisions of the tenancy .....
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