Court : Allahabad
Reported in : 7Ind.Cas.820
..... say that the commentator (that is, the author of ,) who has written the commentary on the 'i'anwirul-absar shall presently state towards the end of the section dealing with the establishment of nasab, whilst quoting from the majmaul eatawa, that 'if a kafir marries a muslema woman, and the woman gives birth to a ..... is required, not for contracting but only with a view to manifestation before the judge. (vi).__________________________________________________________________________________(a) whether the persons to be united, or guardians or agents acting on their behalf.(b) subu. a youth under puberty, which is majority according to muhammadan law.(i). fut. al., vol. i, page 467. in the ..... law of evidence, amir ali and woodrofe, 4th ed. page 17.(8) error in carnal conjunction is of two kinds, the first, error in respect to the act, which is termed shubhat-ishtibah, 'or error of misconception' the second, error in respect to the subject, which is termed 'shoobha hookmee,' error by effect or .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.186
..... pay it in as he collected it presumably daily. one charge in respect to the gross sum was framed against him, in view of the provision in clause (2) section 222, criminal procedure code, and being committed for trial, he was found guilty and convicted by the assistant sessions judge.4. on appeal the sessions judge held that in view of ..... receiving many sums at different times, has on a certain date embezzled the whole amount thus received or part of it, i.e., where there has been really only one act of embezzlement, and also cases of general deficiency where it is impossible to give particular items or specific dates. it is urged that clause (2) controls clause (1) and ..... and intention. where that language is plain and unambiguous as in the present case, we are not allowed to look at extraneous matters and read other language into the section so as to give it a meaning which we may believe the legislature intended to express.14. our attention has been called to the case of king-emperor v. .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.188
..... satruyhan dhal 27 c. 1, the question was considered, whether a high court under similar circumstances was empowered to appoint a receiver under the provisions of the section of the code of 1882, corresponding substantially with the provisions of order xlv, rule 13 of the present code. in that case their lordships were disposed to ..... had no jurisdiction under the circumstances to appoint a receiver. in the judgment, we find the following observation: 'their lordships cannot direct the high court to act where they have no jurisdiction, and they are not prepared to differ from the high court on the question whether or not they have jurisdiction, without hearing ..... afford the requisite protection.' accordingly they ordered a stay of proceedings. in view of this decision, we cannot interfere in the present application unless it be that act v of 1908 has modified, in regard to such matters, the provisions of the former code. we have examined carefully the provisions of order xlv, which provides .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.201
..... observes: 'it is pretty clearly established by the evidence that no part of the house was dangerous,' and then his conclusion is that section 108(e) of the transfer of property act has no application. this section having no application, we are not aware of any other provision of law which justifies a lessee in avoiding a lease if by ..... this suit was then brought by the plaintiffs landlords for recovery of the rent agreed to be paid. both the lower courts dismissed the claim. under section 103(e) of the transfer of property act, a lessee is entitled to determine a lease if, among other things, by fire &c.;, or other irresistible force any material part of the ..... for the purpose for which it was let. according to mr. keelan's certificate repairs alone were needed. but strange to say though the district judge finds that section 108 has not application, he came to the conclusion that the plaintiffs cannot succeed because of the fact that mr. keelan, who was engineer in that part of municipality .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.902
..... apply to them; but i am nevertheless of opinion that their claim also should have been dismissed. it was contended on their behalf that the provisions of section 85 of the transfer of property act were imperative and that they were in the position of ordinary puisne mortgagees who had not been made parties to a suit by a prior mortgagee and ..... who, there-fore, must be given an opportunity of redeeming the prior mortgage. section 85 does not in terms apply to the case, for the appellant was not aware .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.156
..... of pleadings and issues; and though the two suits were disposed of by one judgment, this is an irregular procedure sanctioned only by consent but not expressly allowed by any section of the code of civil procedure. in the eye of the law there were two judgments, one in each suit, though the subordinate judge may have delivered the same ..... of the trial of an issue a final judgment upon the same issue in another case is pronounced by a competent court (the identity of parties and other conditions of section 13 being fulfilled), such judgment operates as res judicata upon the decision, original or appellate, of the issue in the later litigation.5. in ram lal v. chhab ..... , the same question was considered by a full bench consisting of edge, c.j., straight and mahmud, jj. it was held that the rule of res judicata contained in section 13 of the code applies equally to appeals and miscellaneous proceedings as to original suits; that having regard to its main object so far as it relates to the re .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.183
..... sheo narain, and that it was not liable to sale in execution of the decree obtained by the respondent. their objection having been overruled they instituted a suit under section 283 of act no. xiv of 1882 for a declaration of their title to the property. the suit was dismissed by the court of first instance and from the decree of that ..... sold in execution of a decree. the words 'wrongfully sold in execution of a decree' were added in the code of civil procedure of 1877, (act x. of 1877). they did not exist in section 92 of act viii of 1859 and is manifest that when the words 'wrongfully sold in execution of a decree' were added by the legislature, it was clearly ..... in brojendra kunwar rai chaudhari v. rup lull dass 12 c. 515 and also by the decision of oldfield, j., in gang a nand v. balgovind das a.w.n. (1884) 349 which was followed in kirpa dayal v. rani kishore 10 a. 80.3. as regards the merits of the case, i am of opinion that the case is one .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.385
..... right to pay or tender the mortgage money and, when the mortgagee is in possession, to obtain from him delivery of possession. see as to this, section 60 of the transfer of property act. there is, therefore, no force in this contention.3. the next point raised is that the jurisdiction of the munsif only extended to a pecuniary ..... a mortgage debt has been satisfied by receipt of rents and profits, the mortgage is to be considered as satisfied and discharged. the word redeemed' as used in the section was clearly not used in the sense that the mortgage had been redeemed in the full sense of that word, that is, satisfied and possession given to the mortgagor ..... have been argued before us by mr. wallach, the learned counsel for the appellant. the first of these is based on the provisions of section x of regulation xv of 1793. this section provides for the interest which is to be allowed on mortgage securities executed subsequent to the 28th march 1880 and prescribes that all such mortgages are .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.680
..... investigation in a regular suit that the proceedings, or record of the collector was erroneous or incomplete. in order to carry out their wish and desire they enacted (section 9), that it shall be the duty of collectors and other officers, exercising the powers of collectors, on the occasion of making or revising settlements of the land ..... judicial enquir on the spot regarding the various matters contained therein.(iii) that in the absence of proof to the contrary credit should be given to him for having acted with honesty and discretion within the limits of his authority.(iv) that wherein his record differs from the record of 1839, he made complete what he decided was ..... re-called to the direction to settlement officers, which call the attention of settlement officers to the fact that (i) the formation of the record-of-rights is a judicial, act (p. 21), (ii) the object of his investigation is not to create new rights, but to define those that exist (p. 46), (iii) that completeness of .....
Tag this Judgment!Court : Allahabad
Reported in : 13Ind.Cas.102
..... was no party and whom he had no opportunity of cross-examining; next the magistrate took into evidence the record of the case, emperor v. dalip, under section 109 of the code of criminal procedure decided on the 23rd september 1909. this was equally inadmissible in evidence. no evidence whatsoever (except hearsay) has been produced ..... merely swallowed what those persons told him and his statement is valueless as evidence. the magistrate took into evidence the record of the case emperor v. budhu, under section 110 criminal procedure code, which was decided on the 23rd september 1909. now, the record of this case was inadmissible except to prove the fact that budhu, an alleged ..... he refers to it in his judgment. he has also taken into evidence the case against the same persons under the arms act and also the record of the case against the present accused under section 174, indian penal code, which i have already mentioned. he has also taken into consideration the record of the civil suit .....
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