Court : Allahabad
Reported in : 16Ind.Cas.981
..... between certain persons. it is well known that the provisions of section 9 of the old rent act of 1881 and of section 20 of the present act were enacted in the interest as much of the tenant as of the landholder. i am unable to hold that an occupancy-tenant may transfer ..... mortgage was valid because it was made in favour of the mortgagor's landlord. he seems to have been led to this conclusion by section 31 of the tenancy act. it has been observed, more than once, that this section is not happily worded. in ram sarup v. kishan lal 29 a. 327 : a.w.n. (1907) 76 : 4 a.l.j. 306 ..... not intended to show that a transfer contrary to the provisions of section 20 was voidable only and not void, but was intended to give a special remedy to the landholder. it seems to me that the section was not intended to affect the express provisions of section 20 of the act that the interest of an occupancy tenant is not transferable except as .....
Tag this Judgment!Court : Allahabad
Reported in : 16Ind.Cas.1007
..... ground that the fixed-rate tenants had left no heirs entitled to succeed to the sane. the matters came before the revenue courts under those sections of the united provinces land revenue act (local), act iii of 1901, which deal with the maintenance and correction of the annual registers. their decision was in favour of the landholder and the latter ..... whether the court of first instance, the munsif of bailia, was or was not debarred from taking cognizance of this suit by the provisions of section 167/79, of the agra tenancy act (local), act ii of 1901. this question depends mainly on whether the 3 usufructuary mortgagee of a fixed-rate tenancy, in possession of the holding under terms ..... order to do this, he would have had to determine whether or not a suit by the plaintiffs for recovery of possession of this holding under section 79 of the tenancy act was barred by limitation on the date on which the suit in the munsif's court was filed. i, therefore, call for finding on the following issue .....
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All606
..... than its proportion of the mortgage debt and then sue the mortgagor and a puisne mortgagee for the whole of the balance of the mortgage money. under section 74 of the transfer of property act a puisne mortgagee is entitled to redeem the next prior mortgagee as soon as the amount due on that mortgage has become payable, and when he has ..... sale, it was discovered that the remainder was not saleable, being an occupancy holding. it was held that the mortgagee was entitled nevertheless to a decree under section 90 of the transfer of property act. that case in no way affects the present case. in jai gobind v. jas ram weekly notes 1898 p. 120 a mortgagee sued his two mortgagors, ..... had asked for and obtained a decree for sale of part only of the mortgaged property. it was held that he was entitled to a decree under section 90 of the transfer of property act after bringing that part to sale. the only defendant to the suit was the mortgagor. in gha fur hasan khan v. muhammad kifuit-ullah khan (1905) .....
Tag this Judgment!Court : Allahabad
Reported in : 16Ind.Cas.401
..... than its proportion of the mortgage debt and then sue the mortgagor and a puisne mortgagee for the whole of the balance of the mortgage-money. under section 74 of the transfer of property act, a puisne mortgagee is entitled to redeem the next prior mortgagee as soon as the amount due on that mortgage has become payable, and when he has ..... sale, it was discovered that the remainder was not saleable being an occupancy holding. it was held that the mortgagee was entitled, nevertheless, to a decree under section 90 of the transfer of property act. that case in no way affects the present case. in jai govind v. jas ram a.w.n. (1898) 120 a mortgagee sued his two mortgagors a ..... had asked for and obtained a decree for sale of part only of the mortgaged property. it was held that he was entitled to a decree under section 90 of the transfer of property act after bringing that part to sale. the only defendant to the suit was the mortgagor. in ghafur hassan khan v. muhammad kifayatullah 28 a. 19 : a.w .....
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All663
..... sastri's translation) expressed itself with anything approaching' certainty in favour of mr. mandlik's view. nowhere did i find anything like a complete examination of the entire section of the mitakshara with a view to deducting therefrom a definite and unambiguous scheme of succession amongst the 'gentiles' i cannot accede to the view that the question before us ..... is much to be said by way of rejoinder. one cannot deal with an ancient text like that oil the mitakshara precisely as one would with a modern. act of parliament. i cannot feel that it is a conclusive argument against a scheme of inheritance which is really intended to apply when one readies the 'gotraja sapindas,' ..... a plea in their memorandum of appeal that they desired an issue to be remitted upon the question of fact, and it seems clear that the learned subordinate judge acted as he did with the acquiescence, if not with the express consent, of both parties. we thought it best therefore 'to accept the position as it stood, .....
Tag this Judgment!Court : Allahabad
Reported in : 16Ind.Cas.529
..... , it seems to be extremely doubtful whether the author of the mitakshara intended to bring in the paternal grandmother after the brother's son before his grandson. in section 2 of section v, he was considering the question whether the grandmother would come in immediately after the mother. he expressed the opinion that she does not do so, that her ..... that there is much to be said by way of rejoinder. one cannot deal with an ancient text like that of the mitakshara precisely as one would with a modern act of parliament. i cannot feel that it is a conclusive argument against a scheme of inheritance, which is really intended to apply when one reaches the 'gotraja sapindas' ..... it a plea in their memorandum of appeal that they desired an issue to be remitted upon the question of fact and it seems clear that the learned subordinate judge acted as he did with the acquiescence, if not with the express consent, of both parties. we thought it best, therefore, to accept the position as it stood, and .....
Tag this Judgment!Court : Allahabad
Reported in : 15Ind.Cas.1004
..... summonses for the attendance of the witnesses and the accused. it is true that in his order, he did not record his reasons but it does not appear from the section that this recording of reasons by the magistrate is a condition precedent to the tender of the pardon and its acceptance by the approver, and the pardon clearly could not ..... , name jamna sahai and shama charan, while he does name ram lal, but, in our opinion, it was not necessary that he should name these persons complaint is defined in section 4 (8) of the code of criminal procedure as meaning: the allegation made orally or in writing to a magistrate with a view to his taking action under this code ..... as follows: 'the words 'court of justice' denote a judge who is empowered by law to act judicially alone, or a body of judges which is em. powered by law to act judicially as a body, when such judge or body of judges is acting judicially.' section 7 is as follows: 'every expression which is explained in any part of this code is used .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All29
..... of session which was rejected. he has come up in revision to this court and repeats his objection. it is argued by the learned counsel for him that section 179 of the code of criminal procedure, under which the cantonment magistrate appropriates the jurisdiction to himself, and with whom the judge has agreed, is inapplicable to ..... revision which raises a point of jurisdiction. the applicant, george langridge, contends that the cantonment magistrate of cawnpore has no jurisdiction to try him on a charge under section 406 of the indian penal code. according to the case for the prosecution, the applicant and atkins, the husband of the opposite party, were in the service ..... to try him on her complaint. it is admitted that the words 'and of any consequence which has ensued' in section 179 of the code of criminal procedure, refer to a consequence which completes or modifies the act alleged to be an offence. but in criminal breach of trust loss is a necessary consequence and completes the offence. .....
Tag this Judgment!Court : Allahabad
Reported in : 17Ind.Cas.302
..... court and the district judge that the land in question was the sir of the defendants. this being so, it is absolutely clear that under the provisions of the tenancy act, on the sale of the proprietary title of the defendants on foot of the mortgage, they became ex-proprietary tenants of the land in question. the dismissal of the plaintiff ..... not necessarily mean that the land, which admittedly was sir, loses its character as such. 'sir' has the same meaning in the tenancy act as it has in the land revenue act, and in the land revenue act, sir is defined as meaning not only land which has been continuously cultivated but also land which was recorded as sir before the commencement ..... of the act and has continued to be so recorded. there is a further definition which would include land which, according to the custom of the village, is treated as the special .....
Tag this Judgment!Court : Allahabad
Reported in : 17Ind.Cas.541
..... rules made by the municipality of cawnpore and has been sentenced to fifty rupees fine, the maximum punishment allowed. the rule is one, which purports to have been made under section 128 clauses (h), (i), for the regulation of the collector gunj market, in the cawnpore municipality. rule 2 of these rules recites: 'no retail transaction shall be permitted in the .....
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