Court : Allahabad
Reported in : (1912)ILR34All549
..... in the family property represented his sons or could have been treated by bhawani prasad or by the court in that suit as representing them for the purpose of section 85 of act no. iv of 1882,'27. it will be noticed that there was no consideration in the above case of the position of the manager of a joint hindu ..... mitakshara son in a suit where the father is sued in his representative capacity. he dissented from the ruling in bhawani prasad v. kallu. since the above decision, section 85 of the act has been repealed and the rule laid down therein is now a rule of procedure in the code of civil procedure.33. harington, j., differed and quoted the ..... the dropping out of the words 'provided that the plaintiff has notice of such interest' in order xxxiv, rule 1. it must be remembered that neither section 85 of the transfer of property act nor order xxxiv, rule 1, was any departure from the well established practice of the courts. it was always necessary that persons interested in the mortgaged .....
Tag this Judgment!Court : Allahabad
Reported in : 18Ind.Cas.251
..... of them were minors. the appointment was, therefore, not open to the objection considered by their lordships of the privy council and we must hold that under section 3 of the indian majority act, the sons did not attain majority until they completed their twenty-first year. the result is that the plaintiff lalji must be held to have attained his majority .....
Tag this Judgment!Court : Allahabad
Reported in : 18Ind.Cas.533
..... followed by possession. the result of giving effect to this contention would be to set at naught the provisions of section 27, clause (6) of act i of 1877 and to favour what on the findings appears to be if not a case of actual fraud, a case so narrowly divided from fraud that ..... baldeo prasad, it is contended that the registered document, which baldeo prasad persuaded ram dial to execute in his favour, should, in accordance with the provisions of section 48 of the indian registration act of 1908, take effect as against the oral agreement made by ram dial in favour of prag das, the more so as the oral agreement has not been ..... it is difficult to draw a distinction. the learned vakil for the appellant relies upon the case of nathu ram v. phulchand 6 a. 581; a.w.n. (1884) 183. the .....
Tag this Judgment!Court : Allahabad
Reported in : 18Ind.Cas.492
..... 675. we, therefore, find that the assignment by musammat sone kuar of the mortgage of january 6th, 1892 in favour of ran bahadur singh was void under section 52 of act iv of 1882, and that the assignment cannot affect the rights of any other person than musammat sone kuar.2. it was also argued on behalf of the ..... the transfer of the mortgage debt of january 6, 1892, does not fall within the definition of 'immoveable property' and hence the doctrine of lis pendens as enunciated in section 52 of act iv of 1882 is not applicable. in support of this contention, the learned vakil for the respondents has referred to gour's 'law of transfer', vol. i, ..... certificate to musammat sone kuar. the learned munsif dismissed the claim being of opinion that the assignment made by musammat sane kuar was not invalid as section 52 of the transfer of property act was inapplicable. the learned judge on appeal affirmed the decision of the first court. tara chand has come up in second appeal to this court. .....
Tag this Judgment!Court : Allahabad
Reported in : 18Ind.Cas.797
..... such right without hindrance and is competent to maintain a suit against any one who interferes with its exercise irrespective of the provisions of sections 30 and 539 of the code of civil procedure, 1882. in the present case, the defendants interfered with the rights of the plaintiffs and attempted to turn them out ..... to the property. the defendants denied that the property was a mosque or that it had been used by muhammadans as such. they pleaded that the suit was barred by section 11 of the code of civil procedure and also by limitation. they pleaded further that the right of the muhammadans if any, was barred by the long continued adverse possession ..... the authorities, we are bound to hold that the plaintiffs are entitled to maintain the suit. in the case of jawahra v. akbar husain 7 a. 178; a.w.n. (1884) 324 it was held by a full bench of five judges that every muhammadan who has a right to use a mosque for purposes of devotion is entitled to exercise .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All200
..... (1909) 6 a.l.j.,749 two judges of this court doubted whether a grove was land within the meaning of the definition contained in the act but the question was not definitely decided and, as far we are aware, never has been decided by this court.5. it is impossible to say ..... being grove-land, was not 'land held for agricultural purposes' within the meaning of section 4(2) of the tenancy act, and was not 'land' within the meaning of the word as used in chapter x of the act.2. in the papers prepared at the settlement of 1836 and 1872 the land was ..... were to treat the suit as one for ejectment of a tenant, for a rent-free grantee is not a tenant as defined in the act.8. it appears to us that if the plaintiff has any remedy it is by way of a suit in a civil court. the appeal is ..... harry griffin and chamier, jj.1. this was a suit under sections 150 and 154 of the tenancy act for resumption of a rent-free grant. the plaintiff alleged that the grant was made for the performance of a specific service .....
Tag this Judgment!Court : Allahabad
Reported in : 18Ind.Cas.878
..... to the case. the plaintiff contends that the original deed is a document of which a certified copy is permitted to be given in evidence by sub-section (5) of section 57 of the registration act, as long ago as 1874, it was held in the case of hurish chunder mullick v. prosunno coomar banerjee 22 w.r. 303 that this ..... have been open to the objection that they were copies of copies.6. the question of the burden of proof and the applicability of clause (b) of section 65 of the evidence act may be considered together. the learned additional judge was of opinion that the contesting defendants had, to all intents and purposes, admitted the original deed, because they ..... made for consideration but say that if there was one, it must have been paid off long ago. if the case is covered by clause (b) of section 65 of the evidence act, the only secondary evidence admissible is the supposed written admission, i.e., the defendants' written statement, but the written statement cannot by any means be regarded .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All308
..... the legislature or by some rule having the force of law.2. rules regarding elections of this kind in bareilly were made in 1884 under section 10 of act xv of 1883. rule no. 45 provided that the validity of an election might be questioned by petition to the district magistrate presented within fifteen days of ..... the election. those rules were superseded by rules made in july, 1910, under section 187 of the municipalities act, 1900, one of which expressly recognized the right of recourse to a 'competent court' to challenge the election. this court has held [see gur charan ..... whether the government was competent to bar the jurisdiction of the civil court by means of a rule made under section 10 of the act of 1883. the respondent relies upon clause (g) of section 9 read with section 10 of the act, but that clause refers only to 'the system of representation and of election'. it is, however, unnecessary to .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All380
..... younger brothers were minors. after two infructuous applications to execute the decree, the plaintiff paid off the amount of the mortgage to ram sarup, and ram sarup applied, under section 258 of the old civil procedure code, to have the satisfaction of the decree certified by the court, and this was done on the 31st of march, 1897.2. thirteen years ..... misappropriated the money. he also held that ram sarup, as manager of the family, was legally entitled to accept payment and enter satisfaction of the decree, and that his act bound the joint family. he decreed the suit.5. on appeal before the learned district judge no question of fact was raised. various legal pleas were taken, only one ..... the powers of the manager of a hindu family are undoubtedly very extensive, but there is nothing in the present case to show that the plaintiff no. 1 ever acted as the manager.'7. it is conceded by the learned vakil for the respondent, that if in our opinion the lower court has come to a definite finding that .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All450
..... the present instance, the action taken by the civil court is taken in pursuance of the powers granted under the rules passed by government under section 187 of the municipalities act. neither the act nor the rules make any provision whatsoever for any appeal from an order which the competent court may pass on an election petition, and unless ..... is a second appeal arising out of an election petition. the election petition was presented under rule 42(1) made by the local government under section 187(1), clause (h), of the municipalities act. it was filed in the court of the officiating subordinate judge of bareilly and it was dismissed. the petitioner appealed to the district judge, ..... ghafur (1896) i.l.r., 24. calc., 107 a candidate who had been elected had his election set aside under the rules made under the bengal act of 1884 by the authority of the district magistrate, who there determined the validity of the election. thereupon a suit was brought in the civil court by the person whose .....
Tag this Judgment!