Court : Allahabad
Reported in : (1913)ILR35All476
..... of an ad valorem duty. looking to the change which has been made by the legislature in order xxxiv, rules 4 and 5, as compared with sections 88 and 89 of the transfer of property act, we have no doubt whatever that the court fee which ho should have paid was an ad valorem court fee. the legislature has deliberately altered the ..... been such compliance. this is no more than what an executing court has to do, and it is submitted that the final decree is an order within the meaning of section. 47 of the code. it is not suggested that an application for a decree under order xxxiv, rule 5, must bear an ad valorem court fee, and there is no ..... is taken from that refusal, the memorandum of appeal should be stamped with an ad valorem court fee. anyhow the court fees act makes no distinction between preliminary and final decrees, and the word decree' used in that act must bear the ordinary meaning given to that expression in the first part of the definition of the term in the code of .....
Tag this Judgment!Court : Allahabad
Reported in : (1914)ILR36All1
..... divorced by haidar khan, unless the contrary has been proved, no conviction under the section can stand.2. my attention has been called to the following rulings in support of the arab ground. empress v. pitambur singh (1879) i. l. r. 5 calc. 566 ..... contentions.(1) because, the actual marriage of the complainant and the woman sirtajan not being attempted to he strictly proved by evidence, the conviction under section 498 is illegal.(2) because under the present section the marriage cannot be presumed from the mere fact of cohabitation.(3) because in any case, the woman having clearly stated that she had been ..... .'3. what i think was meant in all these cases is that, as the fact and the legality of the marriage are material elements in a case under section, 498, they must be proved as strictly as any other material facts, as for instance the enticing away of a woman with the intention mentioned in the .....
Tag this Judgment!Court : Allahabad
Reported in : (1913)ILR35All582
..... opinion that he was bound by the ruling in rahima v. nepal rai (1892) i.l.r., 14 all., 520. in that case it was held that an order under section 87 of act no. iv of 1882 extending the time for payment of the mortgage money by a mortgagor was a decree within the meaning of ..... was right in extending the time for the payment of the purchase money under the provisions of section 148 of the code of civil procedure. that section is as follows: 'where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may in its discretion, from time to time, enlarge ..... sections 2 and 244 of the code of civil procedure of 1882. we may point out that that case entirely proceeded under the rulings of this court in which it had been held that proceedings under the transfer of property act, subsequent to decree, were questions relating to the execution, discharge .....
Tag this Judgment!Court : Allahabad
Reported in : (1914)ILR36All26
..... the evil which took so many years to decrease to a minimum. the feelings and beliefs which prompt a sati still exist, and but little encouragement would make many others act upon them. i would, therefore, enhance the sentences in the cases of these two accused to four years' rigorous imprisonment. i would not interfere with the cases of the ..... beginning have sincerely remonstrated with the widow, they finally gave way to her determination and intentionally aided the doing of the deed. the circumstances of the case and their acts and omissions leave no room for doubt.13. on behalf of chote lal and kankuar and adhor singh it is urged that they did very little and cannot be ..... tudball, j.1. the five appellants, ram dayal, dodraj, chote, kankuar and adhar singh have been convicted of the offence of abetment of suicide under section 306 of the, indian penal code. the two first were sentenced to two years' rigorous imprisonment each and the other three to one and a half years' rigorous imprisonment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All212; (1914)ILR36All8
..... . this has no application to the circumstances of the case. mul chand's position was that of a person aggrieved by an act of the receiver and his remedy was by an application under section 22 of act no. iii of 1907. his application was, however, dealt with by the second additional judge of meerut on the merits, and ..... civil procedure, for he has presented this appeal as a matter of right and without any reference to the provisions of sections 22 and 46 of the provincial insolvency act on the subject of appeals. an examination of these sections, however, suggests two questions. one is whether the court of the second additional judge of meerut is or is not ..... insolvents in order to dispose of the same for the benefit of the creditors. he was undoubtedly acting under the provisions of section 20 of the provincial insolvency act (act no. iii of 1907), and as a matter of fact in this particular matter he acted under the orders of the district judge.3. mul chand, who is the appellant before us .....
Tag this Judgment!Court : Allahabad
Reported in : (1914)ILR36All40
..... the defendants on the memorandum of objections, presented by them to the lower appellate court. the defendants do not accept his view. the case is not covered by section 5 of the court fees act, therefore the decision of the taxing officer is not final, and the question must be decided by the bench which hears the appeal.1. the facts are ..... decisions of former taxing judges of this court. as at present advised we are unable to accept these decisions. according to article 1 of schedule i to the court fees act, the court fee payable on objections, filed under order xli, rule 22, is to be calculated according to the amount or value of the subject-matter in dispute. there ..... appeal the court fee payable is an ad valorem court fee on the value of the subject matter of the appeal---see schedule. i, article 1, of the court fees act. we have, therefore, to consider, what was the subject matter of the cross objections in the court below and what was the value of that subject matter. there can .....
Tag this Judgment!Court : Allahabad
Reported in : (1914)ILR36All21
..... a much stronger one the only point taken before us is that the suit is barred, as regards the plaintiffs nos. 5 to 7, by the provisions of section 4 of act vii of 1889, because they are unable to produce a succession certificate for the collection of their share of the mortgage debt. the answer is that they have ..... debt due to all the heirs. this certificate gave him a personal right to sue; and such a right is expressly declared to be incapable of transfer. [section 6 (e) of act iv of 1882], besides farzand ali was only entitled to part of the mortgage; he could not therefore assign the whole mortgage debt. the actual decision of the ..... defect was cured by the fact that his tranaferor had received a certificate for the collection of the entire debt: the learned judges rightly point out that section 16 of the succession certificate act (no. vii of 1889) protects a debtor who makes a payment to the holder of a succession certificate, but contains no provision extending such protection to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All339
..... taken is, that the land in question is ancestral land and could only be sold by the collector after transfer of the execution of the decree to his court, under section 68 of the code of civil procedure, and that, therefore, the proceeding of the court below is entirety -without jurisdiction. on the issue remitted to the court below, that court ..... the court below through the amiu, of the land in question was entirely without jurisdiction, and under the law it was necessary for the court to transfer the decree under-section 68 of the code of civil procedure to the collector, who then alone would have jurisdiction to execute the decree and put the properly to sale. in this view, it .....
Tag this Judgment!Court : Allahabad
Reported in : (1914)ILR36All48
..... whether the suit as brought is one in respect of which the cognizance of a civil court is barred by the provisions of section 187 of the agra tenancy act (local act ii of 1901). under that section no court other than a revenue court can take cognizance of any dispute or matter in respect of which a suit or application ..... is laid down that a suit may be brought before an assistant collector of the first class exercising jurisdiction under that act for declaration as to any of the matters specified in section 95 of the act. referring back to section 95 we find that at any time during the continuance of a tenancy, either the landholder or the tenant may sue ..... think that in taking cognizance of this suit the civil courts would in substance contravene the provisions of section 167 of the tenancy act. they would be taking cognizance of a dispute or matter in respect of which a suit under the tenancy act might have been brought. on this finding we accept this appeal, and, setting aside the order .....
Tag this Judgment!Court : Allahabad
Reported in : 32Ind.Cas.95
..... mortgage debts were substituted for the provisions of clause 8 of regulation xvii of 1806, and that consequently their suit having been brought within the period prescribed in section 31 of act ix of 1908, the suit was within time.2. we must mention here that both the events mentioned in the mortgage, which would give the mortgagee a ..... : in all rs. 19,000. the suit was instituted in august 1910, a few days before the expiration of the special period of grace allowed by section 31 of the limitation act, ix of 1908. this provision was passed in consequence of the injustice supposed to be likely to occur by reason of the decision of their lordships of ..... or more) of the events mentioned in the deed occurred. this mortgage seems more like a simple mortgage' within the definition of such a mortgage in section 58 of the transfer of property act than a mortgage by conditional sale. save for the words in clause 6, the mortgagor does not appear ostensibly to sell' the mortgaged property, words which .....
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