Court : Allahabad
Reported in : (1915)ILR37All13
..... 1907, executed the promissory note sued on.' now suppose that the plaintiffs, after having delivered to the defendant a copy of this plaint as the compliance with section 48 of the court of wards act, and suppose that prior to the filing of the plaint they had come to the conclusion that they could not succeed on the basis of the promissory ..... the court should think just. the reason would be that the amendment allowed the introduction of a new cause of action and the defendant was entitled under section 48 of the court of wards act to two months' notice in writing before a suit on foot of the new cause of action was instituted. see mclnerny v. the secretary of state ..... the appeal.3. before the institution of the suit the plaintiff served a notice on the court of wards in order to comply with the provisions of section 48 of the court of wards act, which provides that 'no suit relating to the person or property of any ward shall be instituted until after the expiration of two months after notice .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All242; 25Ind.Cas.611
..... between the parties in connection with their mortgage just as completely as they would have been determined in a suit under the transfer of property act after that act came into force. under sections 7 and 8 of the bengal regulation xvii of 1806 when once the mortgagor had paid into court, within the year of grace allowed him ..... proceedings in the present case had taken place after the 1st of july 1882, the mortgagee would presumably have obtained a preliminary decree in the terms of section 86 of act iv of 1882. the predecessors-in-title of the present plaintiffs would have paid into court within the period limited by the decree the sum found by ..... their favour as extinguishing the rights of the mortgagee and giving them right to be put into possession of the mortgaged property under the provisions of section 87 of the same act. it can scarcely be denied that under these circumstances no subsequent suit for redemption could have been brought by these mortgagors or their successors-in-title .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All408; (1915)ILR37All12
..... parties, and all that can be taken exception to is the last line of his decree, dated the 30th of march, 1912. the proceedings originally were brought under section 95 of the tenancy act, which provides that at any time during the continuance of a tenancy either the land-holder or the tenant may sue for a declaration as to any of ..... by agreement of the parties or by the court. it seems to us quite clear that it was never intended that the court in proceedings under section 95 was to fix the amount of rent. under section 95 it. was intended that the court should ascertain what in fact was the rent payable, that is to say, if there was a dispute .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All491; (1915)ILR37All26
..... queen empress punj. rec. 1897 cr. j. no. 4. now it is certainly expedient that in all proceedings initiated under section 133 of the code of criminal procedure the magistrate should bear in mind that he is supposed to be acting purely in the interests of the public, and should be on his guard against any tendency to use this ..... section as substitute for litigation in the civil courts in order to the settlement of a private dispute. in the ..... me which would justify the conclusion that these hindu jurors were other than respectable and impartial residents of the neighbourhood and suitable persons to have been called upon to act as such; on the contrary, the silence of the applicant in revision justifies the opposite presumption. so far therefore from being prepared to hold that the magistrate's .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All33
..... is an application in revision against an order passed by the learned district magistrate of bijnor, directing the twelve applicants to furnish security for keeping the peace under section 107 of the code of criminal procedure. one of the original applicants has since died and the petition has been prosecuted on behalf of the remaining eleven. i ..... justify this order is a finding that these applicants were likely to commit a breach of the peace or disturb the public tranquility, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility. these provisions have been interpreted by this court in a number of rulings, beginning ..... in respect of these persons that they are likely themselves to commit a breach of the peace, themselves to disturb the public tranquillity, or to do any wrongful act which may occasion such breach of the peace or disturbance? indeed, i may put this point even more strongly, and ask myself whether, apart from any question .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All41
..... was set up in defence, showing that under the circumstances of its execution it was not binding upon him. as that course might have been adopted, the provisions of section 95 of rent act apply, and the civil court could not entertain the suit so far as the setting aside of the lease was concerned.'6. we allow the appeal, set aside ..... revenue court could not have tried the subsequent suit. in that case, (which was no doubt somewhat similar to the case now befores us), the provisions of sections 95 and 167 of the tenancy act were not referred to or considered.5. in the case of rai krishn chand v. mahadeo singh weekly notes 1901 p. 49, the principle which we ..... brought in the revenue court and that therefore the matter cannot be said to be res judicata. on the other hand, the defendant relies on sections 95 and 167 of the tenancy act, ii of 1901. section 95 provides that a suit can be brought either by the tenant or the landholder for a declaration of various matters connected with the tenancy, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All371; (1915)ILR37All59
..... contended that the lease took effect from the date on which it was executed. the decision of the question depends on the construction of sub-section 3 of section 97 of the tenancy act. that sub-section runs as follows : 'such instrument shall thereupon be as valid as if it had been registered under the law for the time being in ..... me also that the procedure regarding the presentation of a document for registration stands on an entirely different footing from such a provision as that contained in section 47 of the registration act, i.e., that a document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or ..... no small difficulty in coming to a decision. the argument on which considerable stress was laid on behalf of the appellant that, if documents endorsed under section 97 of the tenancy act are held to operate from the date of their execution, the result will be to open a wide door to fraud, in the absence of any provisions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All220(2); (1915)ILR37All65
..... say whether the learned judge means that he receiver should take over the decrees, or that he should take over the property purchased by bansidhar.2. section 36 of the provincial insolvency act certainly has no bearing on the case, for there was no transfer by the insolvent within two years before the adjudication. it follows that bansidhar ..... act contains no such provision as section 102 of the english bankruptcy act, which expressly empowers the bankruptcy court to decide 'all other questions whatsoever whether of law or fact which may arise in any case of ..... the possession thereof and make it over to the receiver.3. the learned vakil for the appellant contends that, if the case does not come within section 36 of the act, the receiver should be left to bring a separate suit. we cannot accept this contention. it is true that the indian provincial insolvency .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All76
..... the subordinate judge to receive such appeals, but did not give him any authority to hear them in the absence of an order under section 22 of the same act. section 22 is the section which empowers a district judge to transfer to any subordinate judge under his administrative control any appeals pending before him from decrees or orders ..... 7 o.c. 321 the late mr. scott and i held that a subordinate judge to whom appeals are preferred under a notification issued under section 18, sub-section (3), of the oudh act has jurisdiction to dispose of them. i am of the same opinion still. hundreds, if not thousands, of appeals have been disposed of by ..... him. an exactly similar question arose in oudh in 1903. in the oudh civil courts act, (xiii of 1879) there is a provision similar to section 21, sub-section (4) of the bengal civil courts act. under section 18, sub-section (3), of the oudh act, the judicial commissioner may from time to time with the previous-sanction of the local government .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All72
Chamier and Piggott, JJ.1. A suit brought by the respondent, Babu Ram, for possession of movable and immovable property was settled by an agreement dated the 17th of November, 1906, and duly registered, whereby the property then in suit was charged with the payment of an annuity of Rs. 200 to Babu Ram. In 1908 Babu Ram obtained a decree for arrears of the annuity against Brij Mohan, father of the respondent Badri, and in execution thereof part of the property, namely, a birt jajmani, some old books containing the names and genealogies of the clients (jajman) and a flag were brought to sale. The birt jajmani and the books wore purchased by Babu Ram himself and the flag was purchased by the appellant Ganesh.2. The appeal now before us arises out of a second suit brought by Babu Ram for recovery of further arrears of the annuity by sale of the movable and immovable property charged by the agreement of 1906. Brij Mohan (since deceased) and his son, the respondent Badri, were impleaded as t...
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