Court : Allahabad
Reported in : 28Ind.Cas.677
..... the same reasons were put forward; but an additional and more serious argument was advanced, namely, that a suit of this character is not maintainable at all. section 95 of the transfer of property act has been discussed in several cases in this court and it has been held that in the case of a mortgage made without delivery of possession, one ..... in redeeming the mortgage. (i am assuming, of course, for the present that the whole of the money paid to the mortgagee was found by the plaintiff). the construction of section 95 advocated by the defendants in his case appears to me to put a high premium on violence. their argument comes to this, if one of several mortgagors redeems a .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All289
..... to aim at the restriction of any trade. it is very hard to say that cocaine could be considered to be an 'explosive' or a 'dangerous, filthy, noxious or deleterious substance' within the meaning of the section. no doubt the abuse of cocaine may be followed by very serious consequences, but this, it seems to us, is not ..... henry richards, c.j. and pramada charan banerji, j.1. ismail khan has been convicted under section 60a of the excise act and under section 61 read with section 70 of the post office act. on conviction on the first charge he was fined rs. 200 and on the second one rs. 100, the learned sessions judge, to whom ismail khan ..... therefore, that the accused was wrongly convicted of an offence under the post office act. we think, however, that the sentence under section 60a of the excise act was inadequate. we, therefore, set aside the conviction under section 70 read with section 61 of the post office act and acquit the accused of that offence and remit the fine. we enhance the .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All292
..... plaintiff, we find ourselves unable to hold that the evidence establishes beyond reasonable doubt that the mother actually came to such an agreement as is contemplated in section 62 of the contract act.10. the only evidence is the statement of lala juggi lal alone and the fact that after the separation whatever payments were made to the mother were ..... plaintiff's father deposited his money with them on the condition that interest would be payable and that the banker would repay the money on demand. article 59 of the act of 1877 applied to the case of money ' lent' under an agreement that it shall be payable on demand. article 60 referred to the case of money 'deposited' ' ..... that article 59 applied. personally we have doubts as to the correctness of the decision.16. article 60 was a new article and appeared for the first time in the act of 1877 and drew a distinction between money 'lent' and money 'deposited ' under an agreement that it shall be payable on demand. in the one case the time .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All309
..... first court held with the appellant but the lower appellate court accepted the contention of the respondents, hence this appeal.2. section 101 of the transfer of property act was referred to in the course of the arguments, but that section appears to apply only to the converse case of the owner of an encumbrance becoming the absolute owner of the property, though ..... prior incumbrance cannot set it up against his own mortgage see otter v. vaux (1856) 6 d.m. and g. 638, the dictum of chitty, j. in platt v. mendel (1884) l.r. 27 ch. d. 246 and bhaju chowdhury v. chunni lal (1906) 11 c.w.n. 284. like the general rule, this exception to it seems to us to ..... acquired and the ownership of the property the presumption is the other way, see johnson v. webster (1854) 4 d.m. and g. 474, mohesh lal v. mohunt bawan das (1884) l.r. 10 i.a. 62, adams v. angell (1876) l.r. 5 ch. d. 634, gokul das v. ram bakhsh (1883) i.l.r. 10 calc. 1035. it would .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All242; 28Ind.Cas.973
..... first court held with the appellant, but the lower appellate court accepted the contention of the respondents. hence this appeal.2. section 101 of the transfer of property act was referred to in the course of the arguments, but that section appears to apply only to the converse case of the owner of an encumbrance becoming the absolute owner of the property, though ..... . 235 : 6 de. g.m. & g. 638 : 26 l.j. ch. 128 : 3 jur. (n.s.) 169 : 5 w.r. 188 the dictum of chitty, j. in platt v. mendel (1884) 27 ch. d. 246 : 54 l.j. ch. 1145 : 51 l.t. 424 : 32 w.r. 918 and bhaju chaudhri v. chuni lal 11 c.w.n. 284 : 5 c ..... it is not easy to see why the words 'is or' were inserted in the section. there being no legislative provision on the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All272; 29Ind.Cas.980
..... be made on the date on which, the eighth instalment was payable, namely, on magh siidi puranmashi 1956, corresponding to the 14th of february 1900. jn this view section 25 of the limitation act has no application to a case of this kind.4. the learned counsel for the respondents relied on the case of latif-un-nissa v. dhan kunwar 24 ..... the bond in that case are not identical with those of the bond before us, and even in that case mr. justice ameer ali was of opinion that section 25 of the limitation act did not apply. he concurred with his learned colleague as there were doubts as to what the intention of the parties was under the document in that case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All360; (1915)ILR37All496
..... j. after the case had been argued before him he delivered the following judgment.chamier, j.16. this appeal was referred tome under section 98 of the code of civil procedure in consequence of a difference of opinion between the learned chief justice and mr. justice banerji. the ..... of their lordships render the decree any the less binding.14. it may be that the rule of res judicata, as enacted in section 11 of the code of civil procedure, is not strictly applicable, as the plaintiffs were not parties to the previous suit and ..... to whether or not authority to adopt had been conferred on the rani.6. the law of res judicata is set forth in section 11 of the code of civil procedure. it provides that 'no court shall try any suit or issue in which the matter ..... . 985, pertab narain singh v. triloki nath singh (1884) i.l.r. 11 calc. 186 at, harinath chatterjee v. mothur mohan goswami (1893) i.l.r. 21 calc. 8 at p. 17. it has been accepted and acted upon by all the high courts in this country. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All321; 29Ind.Cas.710
..... had been held rent free for generations, or at least for a period of a hundred years. he expressly pleaded in fact that he was entitled under section 158 of the tenancy act to be declared to be the proprietor of this land. the question whether upon these pleadings it can be said that a question of proprietary title has been ..... report, (8 a.l. j,,) refers to a different matter; but the report itself shows that the learned judges distinctly held that the provisions of section 177, clause (c), of the tenancy act did apply to a case in which the pleadings were substantially the same as those in the case now before me. i accordingly overrule the appellant's ..... 50 years and by two successors to the original grantee.' he accordingly declared the defendant, the holder of the said grant, to be the proprietor thereof under section 158 of the agra tenancy act. having allowed the appeal to this extent, he sent back the case to the court of the assistant collector in order that the matter might be finally .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All485
..... at the instance of prag dat, and to keep to the actual relevant challenges made in the course of these litigations), bhagwant and his two sons obtained an order under section 108 of the code of civil procedure, 1882, to have the decree of the 30th of april, 1897, set aside, on the ground that there had been insufficient service upon ..... on the 22nd of september, 1902, and bearing to apply to the present appellants, does not in fact apply to them.3. the circumstances of the case are these. in 1884, prag dat pande executed a mortgage over certain family property, of which he was himself manager, in favour of the predecessor in title of the respondents. he had two sons .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All338; 30Ind.Cas.546
..... is competent to give a declaration as to the existence or non-existence of a tenancy in accordance with the definition of a tenant in clause (5) of section 4 of the tenancy act. there is plenty of case-law on the side of the plaintiff. i may refer to the case of zubeda bibi v. sheo charan 22 a.w.n ..... defendants were in possession as tenants. if so, i think, the plaintiff is entitled to a declaration. the case is not covered by section 95, clause (6), of the tenancy act, which refers back to section 6 of the same act in which the different classes of tenants are specified. in any declaration, which the court may make it should certainly be ^careful not ..... as tenants and with regard to both the reliefs sought, it is suggested that the plaintiff could obtain appropriate relief by suing for a declaration under section 95, clauses (b) and (o) of the same act. it is clear from the written statement put in by the defendants in this case that any such suit on the part of the plaintiff in .....
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