Court : Allahabad
Reported in : (1916)ILR38All276
..... interfere. i have not the least doubt that the husband did intend that the accused should be prosecuted for an offence under section 498 and that he made an allegation before the magistrate that the offence should be inquired into. i am not prepared to ..... queen-empress v. kangla (1900) i.l.r. 23 all. 82, in which the accused was charged with an offence under section 457 with intent to commit theft. it was proved to the satisfaction of the magistrate that the accused did enter the house of ..... punished. it is contended that this statement made in the deposition cannot be regarded as a complaint and that no case under section 498 can be entertained unless and until there is a complaint made by the husband of the woman or in his absence by ..... the record i find that the case brought before the courts was a case in which bhawani dat was charged with an offence under section 366 of the indian penal code. the husband was not a complainant; apparently the police took up the case; but the husband .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All307; 32Ind.Cas.664
..... interfere. i have not the least doubt that the husband did intend that the accused should be prosecuted for an offence under section 498 and that he made an allegation before the magistrate that the offence should be inquired into.5. i am not prepared ..... another case of this court, queen-empress v. kangla 23 a. 82, in which the accused was charged with an offence under section 457 with intent to commit theft. it was proved to the satisfaction of the magistrate that the accused did enter the house of ..... punished. it is contended that this statement made in the deposition cannot be regarded as a complaint and that no case under section 498 can be entertained unless and until there is a complaint made by the husband of the woman or in his absence by ..... record i find that the case brought before the courts was a case in which bhawani datt was charged with an offence under section 366 of the indian penal code. the husband was not a complainant; apparently the police took up the case but the husband .....
Tag this Judgment!Court : Allahabad
Reported in : (1916)ILR38All260
..... chapter no. 3 was reserved headed 'rights of persons in possession' i.e., hukuh-i-kabizan. the reason of this separation is obvious when we examine section 62 of the act xix of 1873, the revenue act which was then in force in these provinces. it directed the settlement officer to frame for each mahal a record containing a list of-(a) all ..... for the revenue of the resumed muafi. they agreed to collect it on behalf of government and to pay it into the treasury when they paid their own. section 141 of the revenue act says : in the case of every mahal the revenue assessed thereon shall be the first charge on the entire mahal and on the rents, profits or produce ..... is therefore clear that the owners of the mahal and the mahal itself with its rents, profits and produce are in no way responsible to government under sections 141 and 142 of the revenue act (iii of 1901), for the revenue of the resumed muafi, even though the lambardar of the mahal may have agreed with government in 1840, to collect .....
Tag this Judgment!Court : Allahabad
Reported in : 33Ind.Cas.23
..... no. 3 was reserved headed 'rights of persons in possession' i.e., hukuk-i-kabizan.39. the reason of this separation is obvious when we examine section 62 of act xix of 1873, the revenue act which was then in force in these provisions. it directed the settlement officer to frame for each mahal a record containing a list of:(a) all the ..... for the revenue of the resumed muafi. they agreed to collect it on behalf of government and to pay it into the treasury when they paid their own. section 141 of the revenue act says: 'in the case of every mahal the revenue assessed thereon shall be the first charge on the entire mahal and on the rents, profits or produce thereof ..... , therefore, clear that the owners of the mahal and the mahal itself with its rents, profits and produce are in no way responsible to government under sections 141 and 142 of the revenue act (iii of 1901) for the revenue of the resumed muafi even though the lambardar of the mahal may have agreed with government in 1840 to collect the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All287; 35Ind.Cas.230
..... is quite plain that one decision at any rate, namely, that no order under the section is appealable, goes too far. it was not necessary for the decision which was come to in that case to say what the court said, and to that extent it ..... . for my own part i do not propose to add to the existing confusion by attempting to lay down any general principle as to the right of appeal under this section. the effect of laying down general propositions beyond the facts of the particular case which a court has to decide invariably leads to conflict of authorities and to confusion. it ..... be precluded from appealing to this court against that decision, in view of the definition of the word 'decree' given in the present code of civil procedure, section 2 (2), and the reference to section 47 of the same code made in the said definition. it seems to have been taken for granted in the madras and other cases referred to above .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All266; 35Ind.Cas.279
..... it was also, and in my view rightly, said that upon a matter where the evidence was in writing and uncontradicted, he had decided in disobedience to section 9 of the tenancy act. where two complaints of that kind occur, i think there is sufficient ground as a general rule for this court to interfere in revision, upon the ground ..... is one of considerable difficulty, i am, as at present advised, of opinion that it would be doing violence to the words of the last clause of section 167 of the tenancy act for this court to entertain the present application at all. in my view this court is a court other than a revenue court within the meaning of ..... and with much ability, namely, the question whether an application for revision from an order passed by the district judge in a second appeal determined by him under section 180 of the tenancy act is entertainable at all by this court. i desire, however, to place it on record that, after fully considering the arguments which have been addressed to us, .....
Tag this Judgment!Court : Allahabad
Reported in : (1917)ILR39All112
..... . section 68 of the evidence act provides that 'if a document is required by law to be attested, it shall not be used in evidence until one attesting witness at least has been called for the ..... question which we have to decide in the present appeal is as to whether or not the lower appellate court was justified in holding that the mortgage had been proved. section 59 provides that a mortgage can only be effected by a registered instrument signed by the mortgagor and attested by at least two witnesses ..... mortgage. once this evidence was given there was a presumption of the due execution of the document, which it jay upon the other side to rebut, see wright v. sanderson (1884) l.r. 9 p.d. 149. we think the decree is correct and should be affirmed. we dismiss the appeal with costs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All228; (1916)ILR38All292; 35Ind.Cas.275
..... and to hand over possession of the property. the subsequent transferee is also made a party under the terms of section 27 of the specific relief act and the two reliefs can be enforced as agair.st him by the plaintiffs. the suit, in my opinion, is ..... the cafe, for owe simple reason viz., when a vendor contracts to sell, he contracts, as laid down in section 55 of the transfer of property act, to execute a proper conveyance of the property to the buyer, tender it to him for execution at a proper ..... of the contract including possession of the property. the court-fee paid in the courts below was that calculated under section 7, clause v, of the court fees act, i.e., as in a suit for possession of land. a second appeal having been preferred by the plaintiffs ..... v. majlis rai 6 a. 231 : a.w.n. (1884) 42 the suit is in substance one for specific performance of a contract and falls prima facie under section 7, clause x, of the court fees act. i have no hesitation in accepting this as the true solution .....
Tag this Judgment!Court : Allahabad
Reported in : (1916)ILR38All339
..... context this is true. a judgement-debtor is a 'person', in such a case as this. moreover, the judgement-debtor in his application under section 47 is complaining of the same sort of act as an applicant under order xxi, rule 100, would have to complain of. but the moment it is realized that what the schedule to the ..... of article 165, his application would have to be dismissed because he is precluded from making an application of that description, and yet if he postpones applying under section 47 for more than thirty days, the language of the article is to be applied to him.12. if anything were required, outside the context in which the ..... clearly made under that section.4. on appeals being brought by both the decree-holders and the judgement-debtors, the district judge, holding himself, as we think quite properly, bound by certain authorities mentioned hereafter, decided that the judgement-debtor's application was time-barred, on the ground that article 165 of the limitation act applied to it, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All104; 34Ind.Cas.231
..... context this is true. a judgment-debtor is a 'person'; in such a case as this, moreover, the judgment-debtor in his application under section 47 is complaining of the same sort of act as an applicant under order xxt, rule 100, would have to complain of. but the moment it is realized that what the schedule to the ..... of article 165, his application would have to be dismissed because he is precluded from making an application of that description, and yet if he postpones applying under section 47 for more than 30 days, the language of the article is to be applied to him.12. if anything were required, outside the context in which the ..... clearly made under that section.4. on appeals being brought by both the decree-holders and the judgment-debtors, the district judge, holding himself, as we think quite properly, bound by certain authorities mentioned hereafter, decided that the judgment debtors' application was time-barred, on the ground that article 165 of the limitation act applied to it and .....
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