Court : Allahabad
Decided on : Feb-28-1949
Reported in : AIR1949All499
..... credit was not a loan, the subsequent mortgage deed was not to be held to be a transaction of loan within the meaning of that term under section 2 (10) (a), u.p. agriculturists' relief act. the same learned judge, however, sitting in a division bench in choudhury padam singh v. kunwar chandra raj saran singh : air1945all144 held as follows:the question ..... even press for an issue on the point-they are not entitled to get the benefit of chap. 5, u.p. agriculturists' relief act. they would, however, be entitled to the benefit of section 9, u.p. debt redemption act, that is, instead of interest being calculated at 6 per cent. with annual rests, they would be liable to pay interest at the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-03-1949
Reported in : AIR1949All564; 1949CriLJ868
..... come to know of his ejectment may be accepted as correct. that, however, does not mean that the proceedings for ejectment would be rendered invalid.9. under section 181, u. p. tenanoy act, eject, ment proceedings are to be made 'in accordance with the provisions of gode of the civil procedure, 1908. relating to the execution of decrees for ..... he did not know of the ejectment proceedings. the rule referred to by the learned counsel has been framed by the board of revenue with reference to section 181, u. p. tenancy act and is as follows:79. delivery of possession in execution of a decree or order for ejectment shall be made by the qurq amia who, on ..... of possession is to be made to the decree-holder. the board of revenue, however, have framed certain rules under the powers conferred upon them by section 293, u. p. tenancy act, this section runs as follows:the board may, with the previous sanction of the provincial government and after previous publication, make rules consistent with this .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-08-1949
Reported in : AIR1951All550
..... are, however, distinguishable because in both of them the claim had been entertained and decided.17. accordingly, i hold that in law no claim under section 11, encumbered estates act, was preferred or decided by the special judge. consequently, the appellants were not entitled to apply for the quashing of proceedings and the view taken ..... has contended that the question whether the claim was collusive or belated was wholly beyond the scope of the inquiry and that a claim under section 11, encumbered estates act, having been preferred and disposed of by the special judge, a fresh right accrued in favour of the landlords-applicants to get the proceedings ..... closed for the long vacation.4. then, on 3-7-1946, when the courts reopened after the vacation the landlords-applicants made another application, under section 20 of the act, praying for quashing of proceedings. the proceedings relating to liquidation of debts were pending at the time. the application was rejected by the special judge and .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-08-1949
Reported in : AIR1949All471
..... that the vendee can easily defeat the right of an intending co-sharer to claim substitution by preemption simply by inducing his vendor to postpone his seeking permission under section 24 of act xiv [14] of 1940 for over a year from the date of the transfer. in other words, the co-sharer, without any fault of his own, would be exposed ..... pre-emption suit, no permission under section 24 of this act has been granted, the court would be necessarily giving a decree for pre-emption in respect of a transaction which, in the eye of law, has not yet ..... there is no effective alienation in the sense that absolute title has passed on to the transferee from the transferor, and that must be the necessary effect of section 24 of this local act, it was still imperative for the pre-emptor to have brought a suit for pre-emption. in cases in which upto the date of the decree in the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-29-1949
Reported in : AIR1949All554
..... might have been possible for me to afford him some relief by setting aside that order on the ground that it was not a proper order as contemplated by section 20, encumbered estates act. having not made the deposit within thirty days of 2nd january 1947, and having not appealed against the order dated 14th december 1946, the appellant has, by his ..... some relief to the appellant. i would have held that the order dated 14th december 1946, was an incomplete order and became a complete order within the meaning of section 20 of the act on 2nd january 1947, when the amount of costs was ascertained. in that view it would have been possible to hold that the order for the payment of ..... . the order of the court below to the effect that the office will mention the costs in the formal order was, therefore, not a suitable order as contemplated by section 20 of the act. the office may take a very long time, as it did in the present case, in preparing a formal order; it may in a certain case take even .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-30-1949
Reported in : AIR1949All480
..... sale-consideration as urged by the learned counsel for the appellant) in the following circumstances.2. on 16th april 1936, the defendant-appellant applied under section 4, u.p. encumbered estates act, after which, on 21st april 1936, the proceedings were forwarded to the special judge under an order of the collector. later, on 9th june 1936 ..... ab initio in the present case, inasmuch was the sale-deed had been executed in violation of the imperative prohibition enjoined by section 7, encumbered estates act. learned counsel further argued that article 97, limitation act, had also no application, as it could not be said that the amount claimed had been paid to the vendor-defendant ' ..... respect of a part of the property which became the subject of the proceedings under the said act. on the basis of the deed, the vendees (respondents) laid a claim to the property purchased by them under section 11 of the act. this claim was rejected on the ground that the sale-deed having been executed after the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-30-1949
Reported in : AIR1952All618
..... who was primarily liable. here the legal representative becomes the j. d., because the decree was actually passed against him. so he is described as j. d., in sub-section (2), in section 50(2) the legal representative of a deceased j. d., is described as legal representative & not as j. d.4. the word 'j. d.' is used very frequently in ..... moving of the application also but since they would merge in the application for execution itself it is not necessary to consider them for the purposes of article 182, limitation act. only those fate is which are to be taken prior to the presentation of an application for execution & which will advance the execution, are steps-in-aid within the meaning ..... . d.; for instance, rules 2, 26, 42, 43, 46, 54, 60, 61, 66, 68, 79, etc. some of these rules require some act to be compulsorily done by the court in relation to the j. d.; as the act must be done, it must be done in relation to his legal representative when he is dead. in other words, the word 'judgment .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-1949
Reported in : AIR1949All493
..... their lordships of the judicial committee in court of wards v. ilahi bakhsh 11 a.l.j. 265 at p. 269 observed as follows:the punjab land revenue act 1887, act xvii of 1887, section 44, enacts that 'an entry made in the record of rights in accordance with the law, for the time being in force, shall be presumed to be ..... suit, his statement would not be binding on the remaining defendants or, for the matter of that, on the other members of his community. now para. 2 of section 18, evidence act, provides that:statements made by parties to suits, suing or sued in a representative character, are not admissions unless they were made while the party making them held that ..... of the government in setting aside land as an open graveyard for the musalman community in multan would be frustrated.to the same effect are the provisions of section 44, u.p. land revenue act, and they must consequently be given the same meaning.14. the entry of the word 'banjar,' therefore, was of no avail, and it only showed .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-18-1949
Reported in : AIR1952All633
..... alienate or charge the produce of such land otherwise than in accordance with the provisions of this act.'section 2, sub-section (9) runs as under:''permanent alienation' means a transfer by sale, exchange, or gift but does not include a transfer by gift for a charitable purpose or ..... invalid with respect to the fixed-rate tenancy, the decree of the lower appellate court is incorrect inasmuch as it has overlooked the provisions of section 25 of the act.3. section 12 of the said act reads as follows:'no proprietor shall mortgage or lease or make a permanent alienation of the whole or any part of his protected land or ..... the argument, on behalf of the applts. before me, is two-fold. in the first place, it has been urged that in view of section 2, sub-section (9) of u. p. act no. xiv [14] of 1940, section 12 would not apply to this deed of gift & therefore, the gift of fixed rate tenancy was also valid. in the alternative, it has .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-25-1949
Reported in : AIR1952All433
..... re veerdiah a. i. r. (36) 1949 mad.22 emphasis was laid on the duty of the court ofconsidering the evidence against each of theaccused separately in a case under section 147, penalcode, and giving a definite finding regarding thepersons and part played by each. in mohammadhussain v. emperor a.i.r. (32) 1945 nag. 116) thehigh court set aside the ..... abu turab protested andthat zaigham ali khan assumed the aggressiveand attacked him. so there was a fight betweenthe party of zaigham ali khan and that of abuturab and the latter acted in self-defence.4. the judgment of the learned sessions judgecovers three and a half pages. more than threepages are devoted to a statement of the case ofthe prosecution and ..... orderdesai, j. 1. the applicants were prosecuted alongwith abu turab under sections 147 325 and 323, penalcode. the trial court, s. d. m. sultanpur, convictedthe applicants and acquitted abu turab. theyappealed against that decision to the sessionsjudge of fyzabad who refused to .....
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