Court : Allahabad
Decided on : Aug-01-1949
Reported in : AIR1950All85
..... from the date on which he discovers the fraud. if within that period he prefers a claim, there can be no question of the drastic consequences mentioned in section 13 of the act following against him.6. this, in our opinion, is sufficient to dispose of the point raised by the learned counsel in support of this appeal. the appellant ..... of fraud having been committed on the decree, holder in such proceedings is that the decree-holder acquires an extended period of limitation to prefer a claim under section 9 of the act. this period may even go beyond 30th november 1939, or the date on which the decrees are sent to the collector for execution. this was held in kishni ..... while affirming the finding of the execution court with regard to the judgment-debtor's fraud, took the view that the debt had in fact got discharged under section 13 of the act and that, therefore, it was not open to the decree-holder to apply for execution of the decree straightway in the civil court.4. the principal question .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-1949
Reported in : AIR1950All89
orderseth, j.1. this is a plaintiff's application in revision under section 25, provincial small cause courts act. the plaintiff sent five consignments of green chillies from mathura to ahmedabad. the consignee were messrs. lalobhai chhagan lal. the consignments were not delivered by the railway company to the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All56
..... and that a further ad valorem court-fee is payable oil this amount of rs. 13,200. the finding of the court is based on the ground that section 7 (ii) (a), u. p. court-fees act, read with the proviso to it, is applicable to the present case.4. it is contended by the learned counsel for the appellant that this ..... no force in this contention.5. section 7 (ii) (a), u. p. court-fees act is, divisible into two portions. the first portion, describes the nature of the suit to which it, applies; the second portion describes the method in which the subject-matter ..... section does not apply to the present case, and that the court-fee is payable in accordance with article 17 (vi) of schedule ii, court-fees act, because, the learned counsel contends, this relief is incapable of valuation. in my opinion, there is .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All77
..... p-2 and p 9. under these circumstances, the entire case could not have been covered by merely framing a charge of abetment and a charge of conspiracy under section 120b against all the five opposite parties was properly framed.10. i would therefore, allow this revision and set aside the order of the assistant sessions judge, dated ..... of the jury is returned or the opinions of the assessors are expressed.5. the contention, on behalf of the opposite parties, is that the word 'alter' in section 227, empowers the assistant sessions judge even to withdraw a charge and that, even if such power is not there, the assistant sessions judge, in this, case, merely ..... observations were made by the court that it was not proper to frame a charge under section 120b in the circumstances of those cases. the reason for those observations appears to be this. in these cases, the conspiracy was to commit a single act. the persons concerned could have been charged with actual commission of the offence or with .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1949
Reported in : AIR1950All54
..... respect of the offerings for a particular period. it should be noted that the receiver was not the receiver in insolvency but was a receiver appointed in a proceeding under section 145, criminal p. c. the official receiver desired this amount to be paid to him claiming it to belong to the estate of the insolvent madan lal. bhagwant kishore and .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-05-1949
Reported in : AIR1950All87
..... debtor, but the question that has to be determined, is whether he is a debtor also within the meaning of the act. this word has not been defined in the act. although 'debt' has been defined in section 2(8) to include a pecuniary liability except a liability for unliquidated damages, the contention of the learned counsel for the ..... subject to some pecuniary liability is to be regarded or not to be regarded to be a debtor. section 4 of the act, however, is helpful in solving this problem. this section enables a landlord to apply for the benefits of the act, and divides landlords into two categories, the first category being of landlords who are subject to private ..... purchased by him was not liable for the payment of the debts of the applicants under the encumbered estates act. his claim was allowed in the year 1944. mohan lal then applied under section 9(5), encum-bered estates act, praying that the debt due to him be apportioned between the landlord applicants and gokaran singh, and that .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-05-1949
Reported in : AIR1950All53
..... , namely, the other vendees from lokan singh, tara singh and others, or to get the debt apportioned between himself and the other vendees under section 9(5)(a), encumbered estates act. in the result the entire amount due to prithi raj singh was realised from sheodan singh. thereafter the present suit was tiled by sheodan singh ..... for contribution under section 82, transfer of property act.3. the suit was resisted by the defendant-respondents and their main ground was that as sheodan singh had failed to get the debt apportioned ..... between himself and his co-debtors in the proceedings under the encumbered estates act, he could not maintain the suit for contribution under section 82, transfer of property act. there were other issues also raised, but the courts below have dismissed the suit on the ground that it was .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All55
orderseth, j.1. this is a revision by the chief inspector of stamps under section 6b, court fees act. a suit was brought for maintenance by a widow (sic) under forma pauperis and no court-fee was paid. the defendant husband appealed to the lower appellate court. he paid ..... court-fee on the amount payable for one year to the plaintiff in accordance with the proviso to section 7(ii)(a). the stamp authorities objected to this amount ..... -fee payable in appeals arising out of such suits as distinct from the article providing for the payment of court-fees in the suit in such cases. there is, however, section 2(iv) according to which 'suit' includes a first or second appeal from a decree in a suit. applying the aforesaid definition of suit, if we substitute 'first appeal from .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All60
..... claim possession accrues. this case, however, has no application to the present case which is not a suit of this description. it is an application under section 12, u. p. agriculturists relief act. under this section only an application for possession by redemption can be made. indeed this is the precise relief claimed in the application. the plaintiff-applicant having chosen to put ..... orderseth, j.1. this is an application in revision against an appellate order arising out of a case under section 12, u. p. agriculturists relief act. the court of first instance granted the application for redemption. the appellate court has agreed with the court of first instance on almost every point except on the question of .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All100
..... 1914 cal. 22: 14 cr. l. j. 673), the calcutta high court interfered in the exercise of its revisional jurisdiction when the warrant did not fulfil the requirements of section 7, extradition act.20. in the case of gulli sahu v. emperor, 42 cal. 793 : (a. i. r. (2) 1915 cal. 426: 16 cr. l. j. 31), ..... the district magistrate of agra. later, the district magistrate of agra also released him on bail.3. on 15th january 1947 the opposite party applied under section 8a, extradition act, 1903, to the district magistrate of mathura praying that a recommendation be made to the central government to cancel the warrant issued by the political agent. ..... his contention is that the learned magistrate had a jurisdiction to order investigation into the case.4. while the application of the opposite party made under section 8a of the said act was pending before the district magistrate of mathura, the opposite party moved an application before the additional district magistrate, agra, on 20th january 1947 .....
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