Court : Allahabad
Decided on : Feb-25-1937
Reported in : AIR1937All472; 170Ind.Cas.121
..... of his house has no right to build upon it so as to take exclusive possession of it to the ouster of the zamindar, without his consent. the learned judge, therefore, has taken the correct view that there was no justification for the defendant to make this structure on the land without the permission of the zamindar. the finding ..... seeks a greater relief. it is not necessary for us to express any opinion finally in this case as to whether the suit is governed by article 120, limitation act, and not by article 144, which governs suits for immovable property not otherwise specially provided for, as in either case the suit is within time. we accordingly dismiss ..... purpose, and the plaintiff seeks the assistance of the court merely to get rid of the perversion. in my opinion, it has no application where the defendant's act, though it might also have resulted in the perversion of the user from the original specified purpose, really amounted to an ouster of the plaintiff from the property in .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-19-1937
Reported in : AIR1937All506
..... fact of the lower appellate court have not and could not be challenged before me. the learned civil judge who heard the appeal held that the application to the high court for proceedings under section 13, legal practitioners' act, was made maliciously and without reason, able and probable cause. it is clear from the findings that ramji ..... property, and the present proceedings in bankruptcy, although they are dissimilar to proceedings in bankruptcy under former acts, resemble them in this that they strike home at a man's credit and therefore i think the view of those judges correct who held in johnson v. emerson (1872) 6 ex. 329 that the false and malicious ..... presentation, without reasonable and probable cause of a bankruptcy petition against a trader, under the bankruptcy act, 1869, gave rise to an action for malicious prosecution.8. .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-1937
Reported in : AIR1937All552
..... want of legal necessity had been raised in the defence.7. a third party (maternal uncle of the sons of bhagwati sahai) had been appointed to act as guardian-ad-litem. the learned judge stated that he too was negligent because he did not put any defence on behalf of the minors. in our opinion these are not good grounds for ..... ability, then there will be no reason to hold that the mortgage decree should not bind the minors simply because their father had been appointed to act as guardian-ad-litem.6. the learned judge in his judgment gives some reasons why he considers that the fathers of the minor plaintiffs were negligent. at p. 12 he says:besides a ..... . we have already pointed out that in the present case after an appeal by the defendant had been presented to this court, an application was made to the learned judge of the court below asking that proceedings should be revived and that application has been granted. we are, however, doubtful whether having regard to the fact that the order .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-07-1937
Reported in : AIR1937All305
..... therein; and therefore the authority conferred by it cannot be exercised when dealing with other cases. i am quite unable to hold that the learned sessions judge had any power to order inquiry under this section when he is hearing an appeal under section 476-b.4. we next come to ch. 31 of the code, as to the ..... me that, where the subordinate court has made a complaint under section 476, it cannot, on reconsideration, withdraw the complaint already made. it is only the superior court acting under section 476-b, that can order the withdrawal of the complaint. it follows that section 476-b does not contemplate a power of remand in the appellate court ..... wide discretion in the matter of summoning and examining witnesses at any stage of any enquiry, trial or any proceeding under the criminal p.c. where such superior court is acting as a civil court hearing an appeal, section 107, civil p.c. similarly confers power to take additional evidence. section 428, which occurs in ch. 31, criminal p .....
Tag this Judgment!