Court : Allahabad
Reported in : 6Ind.Cas.568
..... preferred and the judgment of their lordships of the privy council was delivered by lord hannen, who in the course of his judgment sets out the defence raised by the defendants, namely, amongst others, 'that as the marriage took place at lucknow the contract of dower was regulated by the usages and customs of oudh and that by those usages and customs the agreed amount of dower, if excessive, might be reduced by the court to an ..... additional judge came to the conclusion that inasmuch as the marriage contract was entered into in lucknow, he had jurisdiction to administer the law provided by the oudh laws act, act xviii of 1876. ..... decision this appeal has been preferred and the contention before us is that the learned additional judge of meerut had no jurisdiction whatsoever to administer the provisions of the oudh laws act, and had no authority to reduce the dower fixed on the occasion of the marriage. ..... further point out that the act xviii of 1876, is stated in the preamble to be 'an act to declare and amend the laws to be administered in oudh. ..... held by the court of first instance that the question of the amount of her dower was one determinable without reference to the usage having the force of law in oudh, which renders dower reducible in certain cases by the court, and that the place of the celebration of the marriage did not make this law applicable. ..... were married at lucknow, where the plaintiff resided at the time of her marriage, and the marriage contract was entered into at lucknow. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1917All220; (1917)ILR39All612
..... september, 1916, and to put in written statements of their respective claims stating the fact of the actual possession of the subject of dispute, it has not been suggested that the order was not properly served as required by law, and it may be taken therefore that the notices were originally issued in respect of about 4 bighas 19 biswas of land in jafar khani; but the magistrate, on reading the written statement and petitions of matukdhari singh, ..... when a magistrate having jurisdiction in this behalf with great care and precision laid the proper foundation for his proceedings under chapter xii of the code of criminal procedure, then, by the amendment which was introduced by the code of criminal procedure (1898) into section 435, this court had no power to call for record of these proceedings. ..... jaisri was in possession at the date on which he issued his order of the 8th of september, 1916, and he issued an order declaring jaisri to be entitled to possession thereof until evicted therefrom in due course of law [and forbidding all disturbance of his possession until such eviction (vide his order, dated the 7th of december, 1916).2. ..... as the law at present stands, where the proceedings below are in intention, in form and in fact proceedings under chapter xii of the code of criminal procedure by a magistrate duly empowered to act under that chapter, this court has no power to send for those proceedings either under the code or under section 15 of the indian high courts act of 1861. .....
Tag this Judgment!Court : Allahabad
Reported in : 41Ind.Cas.652
..... held that when a magistrate having jurisdiction in this behalf with great care and precision laid the proper foundation for his proceedings under chapter xii of the code of criminal procedure, then by the amendment which was introduced by the cede of criminal procedure (1898) into section (sic)35 this court had no power to call for the record of those proceedings. ..... the proceedings in all criminal cases other than those brought before this court in the exercise of its ordinary original criminal jurisdiction shall be regulated by the code of criminal procedure or by such further and other laws in relation to the code of criminal procedure as may have been or may be made by the governor-general in council' (see page 147) another division bench of this court in syeda khatun v. ..... learned magistrate decided that jaisri was in possession at the date on which he issued his order of 8th september 1916, and he issued an order declaring jaisri to be entitled to possession thereof until evicted therefrom in due course of law and forbidding all disturbance of his possession until such eviction (vide his order, dated the 7th of december 1916).2. ..... as the law at present stands, where the proceedings below are in intention, in form and in fact proceedings under chapter xii of the code of criminal procedure by a magistrate duly empowered to act under that chapter, this court has no power to send for those proceedings either under the code or under section 15 of the indian high courts act of 1861. .....
Tag this Judgment!Court : Allahabad
Reported in : (1918)ILR40All393
..... it is a consolidating and amending act, replacing the english acts of 1818 and 1851, relating to marriage in india, and the indian acts of 1852, 1865 and 1866, dealing with the same ..... of 1872 was an act to consolidate and amend the law relating to the solemnization in india of the marriages of christians. ..... the wider question, as to the real ambit of section 68 of the indian christian marriage act of 1872, is really involved in what we have decided and i propose to state my views about it for the following ..... holding as i do that maha ram was not a christian at, the time of this marriage, it follows that no offence under the act was committed on the 3rd of june, 1917, either by the so-called principals mangli and bachhan or by the abettor maha ..... the object of the act is not to prevent people marrying as they wish, but to enable them to protect themselves and their posterity by a lawful and binding marriage if they wish to be married as ..... the result seems that, at present according to the law in madras, a valid hindu marriage maybe a criminal offence, both on the part of the principals and on the part of those who ..... act is to be called the indian christian marriage act, and in my opinion it deals with christian marriages, and christian marriages ..... is confined solely to the persons who solemnize the marriage, and the act makes it criminal for a person to solemnize a marriage who is not authorized by section 5 to do ..... future such marriages can only be lawfully effected under this act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1918All168; 45Ind.Cas.519
..... it is a consolidating and amending act, replacing the english acts of 1818 and 1851 relating to marriages in india, and the indian acts of 1852, 1865 and 1866 dealing with the same ..... of 1872 was an act to consolidate and amend the law relating to the solemnisation in india of the marriages of christians. ..... holding as i do that maha ram was not a christian at the time of this marriage, it follows that no offence under the act was committed on the 3rd of june 1917, either by the so called principals managli and bachhan or by the abettor maha ram ..... the object of the act is not to prevent people marrying as they wish, but to enable them to protect themselves and their posterity by a lawful and binding marriage if they wish to be married as ..... the result seems that, at present according to the law in madras, a valid hindu marriage may be a criminal offence, both on the part of the principals and on the part of those who celebrate ..... is confined solely to the persons who solemnize the marriage, and the act makes it criminal for a person to solemnize a marriage who is not authorized by section 5 to do so ..... omitting section 68 for the moment, every other offence dealt with is an act done which the act requires to be done, and which is done either by a person lawfully authorized but by unlawful means, or by lawfullyl means by an unauthorised person ..... of 1872 was intended to penalise marriages other than those intended to be or purporting to be marriages under the indian christian marriage act, 1872. .....
Tag this Judgment!Court : Allahabad
Reported in : (1920)ILR42All433
..... whole of the property which then remained to him with the intention of defeating or delaying his creditors, except those for whose payment he made provision, that also would have been an act of insolvency under section 4, and no transferee under such a deed could take any title against the receiver if an interim order of adjudication were made. ..... all the difference between the provisions of the english law and the provincial insolvency act, which appears to have troubled the madras high court, but it does not matter, as the view which we take is the view which was always taken from the earliest days in the administration of the bankruptcy law for reasons inherent in the policy of the bankruptcy law, some of which are contained in the judgment ..... these matters have not been gone into because the adjudication appears to have proceeded upon an altogether different act of insolvency, anterior in date, and the circumstances explain, and in our opinion justify, the course taken by the ..... 21st of march, 1919, and on the 25th of march, the present applicant, the receiver, applied to set aside the transfer both under sections 36 and 37 and by a supplementary application or amendment of his original application made on the 24th of april, under section 16.3. ..... sub-section (6) contains a provision which is familiar in the english bankruptcy law and which dates as far back at least as the year 1869, that an order of adjudication shall relate back and take effect from the date of the presentation of; .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1920All153; 55Ind.Cas.941
..... the whole of his property which then remained to him with the intention of defeating or delaying his creditors except those for whose payment he made provision, that also would have been an act of insolvency under section 4, and no transferee under such a deed could take any title against the receiver if an interim order of adjudication were made. ..... all the diffirence between the provisions of the english law and the provincial insolvency act, which appears to have troubled the madras high court; but it does not matter, as the view which we take is the view which was always taken from the earliest days in the administration of the bankruptcy law for reasons inherent in the policy of the bankruptcy law, some of which are contained in the judgment of ..... these matters have not been gone into because the adjudication appears to have proceeded upon an altogether different act of insolvency anterior in date, and the circumstances explain, and in our opinion justify, the cours taken by the ..... 2st of march 1919 and on the 25th of march the present applicant, the receiver, applied to set aside the transfer both under sections 36 and 37 and, by a supplementary application or amendment of his original application made on the 24th april, under section 16.3. ..... sub-section 6 contains a provision, which is familiar in the english bankruptcy law and which dates as far back at least as the year 1869, that an order of adjudication shall relate back and take effect from the date of the presentation of .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All489
..... we do not think that the effect of this amendment has in any way altered the result or the nature of the inquiry under section 287 of the old code of civil procedure. ..... in our opinion the rule of law laid down in shib kunwar singh v. ..... 418 is no longer good law. ..... the first contention raised on his behalf is that, having regard to the provisions of order xxi, rule 68, of the code of civil procedure (act no. ..... in this appeal is whether a purchaser at auction who has purchased certain property is entitled to dispute the validity of a mortgage which was notified in the sale proclamation prepared under order xxi, rule 66, of the code of civil procedure (act no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All79; 63Ind.Cas.395
..... the first contention raised on his behalf is that having regard to the provisions of order xxi, rule 66 of the code of civil procedure (act v of 1908), the auction purchaser is precluded from challenging the validity or correctness of the mortgage in his favour it is contended that there has now been a change in the procedure to be followed in execution proceedings in this matter and that ..... we do not think that the effect of this amendment has in any way altered the result or the nature of the enquiry under section 287 of the old code of civil procedure. ..... in a suit brought on, the basis of the mortgage, there seems to be nothing to warrant us in holding that he cannot enforce the same when he is suing for possession of the property which he has purchased at; auction, in our opinion the rule of law laid down in shib kunwar singh v. ..... (1906) 68, is no longer good law. ..... in this appeal is whether a purchaser at auction who has purchased certain property is entitled to dispute the validity of a mortgage which was notified in the sale proclamation prepared under order xxi, rule 66 of the code of civil procedure (act v of 1908). .....
Tag this Judgment!Court : Allahabad
Reported in : 88Ind.Cas.255
..... both under the hindu law and under section 22 of act i of 1869 subsequently enacted the heir of saltanat bahadur singh was the same; and no question of diverting the succession from him by the application of section 22 of act i of 1869, as amended by section 21 of the oudh estates amendment act to the estate of saltanat bahadur singh could, ..... , which was inserted by the oudh estates amendment act, 1910, a power is given to a taluqdar or grantee or his heir or legatee to declare that any immoveable property situated in the united provinces, in which he has a separate permanent heritable and transferable right, shall be a part of his estate for the purposes of the act, but that provision has no retrospective effect ..... indeed, there was no provision before the above amending act was passed under which immoveable property subsequently acquired, otherwise than by a special grant of the british government burdened with such conditions, could be made descendible as if it were a part ..... it includes certain estates not confiscated by the government, others specifically granted by it, and those obtained under a taluqdari sanad granted after the 1st april 1858 and before the passing of the act i of 1869, or held under a summary settlement made between the 1st day of april, 1858, and the 10th day of october, 1859, inclusive of any other property for which a decree may have ..... saltanat bahadur singh left at his death only one son, bajrang bahadur singh, then a minor, and two marriageable daughters. .....
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