Mt. Aisha Begam Vs Mt. Kundan Jan and Others
.... f the parties can be determined independently of the deed. So, even if the claim for the cancellation of the deed or for declaration that it is void is barred by limitation, the rights of the parties can still be determined independently of the same. In cases where a suit is brought for possession o ...
Allahabad High Court
Pt. Bhagwati Prasad Misra Vs Deputy Commissioner Barabanki, in Charge Court of Wards, Surajpur Estate
.... (2). of Section 19. The latter section refers back to the property mentioned in the notice u/s 11 and found to be liable to attachment, sale or mortgage in satisfaction of the debts of the applicant. The decree in favour of the Court of Wards- cannot be regarded as such property, and we can- not th ...
Allahabad High Court
Ganda Singh and Others Vs Kundan Singh and Others
.... s consequently dismissed. Learned Counsel for the plaintiffs-appellants urges that the imperfect partition could not affect the rights of the parties, but no sub-division of a mahal can be created otherwise than by imperfect partition. If there is a perfect partition, then the original mahal is brok ...
Allahabad High Court
Rafiqa Begam and Another Vs Aisha Begam
.... s an exaggerated valuation and has made the defendant liable to pay a sum of Rs. 10,000 in lieu of those goods. The plaintiff has submitted to the dismissal of her claim to the extent of rupees 4,707-14-0 under this head. The defendant in the appeal challenges the finding that any part of the proper ...
Allahabad High Court
Mst. Saidun-Nissa Vs Mohammad Yusuf and others
.... nami transaction cannot be set up in defence in a suit for pre-emption and has relied upon the case of Beni Shanker Shelhat v. Mahpal Bahadur Singh (1887) 9 All. 480. This case is not exactly in point but even if it were, I doubt whether it would be good law in view of the definition of the term ''c ...
Allahabad High Court
Kula Chandra Dutt Vs Emperor
.... umbered as Title Suit No. 2 of 1944. The petitioner alleges that the filing of this suit against the Provincial Government had just the opposite effect of what was intended by the plaintiffs. On 30th May 1944, during the petitioner''s temporary absence, the learned Sub-Divisional Magistrate of Deogh ...
Patna High Court
Garpati China Basava Satyanarayana Vs The Hindu Religious Endowments Board and Others
.... n examination of documents and depositions by the Court is not likely to result in a satisfactory disposal of the appeal. However, it was held in Patinhare Tarkat Rama Mannadiv. Vellur Krishnan Menon1, that if a pleader is present in Court but unable to argue the appeal, the party is nevertheless pr ...
Madras High Court
Deceased Thazhetheranjoli Kozhipro Achuthan Nayar's heirs and children Vola Veettil Kottapurath Janaki Amma and Another Vs Tazhetheranjoli Kozhipro Raman Nayar and Others
.... s become a legal marriage by statute. The only Act by which they claim that the union between their parents become a legal marriage is Act XXII of 1933. This Act, however, applies only to subsisting marriages. The very wording of Section 4(1).(b) ( iii) says so expressly. A union that has been termi ...
Madras High Court
Lal Behari Kurmi Vs Mahadeo Singh and Another
.... if he had been entitled to transfer his interest in his occupancy holding. A person who invokes the provisions of Section 12, Agriculturists'' Relief Act, must be considered to have come into Court on the assumption that the mortgage which he executed was valid and in these circumstances I do not th ...
Allahabad High Court
Furkan Ahamed Vs Bharat Chandra Biswas and Others
.... be redundant. The point, however, is settled by the decision of the Division Bench in the case of Subodh Chandra Maity v. Bidhu Bhutan Das Baxi 47 C. W. N. 543 (1943). All I propose to say now is that, if there ever is a case in which the two periods are separate, the party seeking to avoid limitati ...
Calcutta High Court
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