Jiwa Lal and Others Vs Magni Ram and Another
.... urst, Mahmood and Duthoit, JJ.@mdashThis appeal cannot, proceed u/s 622 of the Civil Procedure Code, because the Privy Council has decided in Amir Hassan Khan v. Sheo Bnkhsh Singh ILR Cal. 6 that only questions relating to the jurisdiction of the Court can be entertained under that section. The appe ...
Allahabad High Court
Kauleshar Panday Vs Girdhari Singh and Another
.... the suit relates 19 sir-land. This is land in respect of which no occupancy rights can be created except by contract. The plaintiff contends that he granted a lease of the land to the defendants. The question is, whether the land is sir-land, and the defendants are the plaintiff''s lessees. The que ...
Allahabad High Court
Surta and Others Vs Ganga and Others
.... dants appealed to Mr. H.G. Keene, at that time District Judge of Saharanpur, who, on the 4th May 1882, passed a decree, in which he clearly said that he dismissed the appeal with costs. No appeal from this decree was filed, though I should say that a second appeal would lie, u/s 584 of the Code. But ...
Allahabad High Court
Miller Vs Phuchand and Others
.... ight of the previous day, the 11th March, the creditor, the impending bankruptcy of the insolvents having become known, urged the latter to make over a part of their stock-in-trade as security for the debt, and to this, the insolvents consented. Now, was this a voluntary transfer? because if it were ...
Allahabad High Court
Bandhu Naik Vs Lakhi Kuar and Another
.... menced by the Subordinate Judge, and the suit was then transferred by the District Judge to his own file u/s 25 of the Civil Procedure Code. By that section the District Judge had power to transfer and try it. But inasmuch as the evidence was not taken before the District Judge, we do not think that ...
Allahabad High Court
Nand Ram and Another Vs Fakir Chand
.... e State has established. Those tribunals can only delegate the powers conferred on them by the Legislature if, and in so far as, the Legislature expressly authorizes them to do so. It is obvious that if a Court has jurisdiction to deal with a particular suit, it may delegate that power, but it canno ...
Allahabad High Court
Mahadei Vs Ram Kishen Das and Others
.... time, and it is obvious that neither of these powers can be exercised after the case has been decided and the Court has become functus officio. 5. But it is contended that Section 28 of the Court-Fees Act confers a power which the other sections to which I have referred do not, and that such powe ...
Allahabad High Court
Har Prasad and Another Vs Jafar Ali
.... "jurisdiction," as used by their Lordships of the Privy Council, is the most important word. 10. The word in its ordinary meaning simply means the legal power or authority of hearing and determining disputes for the purposes of administering justice, and in its broad legal sense it may be taken t ...
Allahabad High Court
Pragi Lal Vs Maxwell and Others
.... force. The loss which arises from the defendants being obliged to purchase coal in place of the wood not supplied was incurred on the 25th October 1879, and subsequently. The law of limitation applicable is Article 83, and limitation will run from the time when the plaintiff was actually damnified, ...
Allahabad High Court
Aziman Bibi and Another Vs Amir Ali and Others
.... which defines every mortgage as including a tranfer of an interest in the property hypothecated for the purpose of a security. A deed of conditional sale of this kind is a mortgage, and some interest in the property is transferred. This is sufficient to let in the right of pre-emption, and it is not ...
Allahabad High Court
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