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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1939

Dec 07 1939 (PC)

Bhagwati Prasad Vs. B.B. and C.i. Railway

Court : Allahabad

Decided on : Dec-07-1939

Reported in : AIR1940All235

..... as regards the liability of the defendant for a contract entered into by his agent, it is enough to say that the agent, did not act within the scope of his authority when he informed the plaintiff that the fare would be rs. 275. in halsbury's law of england, vol. 22, hailsham edition, para. 390, p. ..... in this country the cases between carriers by rail and other parties are to be governed with reference to the contract act and the railways act. in the present case the defendant company pleaded that the information given by their servant to the plaintiff was incorrect and that when the plaintiff went to the railway station to ..... 23 of the coaching tariff, to which a reference has already been made, is a clear notice to the passengers that the railway company will have a right to correct any charges that may have been incorrectly made and to recover undercharges from whatever cause arising. under the law i think it will be implied that ..... as regards fares, etc., are to be found in the coaching tariff. rule 23 of the coaching tariff of the defendant company says:the railway reserves the right to correct any charges that may have been incorrectly made and to recover undercharges from whatever cause arising.4. this puts the plaintiff out of court at once. ..... the railway company were entitled to get under the rules made in their coaching tariff. they had, as i have already pointed out, full right to do so. for the reasons given above i am of opinion that the suit against the railway company was .....

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Sep 13 1939 (PC)

Asharfi Lal and anr. Vs. Zamir Fatima Bibi and ors.

Court : Allahabad

Decided on : Sep-13-1939

Reported in : AIR1940All29

..... the redemption of a mortgage by conditional sale made on 7th august 1872 by yusuf ali and ausaf ali in favour of ali asghar. we are informed by learned counsel appearing for the appellants that the corresponding hindi date for 7th august 1872 was sawan sudi 3, sambat 1929. the plaintiffs are ..... the present case as the question is whether a suit for redemption is or is not time-barred by article 148, limitation act. it appears to me that the right of the plaintiffs to redeem began in 1872 and was subject in the first place to the bringing of a suit for foreclosure ..... into an agreement laying down the clear 'stipulation to the contrary.' the general principle relied upon by the learned counsel, namely that the right to redeem and the right to foreclose are co-extensive, is therefore not applicable in the present case.22. learned counsel for the appellants has relied on the ruling ..... stated:ordinarily and in the absence of a special condition entitling the mortgagor to redeem during the term for which the mortgage is created the right of redemption can only arise on the expiration of this specified period, but there is nothing in law to prevent the parties from making a ..... point is not contested. the statutory provision in section 2 of regn. 1 of 1798 states that whatever the conditions are, 'however denominated', the statutory right exists for the lender on or before the date stipulated to make payment and obtain recovery of his land. the exact provision therefore in the document cannot .....

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Apr 28 1939 (PC)

Ranbir Prasad Vs. Sheobaran Singh

Court : Allahabad

Decided on : Apr-28-1939

Reported in : AIR1939All619

..... our notice and therefore our decision is liable to be reviewed. after having beard counsel we are not satisfied that we were misled by any wrong information, and for the rest the utmost that can be said is that a different view on certain questions of law is possible, but that is ..... the next point which we decided was that proceedings, attachments, processes and suits mentioned in clause (a) and (b) of section 7, encumbered estates act, are proceedings, attachments, processes and suits against the landlord in respect of debts and the landlord himself is not necessarily under any disability for taking proceedings ..... means until a regular document had been executed. the contention on behalf of the present applicant is that because of section 2(d), t.p. act, it was not necessary that a regularly stamped and registered document should be executed and that from and after 22nd august 1935 ranbir prasad became the ..... but as the order under section 5 was passed prior to the granting of the certificate by the collector under section 6, u.p. encumbered estates act, it was allowed to stand. we were therefore of the opinion that under the circumstances enumerated above it was impossible to hold that the decree ..... of section 7, u.p. encumbered estates act. a preliminary objection was taken to the hearing of this application because it was not in conformity with section 114 and order 47, civil p.c. in the present application it is said that certain wrong information was given to the high court by the .....

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Mar 23 1939 (PC)

Ladli Prasad Zutshi Vs. U.P. Electric Supply Co. Ltd.

Court : Allahabad

Decided on : Mar-23-1939

Reported in : AIR1939All498

..... and as he was changing the motor which necessarily involved a reduction of the charge to which he was liable it was only fair on his part to inform the company of the proposed change and to request the company to examine it. such a request on his part could not possibly justify the company in testing ..... compelled to pay the amount in question. hence the suit out of which the present application arises.2. the plaintiff's case is that the company had no right under the agreement between, the parties to test the plaintiff's installation and to charge any fee therefor. the defence taken by the company was two-fold: firstly ..... strict interpretation of item 3 of the scale of charges which is suggested on behalf of the plaintiff is correct and the company in this case had no right or authority to test the plaintiff's installation.6. the only other point which remains for consideration is whether the company can justify their action and the ..... charge therefor on the ground that it acted on the plaintiff's own request. this plea on behalf of the company rests on two letters written by the plaintiff, one on 31st december 1937 and ..... ordermulla, j.1. this is a plaintiff's application in revision under section 25, small cause courts act. the plaintiff, pandit ladli prasad zutshi, claimed to recover a sum of rs. 5, plus re. 1, as interest by way of damages from the opposite .....

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Oct 04 1939 (PC)

Roshan Singh Vs. Emperor Through Sampuran Singh Tandon

Court : Allahabad

Decided on : Oct-04-1939

Reported in : AIR1941All87

..... ' : that the general get-up of the soap is designed to deceive the public and to cause loss to the complainant ; that the complainant was informed of this fact in the month of july 1938 and thereupon the applicant was served with a notice on behalf of the firm to desist himself from copying ..... year after the discovery thereof by the prosecutor whichever expiration first happens: see section 15, merchandise marks act, 1889. the complaint was made on 22nd november 1938. it is alleged in the complaint that the prosecutor received information about the pirated trade mark some time in july 1938. it is not suggested that mr. tandon ..... to accede to the request of learned counsel. any order with regard to confiscation that may be passed at this stage will lead to complications as the rights of a third party may be affected thereby. i have no sufficient material on the record before me to assess the costs. cases of this nature ..... the similarity in the marks may not amount to 'counterfeit' but i am satisfied that one is a colourable imitation of the other. the applicant therefore has rightly been convicted under section 482, i.p.c.12. the next point stressed is that the prosecution is barred by limitation. a prosecution under these sections may ..... by a rival trader of any mark which will cause his goods to bear the same name in the market may be as much an invasion of right of the rival as the copy of his device....no general rule can be laid down as to what is or is not a mere colourable variation .....

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Sep 22 1939 (PC)

Murari Lal and anr. Vs. Emperor

Court : Allahabad

Decided on : Sep-22-1939

Reported in : AIR1940All3

..... section 190(1)(c), criminal p. c, and it was consequently incumbent upon him under section 191, criminal p.c. to inform the accused persons that they had a right to have the case transferred for trial to some other court and there being nothing to show that this duty was really performed by ..... is no evidence on the side of the prosecution to rebut that case. in these circumstances i think murari also could not be rightfully prosecuted under section 17 of the act. for these reasons i accept the reference made by the learned sessions judge and set aside the conviction and sentence passed upon murari ..... the conviction and sentence passed upon two persons murari lal and meher chand for having committed an offence under section 17, u.p. prevention of adulteration act (act 6 of 1912) should be set aside. the material facts of the case can briefly be stated as follows: meher chand is the munim and general ..... murari lal and meher chand were equally guilty under section 17 and praying that they should also be summoned to stand their trial for that offence. acting upon this letter the learned trying magistrate summoned these two persons with the result that they were tried jointly with bul chand. in the end however ..... government for the purpose.3. it has been stated above that bul chand was the only person charged under section 17, u.p. prevention of adulteration act in the complaint made by d.h. jafri on 27th may 1938, but it appears that on 2nd july 1938 the health officer of the muzaffarnagar .....

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Jan 12 1939 (PC)

Bhora Singh and ors. Vs. Fora and ors.

Court : Allahabad

Decided on : Jan-12-1939

Reported in : AIR1939All347

..... a vendee to prove facts that may have the effect in law of disentitling a plaintiff from exercising his right of pre-emption. it is open to a vendor to orally inform a cosharer having a, right of pre-emption of his intention to sell and if the cosharer, to whom such oral communication is ..... in syed oon mohamad v. mt. bint zohra : air1925all645 .5. it has however been contended by mr. mital that as phul singh was not informed that the transaction with the vendee respondent was settled his refusal to purchase the property for rs. 250 did not disentitle the plaintiffs to maintain the suit. ..... as phul singh was the manager of the joint family of the plaintiffs his refusal to purchase the property disentitled the other plaintiffs also to enforce the right of pre-emption. this was the view taken by this court in suraj prasad v. oudh behari : air1931all216 . it was held in that case ..... in their favour was effected after the refusal by the plaintiffs to purchase the property, and as such, the plaintiffs were not entitled to exercise the right of preemption. this contention, of the vendees was accepted by both the courts below with the result that the plaintiff's suit was dismissed. phul singh ..... second contention advanced on behalf of the plaintiffs was that as no notice as prescribed by section 14, agra pre-emption act (act 11 of 1922), was given to the plaintiffs their right of pre-emption was not extinguished. section 14 inter alia provides that when a cosharer proposes to sell any land ho .....

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Feb 15 1939 (PC)

Magan Behari Lal Vs. Ram Partap Singh

Court : Allahabad

Decided on : Feb-15-1939

Reported in : AIR1939All535

..... judge of this court in gulab rai v. shibba mal : air1937all674 . in regard to this ruling we need not make any detailed observation because we are informed that there is a letters patent appeal pending against this decision. we may observe that the learned judge set out that the suit was for dis. solution ..... business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things afflicting the firm to any partner or his legal representative.9. this section imposes the duty on a partner to render true accounts and ..... section 69, which shall come into force on 1st october 1933.8. now, section 69 in sub-section (1) refers to a right arising from contract or conferred by the act and provides that no person can sue as a partner against the firm or any person alleged to be or to have been a ..... full information of all things to any other partner or his legal representative. the relief therefore asked by the plaintiff in relief (b) is the enforcement of this right under section 9 by obtaining a decree that the defendant is to render accounts ..... states that there is no provision in it requiring registration of a partnership firm. formerly in india the partnership law was contained in chap. 11, contract act, act 9 of 1872, and in that chapter there was no provision for the registration of a partnership. therefore up to 1932 there was no distinction in the .....

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Aug 07 1939 (PC)

Munshi Bishan Lal Vs. Lala Banwari Lal and ors.

Court : Allahabad

Decided on : Aug-07-1939

Reported in : AIR1939All713

..... with an intention upon the part of the executant mt. kishan piari to sell the property absolutely to the defendants and to retain for herself the right to repurchase within one year. in this view of the matter the appeal fails. in the result the appeal is dismissed with costs. there is ..... that in that case the agreement between parties was embodied not in one document but in two separate deeds. nevertheless, the condition restricting the vendor's right in regard to the repurchase of the property was substantially the same an is the restriction imposed upon the vender in the present case. the board ..... else for five years after taking it buck on payment of the amount of consideration.6. this restriction upon the executant in regard to her right to have the property retransferred to her within one year is also in our opinion inconsistent with the relationship of mortgagor and mortgagee. in thin ..... live therein themselves or let it out on rent or make any constructions or alterations therein. in short from this date the vendees have all proprietary rights in respect of the property sold.5. these provisions in the document appear to us to be absolutely inconsistent with the relationship of mortgagor and mortgagee ..... plaintiff. these acts may be an indication of the true market value of the property, on the other hand they may not. it is not at all certain what considerations induced the plaintiff to pay the price he did. we are not in a position to say from the information before us whether .....

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Nov 27 1939 (PC)

Bhagwati Prasad Vs. U.P. Government

Court : Allahabad

Decided on : Nov-27-1939

Reported in : AIR1940All202

..... court that some other person had been appointed as guardian by the district judge. not only is there nothing on the record to show that any such information was given to the court, but there is a clear and unambiguous admission in para. 5 of the written statement to the effect that 'nobody brought ..... devi's appointment by the district judge as guardian of her minor grandson. the learned judge then considers order 32, rule 4, civil p. c, and rightly observes that the leave of the court, as contemplated in sub-section (1) need not necessarily be in writing and that the oral granting of leave may ..... a certificated guardian.' the learned judge of the lower appellate court has ignored this admission. in the circumstances, i am unable to hold that raghunandan lal was acting as next friend of bhagwati prasad, plaintiff, with the leave of the court as contemplated by order 32, rule 4(1), civil p.c. the ..... which the suit was dismissed was deficiency o court-fees. it means and can safely be inferred that the court had permitted brij nandan lal to act as next friend of bhagwati prasad.3. i find it somewhat difficult to follow this reasoning, for there is admittedly nothing on the record to show ..... of guardianship, the plaintiff being then a minor. one of the aforementioned five brothers, whose name was gopal prasad, was fined rs. 200 under the salt act, and for the realization of that fine a flour-mill and some furniture were attached by government. mt. ancho devi objected in the court of the .....

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