Abdul Karim Vs. Emperor

Abdul Karim vs Emperor

Type Court Judgment Court Allahabad Decided Jan 04, 1927

~1 min read

https://sooperkanoon.com/case/451647

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/451647
Court: Allahabad
Decided On: Jan 04, 1927
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Abdul Karim

Respondent

Emperor

Legal References

Reported In: AIR1927All384

Excerpt

- orderbanerji, j.1. this is an application in revision against an order of pandit raghunandan upadhiya, deputy magistrate, first class, ordering the applicant to vacate a certain plot of land. the notice was sent to the applicant on the 4th august for the 12th august. on that day the applicant stated that he was a perjotdar of girdhari lal for the plot in suit. the lower court without going into evidence but relying on fine report of the tahsildar made his order absolute. no notice was sent to girdhari lal. i am of opinion that the lower court should have gone further into the matter and not passed an order in such a summary fashion. i have been referred to hingu v. emperor [1909] 31 all. 453, ismail v. bunda a.i.r. 1922 all. 265. and also jassi v. emperor a.i.r. 1922 all. 335. on the analogy of the rulings i would recommend that the absolute order of the lower court be set aside and that he should be directed to proceed in accordance with section 137, criminal p.c. the lower court is asked to submit his explanation through the district magistrate within a week.judgment2. i accept the reference.

Full Judgment

ORDER

Banerji, J.

1. This is an application in revision against an order of Pandit Raghunandan Upadhiya, Deputy Magistrate, First Class, ordering the applicant to vacate a certain plot of land. The notice was sent to the applicant on the 4th August for the 12th August. On that day the applicant stated that he was a perjotdar of Girdhari Lal for the plot in suit. The lower Court without going into evidence but relying on fine report of the Tahsildar made his order absolute. No notice was sent to Girdhari Lal. I am of opinion that the lower Court should have gone further into the matter and not passed an order in such a summary fashion. I have been referred to Hingu v. Emperor [1909] 31 All. 453, Ismail v. Bunda A.I.R. 1922 All. 265. and also Jassi v. Emperor A.I.R. 1922 All. 335. On the analogy of the rulings I would recommend that the absolute order of the lower Court be set aside and that he should be directed to proceed in accordance with Section 137, Criminal P.C. The lower Court is asked to submit his explanation through the District Magistrate within a week.

JUDGMENT

2. I accept the reference.

Same Parties Abdul Karim vs Emperor Same Subject Civil

Civil