Allahabad Court January 1902 Judgments
Hanuman Prasad and anr. Vs. Bhagwati Prasad and anr.
Court: Allahabad
Decided on: Jan-30-1902
Reported in: (1902)ILR24All236
Knox and Blair, JJ.1. This is an application for leave to appeal to His Imperial Majesty in Council. The subject-matter of the suit in the Court of first instance was under ten thousand rupees in value, but in an affidavit, which is attached to the application, it is stated that the title to an eight-anna share in mauza Kot Kamarhya of Pandit Hira Nand Chaube and of Pandit Chattardhari Chaube depends on the decision of the same question, and that the title of other purchasers to the rest of the villages mentioned in the schedule annexed to the petition depends on the same question. In this way it is sought to make out that, though the value of the matter directly in dispute is below ten thousand rupees, yet the decree of this Court involves indirectly questions to or respecting the entire property mentioned in the schedule, which is valued at about 1,50,000 rupees. None of the properties which are said to be affected by the decree of this Court, and which are not in dispute before us, ...
Tag this Judgment!Syeda Bibi and anr. Vs. Mughal Jan and ors.
Court: Allahabad
Decided on: Jan-24-1902
Reported in: (1902)ILR24All231
John Stanley, C.J. and Burkitt, J.1. This is an appeal from a decree of the Subordinate Judge of Jaunpur in a suit brought by the plaintiff for the recovery of the property of the late Syed Hasan Ali by right of inheritance, and for a declaration that a waqf-namah of the 27th of August, 1886, was invalid, and in-effectual according to Shia law.2. Syed Hasan Ali, who belonged to the Shia sect of Muhammadans, on the 27th of August, 1886, executed the deed which has given rise to this litigation. In it, after a recital of the uncertainty of life, the executant, 'with a view to earn merit in the next world and to benefit the persons mentioned in this document,' made a perpetual waqf 'for charitable purposes, and to benefit the persons mentioned' in the document according to the Muhammadan law of the Imamia sect of the whole of his movable and immovable property, with the exception of some small portions of property which he specified, subject to the conditions and details which follow.3. T...
Tag this Judgment!Emperor Vs. Kali Charan and ors.
Court: Allahabad
Decided on: Jan-10-1902
Reported in: (1902)ILR24All256
John Stanley, C.J.1. This is a reference by the learned Sessions Judge of Gorakhpur, submitting the record to the High Court with a recommendation that the commitment of the accused Kali Charan Arakh, Behari Arakh, and Girdhari Arakh, who are British subjects, be quashed under Section 215 of Act No. V of 1898, on the ground that the name was illegal. The offence with which the accused are charged is alleged to have been committed in Nepal. The Magistrate inquired into the charge without having the certificate of the Political Agent of Nepal as required by Section 188 of the Code of Criminal Procedure. This section provides that no charge as to, among others, an offence committed beyond the limits of British India, or by a British subject in the territories of any Native Prince or Chief in India, shall be enquired into in British India unless the Political Agent, if there be one, for the territory in which the offence is said to have been committed, certifies that, in his opinion, the c...
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