Allahabad Court November 1907 Judgments
Dhanka Vs. Umrao Singh
Court: Allahabad
Decided on: Nov-25-1907
Reported in: (1908)ILR30All58
John Stanley, C.J. and William Burkitt, J.1. The question in this appeal is whether the words 'shall presume,' in Sub-section (3) of Section 201 of the Tenancy Act, No. II of 1901, should be construed in their ordinary sense or as meaning 'shall conclusively presume.' If the latter meaning is to be pub upon the language a plaintiff who is recorded proprietor would be entitled to a decree in the Revenue Court as a matter of course. The question is by no means free from difficulty. A presumption of law is merely an arbitrary inference which the law directs a Judge to draw front particular facts, and which may he either conclusive or rebuttable. It is ordinarily rebuttable. The words 'shall presume' when used in the Evidence Act mean that the Court shall regard a fact as proved unless and until it is disproved. On the other hand, when one fact is declared by that Act to be conclusive proof of another, on proof of the one fact the Court is to regard the other as proved and must not allow e...
Tag this Judgment!Rup Chand Vs. Dasodha and anr.
Court: Allahabad
Decided on: Nov-21-1907
Reported in: (1908)ILR30All55
John Stanley, C.J. and William Burkitt, J.1. Mr. Moti Lal for the respondents raised a preliminary objection to the hearing of this appeal, namely, that it is barred by limitation. The defendant respondent to the suit, Musammat Dasodha, is a minor and was represented in the Court below by a guardian ad litem. In the memorandum of appeal which was filed the guardian ad litem was not made a party to the appeal. This it is said was due to the fact that in the copy of the decree which was furnished to the appellants the fact that there was a guardian ad litem was not stated. The memorandum of appeal was filed within time, but the application which was subsequently made to add the name of the guardian ad litem to the record was made some months after the expiry of the time allowed for the presentation of the appeal. It is now said that the appeal was not complete until the guardian ad litem was added, and that when that was done the appeal was barred by the Statute of Limitation. It has bee...
Tag this Judgment!Dwarka Prasad and ors. Vs. Ambika Partap Singh and Dalel Kunwar and or ...
Court: Allahabad
Decided on: Nov-20-1907
Reported in: (1908)ILR30All95
John Stanley, C.J. and William Burkitt, J.1. This appeal is connected with F.A. No. 154 of 1905, and arises out of a suit brought by the plaintiff to enforce payment of the amount alleged to be due on a mortgage of the 17th of January 1894. By this mortgage Musaminat Dalel Kunwar, the widow of one Chaudhri Gandharp Singh, alleging herself to be the owner in possession, hypothecated a ten biswas share in four villages to secure a principal sum of Rs. 7,000 in favour of one Shukul Ganga Prasad deceased, the father of the four plaintiffs. The amount claimed in the plaint is no less a sum than Rs. 38,917, the interest claimed being Rs. 32,556-1-1. The mortgaged property formed part of the estate of Chaudhri Gandharp Singh, who died on the 23rd of December 1891, leaving the defendant Ambika Partap Singh; his adopted son and heir, and also his widow Musammat Dalel Kunwar him surviving. A claim to this estate was set up on behalf of Bindraban alias Ambika Partap Singh, the grandson of the mor...
Tag this Judgment!Rikhai Singh and ors. Vs. Indar Sen Singh and Kamar-un-nissa Bibi and ...
Court: Allahabad
Decided on: Nov-20-1907
Reported in: (1908)ILR30All103
John Stanley, C.J. and William Burkitt, J.1. There is a matter to which our attention has been directed. The suit is a suit to enforce payment of a mortgage of the 10th of November 1897 by sale of the mortgaged property, and for no other relief. In the course of the proceedings, however, it was discovered that there were two prior mortgages affecting the whole or portion of the mortgaged property, namely, a mortgage of the 1st of March 1888, and another of the 23rd of February 1891., No relief was asked in respect of these mortgages, but in the decree of the Court below it was provided that the plaintiffs, on payment of prior mortgages, should be competent to get the property sold by auction, a relief which was not sought. No provision is made in the decree for the sale of the property to satisfy these debts, if paid. The stamp officer of the Court has reported that the court fee paid by the plaintiff in the Court below, in view of the relief given to him, was insufficient, and that th...
Tag this Judgment!Emperor Vs. Qadir Bakhsh and ors.
Court: Allahabad
Decided on: Nov-14-1907
Reported in: (1908)ILR30All93
Banerji and Aikman, JJ.1. This is an appeal by the Local Government from an original order of acquittal passed by the efficiating Sessions Judge of Benares. The three accused were committed to his Court charged with the offence of counterfeiting coin, punishable under Section 231, Indian Penal Code. It is proved and admitted that under the direction of Qadir Bakhsh the first accused, the other two accused, who are workmen in his employment, manufactured, out of German silver, coins which we have satisfied ourselves by inspection closely resemble genuine coins current in the Nepal State. The learned Officiating Sessions Judge was of opinion that as it was not the intention of the accused that deception should be practised, nor had they knowledge that deception was likely to be practised, no offence was committed. He refers to the explanation appended to Section 231, Indian Penal Code, which, we may remark, has no application to the case. He overlooked the provisions of Section 28 of the...
Tag this Judgment!Emperor Vs. Tabarak Zaman Khan
Court: Allahabad
Decided on: Nov-13-1907
Reported in: (1908)ILR30All52
George Knox, J.1. Tabarak Zaman Khan on the 7th June last sen a letter written by himself through his servant Sumera to the Sub-Inspector of Kampil Police Circle, charging one Sukha Ahir with having committed the offence of theft. The police investigated the case, and, considering the charge not proved, sent in what is known as naksha B. They asked that the case might be expunged from the register of crimes and that a case might be instituted against Tabarak Zaman Khan for having given false information to the Police. The proceedings never went any further and never reached any Court. The District Magistrate after perusing them passed an order to the effect that a case might be instituted against Tabarak Zaman Khan and that he should be charged with having committed an offence under Section 211 of the Indian Penal Code. The learned Sessions Judge was asked to consider this order and to send it on to this Court for revision. He has done so. He considers that in passing the order he did,...
Tag this Judgment!- ‹ Prev
- Next ›