Allahabad Court December 1907 Judgments
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Emperor Vs. Kashi Nath and anr.
Court: Allahabad
Decided on: Dec-02-1907
Reported in: (1908)ILR30All60
George Knox, J.1. Kashi Nath and Raj Nath have been convicted of an offence under Section 3 of Act No. III of 1867. They appealed from their conviction to the Court of Session at Benares. The conviction was upheld, but the sentence modified. The case has come before me in revision, and I am asked to interfere with the conviction and sentence on the ground that owing to the Kotwal of Benares having endorsed a search warrant addressed to him under Section 5 of Act No. III of 1867 to another police officer, the warrant so executed was illegal, and the entry and search of the house in question were not such as to give rise to the presumption contained in Section 6 of Act No. III of 1867. It is further contended that the record does not show that the Magistrate who granted the warrant acted on credible information, and if so he had no jurisdiction to grant the warrant. From this it would follow that the police officer acted illegally in entering and searching the house, with the further res...
Ram NaraIn and ors. Vs. Banarsi Prasad
Court: Allahabad
Decided on: Dec-02-1907
Reported in: (1908)ILR30All105
John Stanley, C.J. and William Burkitt, J.1. This appeal arises out of a suit to set aside a decree passed by the Subordinate Judge of Bareilly on the 15th of May 1905 in a redemption suit. The former suit was instituted so far back as the 6th of April 1905, and was a suit for redemption of mortgage and for accounts. The plaintiff in that suit was Kunwar Hulas Singh, the father of the present plaintiffs respondents. The suit was decreed and redemption allowed. The matter came before the High Court on second appeal when this Court affirmed the decree for redemption and directed accounts to be taken on the basis of the gross rental and not upon the basis of actual profits. An appeal was preferred to His Majesty in Council and a decree was passed by the Privy Council on the 25th of March 1903. The case is reported in the Indian Law Reports, 25 All. 387. Upon the question as to the principle upon which the account should be taken their Lordships of the Privy Council reversed the decision o...
Gordhan Das and anr. Vs. Chunni Lal
Court: Allahabad
Decided on: Dec-02-1907
Reported in: (1908)ILR30All111
John Stanley, C.J. and William Burkitt, J.1. This is an appeal by the plaintiffs against a decree of the Subordinate Judge of. Agra, in a suit brought by them as trustees for a declaration that certain property was endowed, and that the plaintiffs as such trustees might be put into possession of the village of Gauri, a portion of the endowed property. The Court below, while dismissing the plaintiffs)' claim for possession, gave a declaration that mauza Gauri was charged with and subject to an annuity of Its. 133 50 for the support of the alleged charity, and that the plaintiffs were entitled to realise this sum from the defendant during the continuance of the charity. Against this decree the plaintiffs have appealed. We have also before us an objection filed by the defendant respondent, under Section 561 of the Code of Civil Procedure, the ground of objection being that the property is not endowed property.2. The deed of endowment upon which the plaintiffs rely was executed by Rai Joti...
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