Allahabad Court February 1909 Judgments
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Debi Prasada Vs. A.H. Lewis
Court: Allahabad
Decided on: Feb-10-1909
Reported in: 1Ind.Cas.186
Richards, J.1. This appeal arises out of an application for the attachment of the salary of the respondent, who is a clerk in the employment of Pandit Pirthi Nath, a Vakil practising in Cawnpore. There is nothing to show that any salary was actually due at the time of the application for attachment and having regard to the date of the application none would be due in the ordinary course of events. Both the Courts below have treated the application as being an application for the attachment of the future salary of the respondent. The application itself was an application to attach a sum of Rs. 150 every month. Section 266 of the old Code of Civil Procedure (which was in force at the time) specifies the classes of property liable to attachment and sale in execution of a decree. They are as follows: 'Land, houses, or other buildings, goods, money, bank notes, cheques, bills of exchange, Hundis, promissory notes, Government securities, bonds or other securities for money-debts, shares in t...
Ram Kishan and ors. Vs. Medh Singh
Court: Allahabad
Decided on: Feb-10-1909
Reported in: 1Ind.Cas.141
Karamat Husain, J.1. This was a suit by the next reversioner of one Bansi Jat for possession of the property which was mortgaged by the widow of Bansi on the 8th of August 1891 to the defendant No. 2 and the father of the defendants Nos. 3 to 5. In a suit on that mortgage the property was sold and purchased by the mortgagees. The plaintiff prayed to have it declared that the mortgage made by the widow was not binding on him. He also claimed immediate possession He alleged in the plaint that the widow had contracted a Karoo marriage in consequence of which, according to the custom prevailing in the family of the plaintiff she was divested of the property which she had inherited from her first husband. The Court of First Instance granted the prayer for declaration but rejected that for immediate possession. The Court of first appeal granted the prayer for immediate possession an disallowed that for declaration holding that it was barred by time. The defendants came in second appeal to th...
Umrao Singh Vs. Emperor
Court: Allahabad
Decided on: Feb-09-1909
Reported in: 2Ind.Cas.200
Karamat Husain, J.1. Musammat Saidu reported at the thana of Madaura that one Raghu Kurmi had stolen a bullock. At the time of the report Umrao Singh applicant was with Saidu. The report turned out to be false and the Sub-Inspector of Madaura submitted a report to the Assistant Superintendent of Police asking that action be taken against Umrao Singh under Section 182 of the Indian Penal Code. The Assistant Superintendent of Police forwarded the report to the Sub- Divisional Magistrate remarking that action need be taken. The Magistrate treated the report as a complaint and proceeding under Section 195 of the Code of Criminal Procedure, took cognizance of the alleged offence under Section 109 read with Section 182 of the Indian Penal Code. Umrao Singh applied in revision to the learned Sessions Judge who called on the Sub-Divisional Magistrate to report. The report of the Sub-divisional Magistrate was to the effect that the report of the Sub-Inspector at the instance of the Assistant Su...
LachmIn Narain-minor Through His Mother Musammat Ram Piari as His Next ...
Court: Allahabad
Decided on: Feb-08-1909
Reported in: 1Ind.Cas.116
Richards, J.1. I take the facts out of which this execution appeal arises from the statement of the respondent's Counsel. A suit was brought by Bhairon Parshad against Musammat Sarsuti Kunwar for possession of certain property and mesne profits. In that suit the plaintiff alleged that he was the heir of a certain person since deceased, that the plaintiff was the reversionary heir of the owner of the property, that Bhagwat Parshad, who was the husband of Sarsuti Kunwar, had taken possession and had remained in possession after the death of that owner. The suit resulted in a decree for possession and mesne profits, the latter to be determined in the execution department. The present decree-holder represents Bhairon Parshad. Possession was apparently taken of the property decreed in the suit, and we have now nothing to do with the property which was the subject matter of that suit. The decree for mesne profits, however, remained unsatisfied and after the death of Sarsuti Kunwar the presen...
In Re: Sheikh Maqbul Ahmad
Court: Allahabad
Decided on: Feb-06-1909
Reported in: (1909)ILR31All294
Aikman, J.1. This is a reference under Section 5 of the Court-Fees Act, 1870.2. The question for decision is as to the proper fee leviable on an application for review of judgment presented on or after the 90th day from the date of the decree, when the application refers only to a portion of the decree. Article 4, Schedule I, of the Act provides that the fee leviable on an application for review of judgment presented on or after the 90th day from the date of the decree is 'the fee leviable on the plaint or memorandum of appeal.' I have had the advantage of hearing the question argued by the learned vakil for the applicant and by the learned Government Advocate as representing the Crown. The Act, it will be seen, draws no distinction between applications for review of judgment when the application affects the whole of the decree or only a portion thereof. No doubt the leading principle of that Act is that the amount of the court fee bears relation to the amount of relief sought, but in ...
Basanti Bibi Vs. Sheo Mangal Parshad and anr.
Court: Allahabad
Decided on: Feb-06-1909
Reported in: 2Ind.Cas.199
1. This is an appeal from a decree of the learned District Judge of Benares passed in a suit brought by the plaintiffs for recovery of the amount due on foot of a promissory note, dated the 22nd of January 1904. The amount secured by the note was a principal sum of Rs. 1,100. The lower appellate Court has given a decree for that amount and interest at the rate of Rs. 48 per cent. per annum. The promissory note is silent as to interest, but the learned District Judge found that there was an agreement between the parties to pay interest at the rate of 4 per cent. per mensem, and accordingly allowed that rate of interest, holding that though the interest was undoubtedly high, the security was not a good security and the plaintiff had in consequence refused to lend the money 'unless it was made worth his while to do so.' Upon appeal the only point raised before us is that the rate of interest allowed by the Court below is excessive and that a lower rate ought to be awarded. It appears to u...
Emperor Vs. Panna Lal
Court: Allahabad
Decided on: Feb-05-1909
Reported in: (1909)ILR31All293
Griffin, J.1. This is an application for revision of an order of the Cantonment Magistrate of Jhansi convicting the applicant Panna Lal on two charges under the Excise Act, one under Section 21 and the other under Section 51.2. The facts which form the basis of the first charge are that Panna Lal who holds no license under the Excise Act, had received an order from the secretary of the Jhansi Club, for some methylated spirits. Panna Lal obtained the methylated spirits from another shop and sent it from there on to the club, without making any profit in the transaction. Under the particular circumstances of the case it is difficult to call this transaction a sale. I therefore set aside the conviction and sentence under the first charge.3. The second charge against the applicant, which was amply proved, was that he had purchased at a court sale a quantity of wines and spirits knowing that he had no license for possession or sale of such liquor. I am unable to interfere with the order on ...
Ganesh Baksh Singh and ors. Vs. Mata Din
Court: Allahabad
Decided on: Feb-05-1909
Reported in: 1Ind.Cas.70
Richards, J.1. This was a suit for arrears of rent. Part of the arrears was claimed at the rate of Rs. 7-8-5 per annum, and the other portion at the rate of Rs. 28-4-8. The suit is by a zamindar against a tenant. It appears that the father of the defendant, who is a minor, was an occupancy tenant. He left the village in time of famine. His son the present defendant returned, sued the sub-tenants in possession and recovered the rent. The plaintiff then sued the defendant and the sub-tenants in occupation for a declaration that he, the zamindar and not the defendant, Mata Din, was entitled to recover the rent from the subtenants. It is to be noted that this suit was brought in a Civil Court and not in the Revenue Court where it ought to have been brought. The suit was compromised by an agreement that Mata Din should remain a tenant and that he should be entitled to cultivate himself or sub-let, but that for the future he was to pay a rent of Rs. 28 odd instead of Rs. 7 odd. A correction ...
Kalka Prashad and ors. Vs. Bhuiyan DIn and ors.
Court: Allahabad
Decided on: Feb-05-1909
Reported in: 2Ind.Cas.180
1. This appeal arises out of a suit for redemption of a mortgage alleged to have been made on the 13th of May 1845. The plaintiffs' case was that on the date mentioned above a sale-deed was executed, in favour of the predecessor in title of the defendants by the predecessor in title of the plaintiffs and on the same date the predecessor in title of the defendants executed an agreement to recovery the property on receipt of Rs. 300, the amount of consideration mentioned in the sale-deed, within seven years, no account being taken of interest or profits, that the transaction was that of a mortgage by way of conditional sale and that they are entitled to redeem it. The defendants denied the transaction referred to by the plaintiffs and asserted that an absolute sale of the property for Rs. 1,000 had been made in favour of their predecessor in title in 1852. The lower appellate Court has found that this allegation of the defendants is not made out and this finding is not impugned in this a...
Bhuiyan DIn and anr. Vs. Kalka Prasad and ors.
Court: Allahabad
Decided on: Feb-05-1909
Reported in: (1909)ILR31All300
Banerji and Aikman, JJ.1. This appeal arises out of a suit for redemption of a mortgage alleged to have been made on the 13th of May 1845. The plaintiffs' case was that on the date mentioned above a sale deed was executed in favour of the predecessor in title of the defendants by the predecessor in title of the plaintiffs and on the same date the predecessor in title of the defendants executed an agreement to reconvey the property on receipt of Rs. 800, the amount of consideration mentioned in the sale deed, within seven years, no account being taken of interest or profits, that the transaction was that of a mortgage by way of condition's, sale and that they were entitled to redeem it. The defendants denied the transaction referred to by the plaintiffs and asserted that an absolute sale of the property for Rs. 1,000 had been made in favour of their predecessor in title in 1852. The lower appellate court has found that this allegation of the defendants is not made out and this finding i...
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