Allahabad Court March 1909 Judgments
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Kamta Prashad and anr. Vs. Musammat Muni Bibi
Court: Allahabad
Decided on: Mar-16-1909
Reported in: 1Ind.Cas.570
1. This was a suit to recover money alleged to be due on foot of a certain money bond. Under the terms of the bond the money was payable by instalments and the bond provided that in default of payment of any instalment, the whole amount would become due Default was made on 5th September 1902 and the present suit was instituted on the 29th November 1906. The bond was a registered bond. Article 75 of the Second Schedule of Act XV of 1877 provides for three years limitation on a promissory note or bond, payable by instalments, which provides that if default be made in payment of one instalment, the whole shall be due. According to this provision time begins to run from the date of the first default unless the benefit of the proviso is waived, in which case time begins to run from the date of the fresh default, in respect of which there is no such waiver. If this Article Applied the case is clearly barred by limitation. The plaintiff contends that Article 116 applies. That Article provides...
Syed Abdullah Khan Vs. Musammat Dhuman
Court: Allahabad
Decided on: Mar-12-1909
Reported in: (1909)ILR31All333
John Stanley, Kt., C.J. and Banerji, J.1. This appeal arises out of a suit for damages for malicious prosecution. It appears that the appellant filed a complaint against the respondent charging him with having stolen the ornaments which were on the person of a girl named Shirin Jan who eloped with the son of the respondent. She also complained that the plaintiff had wrongfully confined that girl and a maid-servant and she applied for the search of the plaintiff's house which was accordingly searched. The complaint was found by the criminal court to be unfounded and was dismissed. In this case the plaintiff sought to recover Rs. 500 as damages for loss of reputation and Rs. 499 as damages for mental and physical suffering. The Court of first instance made a decree in the plaintiff's favour for Rs. 700 and this decree has been affirmed by the lower appellate court. Both the courts have found that the complaint made by the appellant, which in her defence to the present suit she asserted t...
Hamida Bibi and anr. Vs. Ahmad Husain
Court: Allahabad
Decided on: Mar-12-1909
Reported in: (1909)ILR31All335
John Stanley, Kt., C.J. and Banerji, J.1. This appeal arises out of a suit for the redemption of a mortgage made in 1858 by one Hafiz Baksh in favour of Babu Lal. The latter transferred his rights as mortgagee to one Muhammad Karim whose sole representative, by right of inheritance, is the respondent Ahmad Husain. The mortgagor Hafiz Baksh died leaving several heirs among whom are the defendant Ahmad Husain and the plaintiffs. The plaintiffs seek to redeem their own share of the property on payment of a proportionate part of the mortgage money. The defendant's contention was that the plaintiffs could only redeem the mortgage as a whole and were not entitled to claim redemption of their own share only. The court of first instance overruled this objection and decreed the claim on the ground that the integrity of the mortgage was broken up by reason of the defendant having inherited a part of the mortgagor's right. The lower appellate court having affirmed this decree a second appeal was ...
Sayed Zakir Ali Vs. Musammat Umatul Habib Begum and ors.
Court: Allahabad
Decided on: Mar-12-1909
Reported in: 1Ind.Cas.347
1. This appeal arises out of a suit brought by the plaintiff appellant to recover from the defendants, who are the legal representatives of one Khwaja Muhammad Yusuf, a sum of Rs. 32,000, under the following circumstances. One Itikad Ali died on the 26th of August 1886, leaving him surviving as his heirs his widow, Musammat Amir Begam, his sister, Bibi Begam and two nephews, Wazir Ali and Farhat Ali. Muhammad Yusuf was the son of Bibi Begam. Itikad Ali was heavily indebted and for the payment of some of his debts he made an arrangement under a document dated the 25th of July 1886. Muhammad Yusuf was alleged in that document to be one of his creditors and it was provided in it that the proceeds of the sale of certain indigo which was then being manufactured should be applied to the payment of the debts mentioned in the document. On the 9th of August 1886, he executed another document in favor of Muhammad Yusuf to secure an advance of Rs. 7,000 and hypothecated in it among other property...
Muhammad Mashhud Hasan Khan Vs. Muhammad Anwar HusaIn Khan
Court: Allahabad
Decided on: Mar-12-1909
Reported in: 1Ind.Cas.403
1. Musammat Taubat-un-nissa, sister of the plaintiff, was the wife of the defendant Muhammad Anwar Husain Khan. According to the common practice prevailing amongst Muhammadans her dower was fixed at a sum of Rs. 1,25,000, a sum which was out of all proportion to the position in life and means of her husband. She died at the early age of 20, or thereabouts, on the 23rd of July 1906, leaving her husband, the plaintiff, who is a brother, and three other brothers as her heirs. The suit out of which this appeal has arisen was brought by the plaintiff on the 3rd of November 1906 to recover his share of his sister's dower. The defendant filed a defence and set up the case that his wife, on the 18th of July 1906, executed a deed of relinquishment in respect of her dower debt in his favour. In his written statement ho alleges that his wife was not suffering from 'Death illness' when she executed this deed, that she executed it voluntarily, without any pressure or undue influence, and that she f...
Hamida Bibi and anr Vs. Ahmad Hussain
Court: Allahabad
Decided on: Mar-12-1909
Reported in: 1Ind.Cas.779
1. This appeal arises out of a suit for the redemption of a mortgage made in 1858 by one Hafiz Baksh in favour of Babu Lal. The latter transferred his rights as mortgagee to one Muhammad Karim whose sole representative, by right of inheritance, is the respondent Ahmad Hussain. The mortgagor Hafiz Baksh died leaving several heirs among whom are the defendant Ahmad Hussain and the plaintiffs. The plaintiffs seek to redeem their own share of the property on payment of a proportionate part of the mortgage money. The defendant's contention was that the plaintiffs could only redeem the mortgage as a whole and were not entitled to claim redemption of their own share only. The Court of first instance overruled this objection and decreed the claim on the ground that the integrity of the mortgage was broken up by reason of the defendant having inherited a part of the mortgagor's rights. The lower appellate Court having affirmed this decree a second appeal was preferred to this Court by the defen...
Musammat Dhuman Vs. Syed Abdullah Khan
Court: Allahabad
Decided on: Mar-12-1909
Reported in: 1Ind.Cas.760
1. This appeal arises out of a suit for damages for malicious prosecution. It appears that the appellant filed a complaint against the respondent charging him with having stolen the ornaments which were on the person of a girl named Shirin Jan who eloped with the son of the respondent. She also complained that the plaintiff had wrongfully confined that girl and a maid-servant and she applied for the search of the plaintiff's house which was accordingly searched. The complaint was found by the Criminal Court to be unfounded and was dismissed. In this case the plaintiff sought to recover Rs. 500 as damages for loss of reputation and Rs. 499 as damages for mental and physical suffering. The Court of first instance made a decree in the plaintiff's favour for Rs. 700 and this decree has been affirmed by the lower appellate Court. Both the Courts have found that the complaint made by the appellant, which in her defence to the present suit she asserted to be true, was false and malicious and ...
Gauri Singh and ors. Vs. Gajadhar Das
Court: Allahabad
Decided on: Mar-11-1909
Reported in: 2Ind.Cas.608
1. In our opinion the provisions of Section 258, of the Code of Civil Procedure of 1882, were never intended to apply to a case like the present. Here the parties agreed between themselves that their debts were to be privately adjusted before any decree came into existence. The alleged adjustment took place before the decree was passed and was brought to the notice of the Court by the appellants at the earliest opportunity. We agree with our brother Richards. We, therefore, allow the appeal, set aside the decree of this Court and the orders of the Courts below and remand the case through the first appellate Court to the Court of first instance with directions to inquire into the objections raised by the judgment-debtors. Costs will abide the result....
Mata Prasad and anr. Vs. Chandradeo Singh and
Court: Allahabad
Decided on: Mar-05-1909
Reported in: (1909)ILR31All176
John Stanley, Kt., C.J.1. This second appeal was directed to be laid before a Full Bench in consequence of a conflict in the decisions of this and the other High Courts upon the man question involved in it. The suit is one to enforce payment of a mortgage by sale of the mortgaged property. The mortgage was executed by the late Ram Narain Singh, who was the head of the defendants family on the 4th of September 1883 to secure a principal sum of Rs. 400 in favour of Ram Narain Kalwar, the father of the plaintiff respondent Sheo Babu Singh and the grandfather of the appellant Chanderdeo Singh. The parties are governed by the law of the Mitakshara. It was found by the Court of first instance that the mortgage was not executed for the purpose of satisfying any antecedent debt and there was no evidence that the consideration was required for the legal necessities of the family, or that the lender made any inquiry as to the purposes for which the money was borrowed. On the other hand it was no...
Chandradeo Singh and ors. Vs. Mata Prasad and ors.
Court: Allahabad
Decided on: Mar-05-1909
Reported in: 1Ind.Cas.479
John Stanley, C.J.1. This second appeal was directed to be laid before a Full Bench in consequence of a conflict in the decisions of this and the other High Courts upon the main question involved in it.2. The suit is one to enforce payment of a mortgage by sale of the mortgaged property. The mortgage was executed by the late Ram Narain Singh, who was the head of the defendant's family, on the 4th of September 1883, to secure a principal sum of Rs. 400, in favour of Ram Narain Kalwar, the father of the plaintiff-respondent Sheo Balak Singh and grandfather of the appellant Chanderdeo Singh. The parties are governed by the law of the Mitakshara. It was found by the Court of first instance that the mortgage was not executed for the purpose of satisfying any antecedent debt and there was no evidence that the consideration was required for the legal necessities of the family, or that the lender made any enquiry as to the purposes for which the money was borrowed.3. On the other hand, it was ...
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