Allahabad Court July 1909 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Emperor Vs. Ahmad HusaIn Khan
Court: Allahabad
Decided on: Jul-14-1909
Reported in: (1909)ILR31All608
Alston, J.1. In dealing with this reference I do not propose to discuss the question now pending before a Bench of this Court, as to whether a citation issued under Section 147 of the Land Revenue Act is a 'summons, notice or order.' within the meaning of Sections 172,173 and 174 of the Penal Code. For the purpose of this case I will assume that it is, and will confine myself to the question directly raised in the reference, which is whether the accused, to whom a citation was issued under Section 147 of the Land Revenue Act (III of 1901), has been rightly convicted of an offence under Section 173 of the Penal Code, having regard to the facts found. The answer to this question depends on whether (the accused, by declining to accept the citation or by refusing to sign the duplicate citation, can be said to have prevented the serving of the citation on himself. Sections 195 and 196 of Act III of 1901 enact that a summons or notice may be served by tendering or delivering a copy to the pe...
Ajkumar Singh and ors. Vs. Ram Saran and ors.
Court: Allahabad
Decided on: Jul-14-1909
Reported in: 3Ind.Cas.33
1. This appeal arises out of an application under Section 90 of the Transfer of Property Act. Certain property was mortgaged and afterwards sold to the appellants, money being left in the hands of the appellants to pay off incumbrances including the mortgage just mentioned. A suit was brought on foot of the mortgage and the appellants as well as mortgagors wore made parties. The mortgagors did not defend the suit, but the appellants did defend it. A decree was made for the sale of the property in default of payment of: principal, interest and costs. The appellants appealed to the High Court with the result that the appeal was dismissed and the appellants were ordered to pay the costs of the appeal to the respondents. After the decision of the High Court and the expiry of the time granted for payment, the decree was made absolute and the decree-holder disregarding the terms of the decree of the High Court added to the amount of their mortgage, not only the costs of the Court of first in...
Harpal Singh Vs. Bishan Singh
Court: Allahabad
Decided on: Jul-14-1909
Reported in: 3Ind.Cas.907
1. This appeal arises out of an application for the execution of decree obtained by the respondent against one Thakur Sheopal Singh on the 12th of October, 1898. The decree was a simple money-decree. Sheopal Singh died on the 27th of July, 1899. The present application was made by the decree-holder for execution against the appellant Harpal Singh and for sale of certain immovable property now in the possession of Harpal Singh. During. the life-time of Sheopal Singh there was some litigation in regard to this estate between him. and Musammat Sonao Kunwar. A compromise was effected between them and a decree was passed in accordance with the ' compromise. Sheopal Singh predeceased Musammat Sonao Kunwar. After the death of Sonao Kunwar a suit was brought by Sheopal Singh's widow against Harpal Singh, the present appellant, for possession of the estate to which the compromise related. In that suit it was held by this Court that notwithstanding the compromise the estate was an impartible est...
Emperor Vs. Ahmad HitsaIn Khan
Court: Allahabad
Decided on: Jul-14-1909
Reported in: 3Ind.Cas.965
1. In dealing with this reference I do not propose to discuss the question now pending before a Bench of this Court, as to whether a citation issued under Section 147 of the Land Revenue Act is a 'summons, notice or order' within the meaning of Sections 172, 173 and 174 of the Penal Code. For the purpose of this case I will assume that it is, and will confine myself to the question directly raised in the reference, which is whether the accused, to whom a citation was issued under Section 147 of the Land Revenue Act (III of 1901), has been rightly convicted of an offence under Section 173 of the Penal Code, having regard to the facts found. The answer to this question depends on whether the accused, by declining to accept the citation or by refusing to sign the duplicate citation, can be said to have prevented the serving of the citation on himself. Sections 195 and 196 of Act III of 1901 enact that a summons or notice may be served by tendering or delivering a copy to the person to who...
Emperor Vs. Sultan Singh and ors.
Court: Allahabad
Decided on: Jul-13-1909
Reported in: (1909)ILR31All606; 4Ind.Cas.24
Tudball and Alston, JJ.1. This is an appeal by the Local Government against an order of acquittal passed by a first class Magistrate, under the following circumstances. Three persons, Sultan Singh, Sahab Singh and Chhote Singh, were charged with having rescued certain cattle from Tikam Singh and Hari Lal Singh; into whose field they had trespassed, and with having then attacked the two men with lathis and assaulted them, as well as one Kulfat Singh. The result of the fight was that Tikam Singh died after a few days. Hari Lal Singh and Kulfat Singh sustained only simple injuries. The post mortem disclosed the fact that Tikam Singh's skull had been fractured. When the case came before the Magistrate, he took the evidence for the prosecution and then recorded the following order: 'In this case it is quite clear from the medical evidence that no more than an offence under Section 323 of the Indian Penal Code was committed, in respect either of Tikam Singh or of Hari Lal Singh; in fact the ...
Khushalgir and anr. Vs. Gobindgir
Court: Allahabad
Decided on: Jul-13-1909
Reported in: 3Ind.Cas.904
1. This is an application praying that the order passed by this Courton the 16th April, 1909, which was passed ex parte may be set aside and the matter re-heard. Objections have been taken and the argument is that Order 9, Rule 13, is not applicable to proceedings of this kind. Certain rulings were cited to us in support of this contention, but both the rulings cited were before the present Code came into force. Moreover, we do not understand these rulings as laying down that Section 647, which was the corresponding section in the previous Code, related only to original matters in the nature of suits, such as proceedings in probates, guardianship and so forth. The words used by their Lordships of the Privy Council in Thakur Prasad v. Fakir-ul-lah 17 A. 106 : 22 I.A. 44 are carefully chosen. They say that the proceedings spoken of in Section 647 include original matters in the nature of suits, such as proceedings in probates, guardianships and so forth, thereby denoting that original ma...
Sri Raja Sheomangal Singh Sahib Bahadur Vs. Sardar Singh and ors.
Court: Allahabad
Decided on: Jul-13-1909
Reported in: 2Ind.Cas.985
1. This and the connected appeals are similar to Second Appeal No. 705 of 1906, decided by us on the 2nd of January 1908. The defendant brought a suit in the Revenue Court against the plaintiffs for their ejectment from lands held by them for a number of years. The plaintiffs contended in the Revenue Court that they were proprietors of the lands in question. They were thereupon referred to the Civil Court under Section 199 of the Tenancy Act, to have their alleged proprietary title established. They accordingly brought the suits out of which these appeals have arisen. The only question which the Civil Court had to determine was whether the plaintiffs have a proprietary right in the lands in question. Any other questions as to the liability of the lands to assessment to rent or the ejectment of the plaintiffs from the lands held by them were questions to be determined by the Revenue Court and not by the Civil Court. It was urged on their behalf that under Section 158 of the Tenancy Act ...
Emperor Vs. Misri
Court: Allahabad
Decided on: Jul-12-1909
Reported in: (1909)ILR31All592
George Knox, C.J.1. The question which has been referred for the consideration of the Full Bench is, whether under the circumstances which will be presently pointed out, evidence was admissible to show that an accused as a matter of fact did go to a certain place and there produce certain ornaments. The circumstances referred to are briefly these. One Musammat Misri has been found guilty by the Court of Session of the murder of a girl for the sake of her ornaments and sentenced to death. Part of the evidence against her consisted of the fact that she took the police and others to a certain place, and there pointed out and produced certain ornaments, which are proved to have been ornaments worn by the child immediately before it's disappearance. The learned Judges of this Court, on considering the case submitted to them, found as a fact that the police officer made, or caused to be made, a promise to the accused, prior to her pointing out the ornaments, to the effect that if she produce...
Baij Nath Dass and ors. Vs. Sohan Bibi
Court: Allahabad
Decided on: Jul-10-1909
Reported in: (1909)ILR31All545
George Knox, Kt., C.J. and Griffin, J.1. On the 12th of February 1909 a Division Bench of this Court, after hearing an appeal presented by Musammat Sohan Bibi against Musammat Hiran Bibi and others, allowed the appeal, set aside the decree of the court below and remanded the case to that court with directions to reinstate it under its original number in the register and dispose of it according to law. We are informed that the court below has fixed the 11th of July and intends to proceed to try the case remanded on that date. On the 8th of May the defendants who were respondents to the appeal in this Court put in a petition for leave to appeal to His Majesty the King in Council as an appeal from a judgment and decree of this Court, Upon notice going to the other side to show cause why leave should not be granted, Musammat Sohan Bibi has appeared to show cause. Her contention is that the order of this Court, dated the 12th February 1909, is an interloctory order and that the application ...
Naurang Lal Vs. Partap and anr.
Court: Allahabad
Decided on: Jul-10-1909
Reported in: 3Ind.Cas.44
1. This appeal arises out of a suit for redemption of a mortgage executed on the 13th May 1887 by the defendant No. 2 in favour of defendant No. 1. On the 8th March 1892, defendant No. 2 sold the equity of redemption of the greater part of the mortgaged properties to the plaintiff.2. The defendant No. 1 contested the suit on the ground that the plaintiffs was bound to pay off a further mortgage of (sic) property created by a bond of the 28th January 1893.3. This bond purported to make a further sum of Rs. 600 chargeable in the mortgaged property and the mortgagor covenanted to pay off this sum along with the original' mortgage money. The Court below has found that of this Rs. 600, only Its. 150 were proved to have been paid to the mortgagor and held that the plaintiffs should pay that amount in addition to the original mortgage money.4. The defendant, mortgagee appeals and contends that he is entitled to the Rs. 450 disallowed by the Court below. The plaintiffs also file objections und...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »