Allahabad Court June 1910 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.
Musammat Ashrafi Kuar Vs. Jai NaraIn and ors.
Court: Allahabad
Decided on: Jun-02-1910
Reported in: 6Ind.Cas.862
1. The estate to which this appeal relates is the estate of one Phul Chand, a leading banker and merchant in the town of Hathras. In order to understand the matters in dispute, it will be necessary to remember that Phul Chand had four sons, who, it is admitted, lived separate. These sons were respectively Miju Mal, Matru Mal, Jai Narayan and Mittan Lal. Prom Miju Mal, whose wife was Musammat Jarao Knar, came Gillu Mal, who predeceased Miju Mal, but whose wife Ashrafi Kuar is still alive. The son of Gillu Mal and Ashrafi Kuar is Kashinath a minor. From Matru Mal came Lala Sheomukh Rai, one of the respondents to this appeal. Jai Narayan, the third son of Phul Chand, is also a respondent. Miju Mal on the 24th December 1904 executed a document which will be found on the record and which is described in the document itself as dastawez wasiatnama wagairah. In this document he recites the fact that Gillu Mal had predeceased him and he appointed as guardians of the person of the minor, Kashi N...
Musammat Ashrafi Kuar Vs. Jai NaraIn and anr.
Court: Allahabad
Decided on: Jun-02-1910
Reported in: 6Ind.Cas.863
1. This appeal is closely connected with (F.A.F.O. No. 74 of 1908) Ashrafi Kuar v. Jai Narain G Ind. Cas. 862 and Revision No. 66 of 1903. It arises out of a petition filed by the same Musammat Ashrafi Kuar in which she asks that the opposite parties may be ordered to pay her Rs. 8,000 for expenses incurred by her. The application is said to be filed under Section 43 of Act VIII. of 1890. The learned District Judge considered that the amounts asked for were far too large and made an order directing that for the present a sum of Rs. 250 should be paid by the trustees to the applicant month by month. It is contended that the amount awarded is inadequate and a plea was taken that Miju Mal had no authority to execute the Will that he did, but this plea was not pressed. It is sufficient for the purpose of this case, for us to hold that the learned Judge had no authority under Section 43, Act VIII of 1890, to make any order against the opposite parties who were trustees. For these reasons, a...
Ramphal Thakur Vs. Panmati and ors.
Court: Allahabad
Decided on: Jun-02-1910
Reported in: 7Ind.Cas.292
1. This is an untenable appeal. The plaintiff sued to enforce payment of a debt secured by a mortgage bond of the 31st of January, 1896, executed by one Musammat Phulmani, deceased, and her daughter Musammat Panmati. The Court of first instance decreed the claim but upon appeal the decision of that Court was reversed and the plaintiff's suit dismissed on the ground that Musammat Phulmani had only limited interest in the mortgaged property, namely, a widow's estate, and that the plaintiff had failed to prove that the mortgage in suit was made for legal necessity.2. We think that this decision is correct. The property formerly belonged to Beni, and upon his death it descended to his widow, Musammat Chunna. After her death it came to Musammat Phulmani. Musammat Phulmani had two daughters, namely, Musammat Panmati and Musammat Parbati. Musammat Parbati has two minor sons, the defendants, Sundar Pandey and Ram Piare Pandey. According to the Hindu Law Musammat Parbati and Musammat Panmati, t...
Bisheshar Bhattacharya Vs. Emperor
Court: Allahabad
Decided on: Jun-01-1910
Reported in: 7Ind.Cas.291
Chamier, J.1. This is an application for revision of an order of the Joint Magistrate of Benares, convicting the applicant of evading the payment of octroi, an offence punishable under 69 of the United Provinces Municipalities Act, and sentencing him to pay a fine of Rs. 20. It has been contended before me that the articles in respect of which the applicant has been convicted are not subject to octroi. In view of the order which I am about to pass, I express no opinion upon this point. The question which 1 have to decide is whether the Magistrate had jurisdiction to try the case. In his order he says: 'I would note that at the first hearing I asked counsel for the defence to apply for the transfer of the case as the prosecution had been initiated by me ex-offlcio as the President of the Octroi Sub-Committee. He elected to let the case remain in this Court.' It is quite clear that if the case falls within 556, Criminal Procedure Code, as is now contended by the applicant, the Magistrate...
Ugar Sen Vs. Lakhmi Chand and ors.
Court: Allahabad
Decided on: Jun-01-1910
Reported in: 6Ind.Cas.840
1. The suit, out of which this appeal has arisen was brought by Lakhmi Chand and Mohan Lal to recover moneys alleged to have been borrowed from them by the defendant-appellant Ugar Sen. The money was borrowed from Badri Das and Hira Lal, who were members of a partnership firm, and both of them are dead. The only surviving member of the partnership is the plaintiff Mohan Lal. The other plaintiff Lakhmi Chand is the son of Badri Das. Hira Lal left a minor son named Chhote Lal. Both the Courts below have decreed the plaintiff's claim. This second appeal has been preferred, and the ground of appeal pressed by the learned Vakil for the appellant is that the plaintiffs are not entitled to maintain their suit without having before the Court the legal representative of the deceased, Hira Lal. The learned Vakil relies upon the provisions of Section 45 of the Indian Contract Act. We are of opinion that that section in no way bars the present suit which is one to recover a debt due to a partnersh...