Allahabad Court January 1911 Judgments
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Musammat Lachminia Kuar Vs. Ruder Deo NaraIn Singh
Court: Allahabad
Decided on: Jan-04-1911
Reported in: 9Ind.Cas.207
1. This appeal arises out of an application presented by Musammat Lachminia, wife of Chaudhri Rudra Deo Narain Singh, in which she asked the District Judge of Ghazipur to hold an enquiry for the purpose of ascertaining whether or not her husband, Chaudhri Rudra Deo Narain Singh, was of an unsound mind and incapable of managing his affairs. The District Judge of Ghazipur required Chaudhri Rudra Deo Narain Singh to attend and be personally examined by the Court. He also considered a report of his mental capacity and condition after examination held by the Civil Surgeon of Ghazipur. The conclusion at which the Court arrived after such personal examination and after examining the Civil Surgeon of Ghazipur and Dr. Baldeo Singh, Civil Surgeon of Ballia, under whose treatment Rudra Deo Narain Singh had been, was that no symptoms were shown in consequence of which it was necessary to place Rudra Deo Narain Singh under the supervision of any Civil Surgeon. It, therefore, dismissed the applicati...
Kali Shanker Tewari Vs. Raghbar Dayal and ors.
Court: Allahabad
Decided on: Jan-04-1911
Reported in: 9Ind.Cas.309
1. The learned Additional Subordinate Judge, who decided the suit out of which this appeal arises, does not appear to have his attention directed to the case of Batulan v. Mansoor Ali 20 A. 315 affirmed by the Privy Council in Batul Begam v. Munsur Ali Khan 24 A. 17 : 3 Bom. L.R. 707 : 5 C.W.N. 888. We are bound by these decisions and according to them the suit brought by Raghubar Dayal is barred by limitation. We decree the appeal, set aside the decree of the Court below and dismiss the suit with costs, which will in this Court include fees on the higher scale....
Phulmani ChaudhraIn Vs. Nageshar Prasad and ors.
Court: Allahabad
Decided on: Jan-04-1911
Reported in: 9Ind.Cas.670
1. The facts of the case out of which this appeal has arise a are as follows: One Agar Singh was the owner of certain shares in seven villages, namely, Mania, Ramnapur, Kakrahu, Benipur, Belghata, Parsu, and Mahadani. His share in mauza Kakrahu was 14-annas. On the 9th of July, 1880, he mortgaged 8 anna share in mauza Kakrahu and a share in mauza Mahadani to Sheo Charan Misra, predecessor-in-title of the present plaintiffs-respondents for a sum of Rs. 555. On the 1st of December, 1883, he mortgaged 8 anna share of mauza Kakrahu together with shares in mauza Mania Ramnapur, Benipur, and Belghata, to one Jiwan Das, for the sum of Rs. 11,500. On the 16th of June, 1885, he gave a second mortgage to Sheo Charan Misra of the whole 14-anna share in mauza Kakrahu and a share in mauza Parsu for the sum of Rs. 2,000. This Rs. 2,000 consisted of Rs. 1,500, due on the bond of 9th July, 1880, and Rs. 500, cash. Jiwan Das brought a suit on his bond of 1883 without making Sheo Charan Misra a party, a...
In Re: Mirza Afzal Beg Vs. Jyoti Swarup and ors.
Court: Allahabad
Decided on: Jan-03-1911
Reported in: 9Ind.Cas.130
ORDERRichards, J.1. This is an application under Sections 13, 14 and 15 of the Legal Practitioners Act. The facts are set forth in the petition of Mirza Afzal Beg and the judgment of the District Judge, dated the 13th of July, 1910. It appears that one Mirza Karim Beg died leaving the petitioner and other persons as heirs and representatives.2. There was a certain woman who was called Basanti alias Karimunissa and she had, or alleged she had, a right to be recognized as the lawful widow of Mirza Karim Bag, and that she as such together with her children had claim on the estate under the Muhammadan Law. Whether or not her claim was well-founded is a matter on which we are not called to express any opinion. The is an appeal in a suit in which that issue was raised pending at the present time. The two respondents entered into an agreement with Basanti alias Karimunissa, the effect of which is set forth in the petition. It provided for the payment to the respondents, who were pleaders, of ...
Musammat Rahimunnessa Vs. Badri Das
Court: Allahabad
Decided on: Jan-03-1911
Reported in: 9Ind.Cas.205
1. This appeal arises out of a suit on foot of a mortgage dated the 17th of May 1904. The plaintiff stated in the plaint that the mortgage was made to satisfy a certain decree obtained on the 25th of February 1901 on foot of a mortgage dated the 6th of February 1895. They, therefore, claimed that their mortgage had priority over the defendant's mortgage. The defendant claimed under a mortgage dated the 25th of April, 1904, made by the male owner of the property in favour of his wife who is the present appellant. It appears that when the decree dated the 25th of February 1901 had been obtained, the decree-holder accepted from the judgment-debtor a sale-deed of a certain part of the mortgaged property in full discharge of the decree. Possession, however, it is said, was never given and it is admitted that the adjustment of the decree was never certified to the Court. Subsequently the decree-holder put into execution the decree. The judgment-debtor objected pleading the adjustment. The Co...
Ram Sanehi Vs. Emperor
Court: Allahabad
Decided on: Jan-03-1911
Reported in: 9Ind.Cas.148
1. Ram Sanehi Brahman has been convicted of the offence of murder of one Musammat. Sheoratni, his wife, and sentenced to death. The case has been submitted to us by the Court of Session at Banda for confirmation of sentence. The prisoner has appealed and has been represented by, a learned Vakil of this Court. The plea taken in the memorandum of appeal is to the effect that the evidence on the record is insufficient for, the purpose of bringing home the offence of murder to the appellant. In a paper sent by the convict from jail, it is further said that the accused knows nothing about how his wife was killed. He says that he was absent and on his return he heard that some body had killed his wife and that he went to the Thanadar then and there. He was arrested and sent to the Sadar.2. The learned Sessions Judge has gone very fully into the evidence He starts his judgment by saying that there is no direct evidence in this case and we find on looking into the record that this is correct. ...
Lachan Ram and anr. Vs. Debi Prashad and anr.
Court: Allahabad
Decided on: Jan-03-1911
Reported in: 9Ind.Cas.266
1. Devi Prasad and Balgobind were plaintiffs in a suit for possession of certain property. Their suit was dismissed, the Court of first instance having found that an oral Will had been proved which was fatal to their ease. After the suit had been dismissed, the plaintiffs petitioned the Court for a review of judgment. The Court granted the application and then came to the conclusion that the application should be allowed and allowed it. From this order allowing the application, an appeal has been filed to us. Now no Court can grant an application for review upon the allegation, and that is the only allegation in this case, that new evidence has been discovered which was not within his knowledge without strict proof of such allegation. The only proof that has been shown to us and the only proof that exists in this case of this allegation is a statement made by Balgobind, one of the plaintiffs, and an affidavit of the vaguest possible kind from Devi Prasad, although the former mentions t...
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