Allahabad Court July 1912 Judgments
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Sri Chand Vs. Murari Lal
Court: Allahabad
Decided on: Jul-17-1912
Reported in: (1912)ILR34All628; 16Ind.Cas.183
Muhammad Rafiq and Piggott, JJ.1. In this case, the appellant, Sri Chand, held a decree against one Murari Lal. Proceedings to have this judgment-debtor declared insolvent were pending from the 21st of February, 1911, to the 1st of February, 1912. Sri Chand, as one of the creditors, had notice of these proceedings. While, however, they were going on, he took an opportunity to continue executing his decree, and we can find nothing in law to prevent him from doing so, up to the date when an order of adjudication was passed. He attached certain immovable property of his judgment-debtor and got it put up to sale, and the sale proceeds were deposited in court in the month of January, 1912. We think he was entitled to the money so deposited, and the order of the court below to the contrary was wrong. The deposit was for the benefit of the decree-holder. It was not the property of the judgment-debtor which could vest in the court or in the official receiver under the provisions of Section 16,...
Asghar Ali Vs. Sis Ram and ors.
Court: Allahabad
Decided on: Jul-17-1912
Reported in: (1913)ILR35All19
Muhammad Rafiq and Piggott, JJ.1. In this case, the plaintiff is the landholder and the defendants are the tenants of certain land. The conditions of the tenancy are determined by a registered qabuliat, dated January the 3rd, 1907. By this instrument the defendants contracted to pay to the plaintiff for the use and occupation of this land an annual rent of Rs. 99, and they further contracted that they would also render to the plaintiff certain zamindari dues (rasum zamindari) which are set forth in detail, and that in the event of their failing to do so, the plaintiff might claim the cash value of the said dues along with the rent. It may be convenient at once to state what these dues were. The defendants were to deliver to the plaintiff annually 1 jar containing treacle or raw sugar, 25 bundles of cattle fodder, 2 bundles of bhusa, 4 jars containing sugarcane juice, 1 basket load of cow-dung cakes, and 5 pakka seers of hemp. The defendants further undertook to give the plaintiff the u...
Susram and ors. Vs. Sayad Asghar Ali
Court: Allahabad
Decided on: Jul-17-1912
Reported in: 16Ind.Cas.422
1. In this case the plaintiff is the land holder and the defendants are the tenants of certain land. The conditions of the tenancy are determined by a registered qabuliat, dated January the 3rd, 1907. By this instrument, the defendants contracted to pay to the plaintiff for the use and occupation of this land an annual rent of Rs. 99 and they further contracted that they would also render to the plaintiff certain zemindari dues (rasum zemindari) which are set forth in detail, and that, in the event of their failing to do so, the plaintiff might claim the cash value of the said dues along with the rent. It may be convenient at once to state what these dues were. The defendants were to deliver to the plaintiff annually, 1 jar containing treacle or raw sugar, 25 bundles of cattle fodder, 2 bundles of bhusa, 4 jars containing sugar cane juice, 1 basket load of cow-dung cakes, and 5 pukka seers of hemp. The defendants further undertook to give the plaintiff the use of a cart and bullocks wh...
Nawab Khan Vs. Muhammad Zamin
Court: Allahabad
Decided on: Jul-16-1912
Reported in: (1912)ILR34All649
Henry Richards, C.J. and Tudball, J.1. This appeal arises out of an election petition. Nawab Khan was one of the electors at an election of the Municipal Board of Allahabad, which was held on the 8th of March, 1911. At that election the respondent, Muhammad Zamin, was declared duly elected. Within fifteen days the present petition questioning the validity of the election was presented in the court of the Additional Munsif. The grounds for questioning the election are set forth in paragraph 6 of the petition. In Clause (a) it is asserted that fraudulent proceedings were taken and threats were held out, and the defendant, his agents or friends made unauthorized persons vote in place of rightful voters. Four instances of impersonation were then set forth, and it went on to assert that other names would be given later on after the inspection of the ballot papers. Before the petition was heard the petitioner was in a position to give further cases of personation and the petition was amended...
Nawab Khan Vs. Mohammad Zamin
Court: Allahabad
Decided on: Jul-16-1912
Reported in: 16Ind.Cas.191
1. This appeal arises out of an election petition. Nawab Khan was one of the electors at an election of the Municipal Board of Allahabad which was held on the 8th of March 1911. At that election, the respondent, Muhammad Zamin, was declared duly elected. Within 15 days, the present petition, questioning the validity of the election, was presented in the Court of the Additional Munsif. The grounds for questioning the election are set forth in paragraph No. 6 of the petition. In Clause (a), it is asserted that fraudulent proceedings were taken and threats were held out and the defendant, his agents or friends, made unauthorised persons vote in place of rightful voters. Four instances of impersonation were then set forth, and it went on to assert that other names would be given later on after the inspection of the ballot papers. Before the petition was heard, the petitioner was in a position to give further cases of personation and the petition was amended by adding the particulars of six...
Bishnath Kalwar and ors. Vs. Krishna Jiva Tewari and ors.
Court: Allahabad
Decided on: Jul-15-1912
Reported in: (1912)ILR34All615
Muhammad Rafiq and Piggott, JJ.1. This was a suit for sale upon a mortgage of August the 9th, 1883, brought by the heirs and representatives of the original mortgagee against the heirs and representatives of the four mortgagors, together with some subsequent transferees. The Court of first instance decreed the plaintiffs' claim, exempting a one-fifth share in the property originally mortgaged from the operation of the decree. An appeal' by the defendants was dismissed by the District Judge of Ghazipur. Coming to this Court in second appeal, the defendants, or rather six defendants out of a large number who were impleaded in the court of first instance, have raised substantially five points. For convenience sake, we deal with them in the order in which they were raised. The first point taken is that the evidence on the record is not legally sufficient to prove the execution of the deed in suit, regard being had to the provisions of Section 59 of the Transfer of Property Act, No. IV of 1...
Ahmad Sayed Khan Vs. Digambar Singh
Court: Allahabad
Decided on: Jul-15-1912
Reported in: 16Ind.Cas.361
Henry Richards, C.J.1. This appeal arises out of a suit for pre-emption. The appellant is the vendee. The main facts are simple and admitted. The property is situate in a village of the name of Palakher. In the year 1863 and up to the year 1905, the village consisted of a single mahal. Then there was a partition and the village was' divided into five separate and independent mahals. On the 12th of July 1909, Bhawani Das executed the sale-deed, which has given rise to the present suit in favour of Kunwar Ahmad Sayed Khan, the appellant. The property, which the plaintiff seeks to pre-empt, and which was the subject-mattar of the sale-deed, is situate in Mahal Bhawani Das. This mahal is divided into four portions. Three of these portions, which constituted the greater part of the mahal, were the property of the vendor Bhawani Das. The defendant vendee was at the time of sale the mortgagee in possession of the first of these divisions, namely, a share covering an area of 902 bighas, 16 bis...
Krishna Jiva Tewari and ors. Vs. Bishnath and ors.
Court: Allahabad
Decided on: Jul-15-1912
Reported in: 16Ind.Cas.392
1. This was a suit for sale upon a mortgage of August the 9th, 1883, brought by the heirs and representatives of the original mortgagee against the heirs and representatives of the four mortgagors, together with some subsequent transferees. The Court of first instance decreed the plaintiff's claim, exempting 1/5th share in the property originally mortgaged from the operation of the decree. An appeal by the defendants was dismissed by the District Judge of Ghazipur. Coming to this Court in second appeal, the defendants, or rather six defendants out of a large number who were impleaded in the Court of first instance, have raised substantially five points. For convenience sake, we deal with them in the order in which they were raised. The first point taken is that the evidence on the record is not legally sufficient to prove the execution of the deed in suit, regard being had to the provisions of Section 59 of the Transfer of Property Act, IV of 1882, and Sections 68 and 69 of the Indian ...
Lala Vs. Nahar Singh
Court: Allahabad
Decided on: Jul-13-1912
Reported in: (1912)ILR34All658
Richards, C.J., and Banerji, J.1. We think that the court was quite justified in finding that the deceased occupancy tenant, Siya Ram, was a Sudra, and could adopt a daughter's son. This being so, the only question which remains is whether or not an adopted son is a lineal descendant within Section 22 of the Tenancy Act, and in our opinion he clearly is. An adopted son is in the eye of the Hindu law just the same as a natural born son. The appeal fails and is dismissed, but without costs, as no one appears on behalf of the respondents....
Kamla Prasad Vs. Emperor
Court: Allahabad
Decided on: Jul-13-1912
Reported in: 17Ind.Cas.574
Rafique, J.1. This is a Reference made by the learned Sessions Judge of Gorakhpur, under Section 438 of the Code of Criminal Procedure, recommending that the conviction of one Kamla Prasad, under Section 290 of the Indian Penal Code, be set aside and the sentence of fine be remitted. The circumstances which gave rise to the prosecution of Kamla Prasad are as follows: Kamla Prasad is a karinda of the Rani of Gopalpur. A bazar is held at a place called Gola, which, it is said, is comprised in the zemindari of the Rani. In the afternoon of March 26th, 1912, the second officer of the Police Station of Gola was passing through the bazar on an ekka. He found a crowd in the bazar which intercepted his further progress. On dispersing the crowd, it was discovered that Kamla Prasad was sitting on a charpoy in the middle of the road, and there were two chairs, one on each side of the charpoy occupied by the friends of Kamla Prasad. On demand by the Sub-Inspector, the charpoy and the chairs were r...
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