Allahabad Court October 1913 Judgments
Nand Ram Vs. Chote Lal and anr.
Court: Allahabad
Decided on: Oct-24-1913
Reported in: (1913)ILR35All578
Henry Richards, Kt. C.J. Pramada Charan Banerji and Tudball, JJ.1. This appeal arises out of an election for the municipality of Shahjahanpur. It appears that Lala Nand Ram was a candidate for election and was declared duly elected, Chote Lal and Lachmi Narain presented a petition, under Rule 42 of the election rules framed by the Local Government, in the Munsif's court. The result of the petition was that the election of Lala Nand Ram was declared void. Nand Ram, thereupon, presented an appeal to the District Judge. The District Judge held that he had no jurisdiction and dismissed the appeal. Nand Ram has now appealed to this Court.2. It is argued on his behalf, first, that the rules framed by the Local Government are ultra vires; and, secondly, that even if these rules are valid, the order of the Munsif was a 'decree' from which an appeal lay to the District Judge. Section 187 of the Municipalities Act, I of 1900, provides that the Local Government may frame forms for any proceeding ...
Tag this Judgment!Suranjan Singh and anr. Vs. Ram Bahal Lal and ors.
Court: Allahabad
Decided on: Oct-24-1913
Reported in: (1913)ILR35All582
Henry Richards, Kt., C.J., Pramada Charan Banerji and Tudball, JJ.1. The facts out of which this and the connected appeal, No. 28 of 1913 under the Letters Patent, arise, are shortly as follows: Two suits for pre-emption were brought by rival pre-emptors, These suits resulted in decrees by which the pre-emptors obtained the property in equal shares, conditional upon their paying their half shares of the purchase money into court, within the time specified in the decrees. The time specified elapsed without the purchase money having been paid by either pre-emptor.2. Applications were thereupon made, purporting to be under Section 148 of the Code of Civil Procedure, asking the court to extend the time of payment of the purchase money. The learned Munsif granted the application and extended the time. The purchase money was paid into court within the extended time.3. Appeals were preferred by the defendants vendees against the order of the Munsif extending the time. Afterwards the decrees w...
Tag this Judgment!Emperor Vs. Sailani
Court: Allahabad
Decided on: Oct-22-1913
Reported in: (1914)ILR36All4
Pramada Charan Banerji and Ryves, JJ.1. Sailani and Ram Ghulam were originally put on their trial for causing simple hurt to one Kesri. That case was compounded, and in consequence both the accused persons wore acquitted. Subsequently Kesri died, and a post mortem examination revealed the fact that his death was due to an injury which he received in the course of the assault made on him by Sailani and Ram Ghulam. The police challaned both these persons under Section 304 of the Indian Penal Code for causing the death of Kesri. The Magistrate committed Ram Ghulam to take his trial under Section 304, but held that the injury which was caused by Sailani to the back of the head of Kesri did not in any way contribute to his death, and that at the utmost Sailani could only be convicted of causing simple hurt under Section 323 of the Indian Penal Code. As he had already been acquitted on that charge the learned Magistrate refused to commit him. The learned Sessions Judge on perusal of the reco...
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