Allahabad Court November 1913 Judgments
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Emperor Vs. Mangal and ors.
Court: Allahabad
Decided on: Nov-12-1913
Reported in: (1914)ILR36All13
George Knox, J.1. This is an application presented on the part of Mangal Prasad and others. The application is supported by an affidavit bearing date the 18th of October, 1913. That affidavit purports to be sworn by one Shambhu, son of Gopi, caste Brahmin, resident of Jangi Ghatin the City of Mirzapar. The application prays (1) that the order of Mr. L. S. White, dated the 1st of October, 1913, be set aside and the order of Babu Jwala Prasad, summoning the Line Inspector, Mr. Firth, and the City Kotwal be restored; (2) that the District Magistrate of Mirzapur and the Superintendent of Police be ordered to be summoned; (3) that after passing these orders the case be transferred to some other competent Magistrate. After hearing the learned Counsel in support of the application I find from the record that this was a case falling under Sections 3 and 1 of Act III of 1867. The accused were sent up by the police and placed before Mr. L. S. White for trial on the 2nd of September, 1913. On tha...
Shankar Bakhsh Singh Vs. Raghubir Prasad and ors.
Court: Allahabad
Decided on: Nov-08-1913
Reported in: (1914)ILR36All40
Griffin and Chamier, JJ.1. The Taxing Officer is of opinion that there was a deficiency of Rs. 63 in the court fee paid by the defendants on the memorandum of objections, presented by them to the lower appellate court. The defendants do not accept his view. The case is not covered by Section 5 of the Court Fees Act, therefore the decision of the Taxing Officer is not final, and the question must be decided by the Bench which hears the appeal.1. The facts are as follows:2. The suit was for the recovery of Rs. 150 principal, and Rs. 1,680 interest, total Rs. 1,830, on foot of a simple mortgage. The Subordinate Judge held that the plaintiff was entitled to Rs. 632-12-11, on account of principal and interest at the date of the suit, and he passed a decree for that amount with interest for six months at the contract rate, and thereafter till realization at the rate of six per cent, per annum. His decree, dated the 29th of April, 1911, which was prepared In the usual form, declared that Rs. ...
Mul Chand Vs. Murari Lal and ors.
Court: Allahabad
Decided on: Nov-07-1913
Reported in: AIR1914All212; (1914)ILR36All8
Ryves and Piggott, JJ.1. This appeal arises out of certain proceedings the nature of which has to a certain extent been misconceived both by the courts below and by the appellant in filing this appeal.2. We find that two persons, Nathu Mal and Fakir Chand, had applied in the court of the District Judge of Meerut to be declared insolvents. That court made over the proceeding for disposal to the Second Additional Judge of Meerut, who proceeded to adjudicate Fakir Chand and Nathu Mal insolvents and to appoint a receiver on the 23rd of November, 1912. This receiver, on information laid by one of the creditors, seized certain movable property, i.e. some cash and a stock of cloth, as property of the insolvents in order to dispose of the same for the benefit of the creditors. He was undoubtedly acting under the provisions of Section 20 of the Provincial Insolvency Act (Act No. III of 1907), and as a matter of fact in this particular matter he acted under the orders of the District Judge.3. Mu...
Mutasaddi Lal Vs. Harkesh and ors.
Court: Allahabad
Decided on: Nov-07-1913
Reported in: (1914)ILR36All11
Knox, Pramada Charan Banerji and Tudball JJ.1. This is a reference made under Sub-section (1) of Section 60 of Act No. II of 1899. The court making the reference is the Munsif of Deoband and the reference was made, as the law requires, through the District Judge of Saharanpur. The document to which the reference relates Is a document contained in a book which purports to be a register of sums payable with respect to the letting out of wooden machines (charkhi) and rollers for pressing sugarcane and iron pans for boiling sugarcane juice. The documents in question are to be found as entries Nos. 20 and 23 for the year 1909 in these registers, The entries are to the effect that 'Harkesh, son of Kunwar, and two others, residents of mauza Salempur, hired a sugarcane pressing machine in consideration of a rent of Rs. 15, from the plaintiff through his karinda (named), that they would pay the hire in Chait, and in default would pay interest at 2 per cent, per mensem.'2. Below this entry appea...
Hargobind and anr. and Kishore Singh and ors. Vs. Tota Ram
Court: Allahabad
Decided on: Nov-04-1913
Reported in: (1914)ILR36All141
Ryves and Piqoott, JJ.1. The facts of this case are sufficiently stated in the judgment of the lower appellate court, and the point in issue before us is a very narrow one. We are now satisfied after examination of the documents produced in accordance with the order of this Court of the 14th of March, 1913, that the appellant Tota Ram took his mortgage from Kishore Singh and obtained his decree against Kishore Singh and his minor son, Bhagwan Singh. It seems clear to us that Kishore Singh would not have been permitted to challenge the validity of his own mortgage, which as a matter of fact he has not attempted to do. In our opinion Tota Ram cannot be allowed to do so either. We are content to refer as authorities on this point to Bishumbhar Dayal v. Parshadi Lal (1912) 10 A. L. L. 112. considered in connection with a very recent case, that of Bakhshi Ram v. Liladhar (1913) I. L. R. 35 All. 353. That Tota Ram is the representative in interest of Kishore Singh and cannot be permitted to ...
Emperor Vs. Ram Dayal and ors.
Court: Allahabad
Decided on: Nov-01-1913
Reported in: (1914)ILR36All26
Tudball, J.1. The five appellants, Ram Dayal, Dodraj, Chote, Kankuar and Adhar Singh have been convicted of the offence of abetment of suicide under Section 306 of the, Indian Penal Code. The two first were sentenced to two years' rigorous imprisonment each and the other three to one and a half years' rigorous imprisonment each.2. On the appeal coming before a Judge of this Court, he directed that notice should issue to the appellants to show cause why their sentences should not be enhanced. Cause is shown on their behalf. The appeal and revision are heard together.4. The appellants are all Brahmans. Ham Dayal and Dodraj are residents of the village of Jarauli in the Mainpuri district. The other three are residents of villages in the neighbourhood thereof. The facts of the case are nearly all admitted and are simple.5. One Ram Lal, Brahman, cousin to Ram Dayal and nephew of Dodraj and resident of Jarauli, died of his sickness about day break on the 27th of June last, leaving a young wi...
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