Allahabad Court August 1913 Judgments
Kundan Lal Vs. Shankar Lal and anr.
Court: Allahabad
Decided on: Aug-06-1913
Reported in: (1913)ILR35All564
Henry Richards, Kt. C.J.1. This appeal arises out of a suit in which the plaintiff sought a declaration that certain house property which had been attached in execution of a decree against his son, Makhan Lal, was the sole property of the plaintiff and therefore not liable to attachment and sale.2. The facts as found by the court below are as follows. Jawahir Lal had three sons, Mangal Sen, Mohan Lal and Bhupat Lal. Mangal Sen died first, leaving a son, Kundan Lal, the plaintiff in the present suit. Mohan Lal died next and then Bhupat. Neither Mohan Lal nor Bhupat left issue. Two of the houses were acquired in the name of Mohan Lal. The third house was acquired in the name of Kundan Lal, the plaintiff, in the year 1890. The court below has found, and in second appeal we are bound by its finding, that Mangal Sen, Mohan Lal, Bhupat and the plaintiff, Kundan Lal, constituted a joint undivided Hindu family. The next finding is not very clear, but we take it to be this, that there was no ev...
Tag this Judgment!Emperor Vs. Hanuman and ors.
Court: Allahabad
Decided on: Aug-05-1913
Reported in: (1913)ILR35All560
Pramada Charan Banerji and Ryves, JJ.1. In this case four persons, Hanuman, Tippal, Sheoraj and Shankar, were convicted by the learned Sessions Judge of Mirzapur, under Section 304 of the Indian Penal Code, and sentenced to transportation for seven years on two counts; the sentences were to run concurrently. All of them, except Shankar, appealed from their convictions and sentences to this Court. The learned Judge before whom the appeal came for hearing directed that notice should issue to all four of them to show cause why their conviction should not be altered to one under Section 302 of the Indian Penal Code, and why they should not be sentenced to death or to transportation for life. Notice has been served on all four. The facts of the case are very simple. Tippal and Sheoraj are the sons of Bori, who has absconded, and Shankar and Hanuman are their first cousins. Early in August, 1912, there was a dispute between Bori on the one hand and Sheoratan and Madhwa, the deceased, on the ...
Tag this Judgment!Balwant Singh and anr. Vs. Gayan Singh and ors.
Court: Allahabad
Decided on: Aug-01-1913
Reported in: (1913)ILR35All534
Henry Richards, Kt. C.J. and Piggott, J.1. This appeal arises out of a suit for foreclosure. The mortgage is a very old one, being dated the 9th of March, 1869. The mortgage proved for the payment of the sum of Rs. 300 with interest at 1-8 per cent. per mensem, in one lump sum upon a certain specified date, four years from the date of the mortgage. It then provided that if the money was not paid on that date the property should be the absolute property of the mortgagee. There was no stipulation of any kind for the payment of interest after the date fixed; and the mortgage, as mentioned above, was made before the passing of the Transfer of Property Act. Numerous defences were raised in the courts below.2. The court of first instance gave a decree for foreclosure ascertaining the interest at the sum of Rs. 3,178-4-7 together with the Rs. 300 for principal, and provided that if payment was not made on the 20th day of July, 1912, the defendants should be absolutely debarred from all right ...
Tag this Judgment!- ‹ Prev
- Next ›