Allahabad Court February 1914 Judgments
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Rajwanta Kunwar Vs. Shiam NaraIn Singh and ors.
Court: Allahabad
Decided on: Feb-20-1914
Reported in: (1914)ILR36All220
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This appeal arises out of a suit on foot of a mortgage, dated the 6th of July, 1904. The principal money secured by the mortgage was the sum of Rs. 250. The present claim is for Rs. 1,068-13-8. The court below granted a decree for sale and awarded the plaintiff interest' at the rate of 6 per cent, per annum from the date of the institution of the suit to the date fixed for payment and awarded no interest after that date. The plaintiff ban appealed on the question of the interest allowed. The other side does not appear. The rate of interest was high, and if we thought that the court below had any discretion in the matter, we doubt that we would have interfered with its exercise of it. It Is contended, however, on behalf of the appellant, that the court below had no discretion in the matter. Order XXXIV, Rule 4, provides that in a suit for sale if the plaintiff succeeds the court shall pass a decree to the effect mentioned in Clauses ...
Abdul Rahim Khan Vs. Ahmad Khan
Court: Allahabad
Decided on: Feb-17-1914
Reported in: AIR1914All517; (1914)ILR36All231
Ryves and Piggott, JJ.1. This case was remanded by this Court for a decision of the issue as to whether the land in dispute formed part of the mahal Raipur. The learned Munsif, on the evidence before him, came to the conclusion that it did, He found on the evidence of the patwari that the plot in question was entered in the record of rights as a part of the abadi and that it had a particular number in the Khasra. It also found that the Government ad other portions of land in the same mahal. On appeal the learned Judge says: 'It is obvious that the Government, when it was owner of the plot, held it revenue-free. In other words this plot became Government property and it ceased to be a part of mahal Raipur.' It has been argued that this is a finding of fact which is binding on us. In our opinion it is not a finding of fact, 1 but is a mixed finding of fact and law. We think that the learned Judge is not right in saying that the fact that the Government was owner of this plot at one time ...
Herbert Archibald Pocock and anr. Vs. the Delhi and London Bank Limite ...
Court: Allahabad
Decided on: Feb-17-1914
Reported in: AIR1914All157; (1914)ILR36All217
Henry Richards, C.J. and Pramada Charan Banerji, J.1. The facts connected with the present appeal are shortly as follows. A Mr. George Pocock made his will on the 4th of October, 1909. In this will he referred to the fact that he had a fixed deposit in the Delhi and London Bank, Limited, Mussoorie Branch, of about Rs. 10,000. He proceeded to give certain legacies oat of that fund. The said George Pocock died on the 15th of November, 1909, and his will was duly proved by the defendant, Mr. Bodycot, who was the executor named. The Bank alleged that during his life-time, namely, some time in the year 1906, the Bank advanced to a Mrs. Taylor, a daughter of the deceased, the sum of Rs. 4,000, at the request of Mr. Pocock, the testator, and that he had agreed that the deposit should be security to the Bank for the advance. The executor went into this matter and came to the conclusion that the representation of the Bank was true. There can be very little doubt that the executor was justified ...
Hazari Lal Vs. Emperor
Court: Allahabad
Decided on: Feb-11-1914
Reported in: AIR1914All206; 25Ind.Cas.326
Piggott, J.1. Hazari Lal, a resident of Allahabad, has been convicted of disobeying a written notice lawully issued by the Municipal Board of Allahabad, under the powers conferred upon it by the United Provinces Municipalities Act of 1900. He comes to this Court in revision, and the one substantial point raised by him is that the prosecution has not proved that the notice which he is alleged to have disobeyed was a notice lawfully issued by the Municipal Board of Allahabad, under the powers conferred upon it. If this were a point taken for the first time in revision, I am not certain that I should have considered it my duty to go into it. I find, however, that this defence was in substance taken before the Court below and that the trying Magistrate refused to entertain it. The Magistrate was 'of opinion that, if he had entered into this defence, he would be permitting the accused before him to contravene the provisions of Section 152 of the Municipalities Act. That section, however, ap...
Muhammad Fakhr-ud DIn Vs. Bhikhi Ram
Court: Allahabad
Decided on: Feb-10-1914
Reported in: AIR1914All397; (1914)ILR36All212
Ryves and Piggott, JJ.1. This proceeding, though registered as a First Appeal from an Order of a Civil Court, is in reality an application to this Court to exercise its powers under Clause 6 of Section 195 of the Code of Criminal Procedure to revoke a sanction which has been given by the District Judge of Cawnpore for the prosecution of one Haji Hafiz Muhammad Fakhruddin on charges under Sections 182 and 211 of the Indian Penal Code. The said Haji Hafiz Muhammad Fakhruddin had been declared insolvent in the court of the District Judge of Cawnpore and proceedings against him were pending. He presented on the 4th of June, 1913, a written petition to the District Judge of Cawnpore in which he alleged, in effect, that one Bhikhi Ram had, under cover of proceedings which were being taken by the Receiver appointed under orders of the Court, and in collusion with a subordinate agent of the Receiver and with another person, dishonestly taken possession of certain property, to wit, a large numb...
Husaini Khanum and anr. Vs. Bakhtawar Begam
Court: Allahabad
Decided on: Feb-06-1914
Reported in: (1913)ILR36All195
1. Ordinarily, and in the absence of a special condition entitling the mortgagor to redeem during the term for which the mortgage is created, the right of redemption can only arise on the expiration of the specified period. But there is nothing in law to prevent the parties from makings provision that the mortgagor may discharge the debt within the specified period, and take back the property. Such a provision is usually to the advantage of the mortgagor.2. The father of the plaintiff executed a mortgage by way of conditional sale on the 6th of January, 1830, in respect of 12 villages in favour of the predecessor in title of the principal defendant; and there was at the time of execution a contemporaneous agreement 'that the sale would be cancelled on payment of the amount of consideration in nine years,' In a suit brought on the 6th of January, 1899, for. redemption the High. Court held on the construction of the contract that the suit was not barred, as the right to redeem only arose...
Emperor Vs. Haidar Raza
Court: Allahabad
Decided on: Feb-06-1914
Reported in: (1914)ILR36All222
Piggott, J.1. This is an application in revision against an order by the Sessions Judge of Gorakhpur dismissing the appeal of one Saiyid Haidar Raza against his conviction of an offence punishable under Section 161 of the Indian Penal Code, before a magistrate of the first class in that district, in which he had been sentenced to three months' rigorous imprisonment. The following facts are material: On the 26th of June, 1913, a bench of honorary magistrates consisting of two magistrates, sitting at Tamkohi in the Gorakhpur district, had before it a petty criminal case in which one Sukhari was the complainant. The magistrates were informed that the parties were inclined to compromise, and as the offence was a compoundable one, they gave the parties an opportunity to discuss matters out of court. Later in the day the magistrates were informally told of a difficulty which had arisen in arranging the terms of the compromise, and Sukhari made a statement to the effect that he had paid certa...
Haidar Raza Vs. Emperor
Court: Allahabad
Decided on: Feb-06-1914
Reported in: 25Ind.Cas.321
Piggott, J.1. This is an application in revision against an order by the Sessions -Judge of Gorakhpur dismissing the appeal of one Saiyad Haider Raza against his conviction of an offence punishable under Section 164 of the Indian Penal Code, before a Magistrate of the first Class in that District, in which he had been sentenced to three months' rigorous imprisonment. The following facts are material: On June the 26th, 1913, a Bench of Honorary Magistrates consisting of two Magistrates, sitting at Tamkohi in the Grorakhpur District, had before it a petty criminal case in which one Sukhari was the complainant. The Magistrates were informed that the parties were inclined to compromise, and as the offence was a compoundable one, they gave the parties an opportunity to discuss matters out of Court. Later in the day the Magistrates were informally told of a difficulty which had arisen in arranging the terms of the compromise, and Sukhari made a statement to the effect that he had paid certai...
Jagarnath Sahu Vs. Parmeshwar Narain
Court: Allahabad
Decided on: Feb-05-1914
Reported in: (1914)ILR36All209
Ryves and Piggott JJ.1. This is an application in revision to set aside an order purporting to have been passed under Section 137 of the Code of Criminal Procedure. The facts appear to be as follows: The applicant Jagarnath Sahu owns a field No. 35 in the village of Jaraso. This field is on the extreme northern border of that village. It marches with field No. 52 and a portion of field No. 53 of village Deokali It appears that the level of field No. 35 is below that of the surrounding fields, and the result was that the surplus water had flowed in the past over this field into a tank to the south of the field in the village of Jaraso. It is said that Jagarnath Sahu has erected a band on the north of this tank and has also raised the level of the field No. 35 to such an extent that the flood-water, instead of flowing into the tank as it used to do, is now held hack and thus causes injury to the field No. 53 of Deokali in particular and also to some of the neighbouring fields. An applica...
Emperor Vs. Jaggan and anr.
Court: Allahabad
Decided on: Feb-04-1914
Reported in: (1914)ILR36All239
Knox, J.1. This is an application for the transfer of a case pending in the court of the Joint Magistrate of Cawnpore and the prayer is that it be transferred to another district outside Cawnpore and be tried there by a competent Magistrate. The application is, as the law requires, supported by an affidavit. The affidavit extends over twenty-one paragraphs. The person who makes the affidavit is one Kunwar Cheda Singh and he describes himself as the pairokar of the applicants Jaggan and Budhu.2. The proceedings out of which the application arises are proceedings brought under Section 110 of the Code of Criminal Procedure.3. The record is not before me, but the applicants have been represented in court by learned Counsel. The application has been opposed by the learned Government Advocate appearing on behalf of the District Magistrate of Cawnpore. From the arguments addressed to me the case is apparently one which was based upon Section 110, Clause (d). The learned Counsel who appears fo...
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