Allahabad Court March 1914 Judgments
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Asghar Ali Vs. Amina Begam and ors.
Court: Allahabad
Decided on: Mar-23-1914
Reported in: 24Ind.Cas.59
1. The two Appeals Nos. 159 and 215 of 1913 are connected and have arisen out of the following circumstances : One Abdul Ghafoor died some time ago leaving six daughters namely, Anwari, Hasina, Akbari, Asghari, Masiha and Amina. Hasina died after her marriage, leaving two children, Azizur-Rahman and Musammat Habiba Fatima. Musammat Anwari and the two children of Hasina are minors. On the 14th March of 1913 Asghar Ali applied to the District Judge of Moradabad to be appointed guardian of the person and property of the said three minors. No one objected to the application of Asghar Ali with regard to the minors, Azizur-Rahman and Musammat Habiba Fatima. But as regards the application relating to Musammat Anwari Begam, her two married sisters, Akbari Begam and Asghari Begam, filed objections and stated that Musammat Anwari was living then and had, all along since the death of their mother, lived with Musammat Akbari Begam. It was further 'stated in their enjection that the personal wishes...
Fazal HusaIn Khan Vs. Ali HusaIn and ors.
Court: Allahabad
Decided on: Mar-20-1914
Reported in: (1914)ILR36All431
Henry Richards, C.J. and Pramada Charan Banerji, J.1. The suit which has given rise to this appeal was brought by the plaintiff respondent for possession of property the bulk of which belonged to one Gazanfar Husain. The remainder of the property is alleged to have belonged to Azima Bibi, sister of the plaintiff and aunt of Gazanfar Husain. The plaintiff claims as heir to both these persons.2. Gazanfar Husain died on the 13th of May, 1907, but; two days before his death, that is, on the 11th of May, 1907, he executed a deed of waqf in respect of the whole of the disputed property under which the appellants were appointed trustees of the waqf. The validity of the waqf is disputed by the plaintiff on various grounds, the principal grounds being that the donor was suffering from death-illness, (marz-ul-maut); that he had no mental capacity to make the waqf, and that possession was not delivered under it. The court below has found that Gazanfar Husain was suffering from death-illness of wh...
Mahabir Prasad Vs. the Collector of Allahabad
Court: Allahabad
Decided on: Mar-19-1914
Reported in: AIR1914All44; (1914)ILR36All277
Muhammad Rafiq and Piggott, JJ.1. This is an application in revision asking us to set aside the order of the lower court rejecting an application for review filed by the applicant before it. It appears that the applicant instituted a regular suit in the court of the Additional Subordinate Judge of Allahabad, for the recovery of certain property on the allegation that ho was the son of one Thakur Beni Bahadur Singh. The property in suit was at the time in the possession of the Court of Wards, on behalf of a minor. The claim was resisted on the ground, among others, that notice under Section 48 of Local Act No. III of 1899, had not been given as prescribed in the Act, and that the plaintiff applicant was not the legitimate son of Beni Bahadur Singh. Both the pleas in defence were accepted and the claim was dismissed. About five months after the dismissal of the claim the applicant filed a petition in the court of the Subordinate Judge under order XLVII, Rule I, seeking to review the decr...
Rudra Partpap Sahi Vs. Dawan Singh and ors.
Court: Allahabad
Decided on: Mar-19-1914
Reported in: AIR1914All478; 24Ind.Cas.608
ORDERGeorge Knox, J.1. This application is an application made under Section 185 of the Criminal Procedure Code. I fail to see what application Section 185 can have to the case before mo. Section 185 refers to those cases only where some offence is being inquired into or tried. The term 'offence' has been defined in the Criminal Procedure Code. Proceedings under Chapter XII of the Code are not proceedings relating to any offence' : that Chapter is intended to prevent offences, not to deal with offences committed or under commission.2. This section does not apply. The application is dismissed....
Emperor Vs. Gaya Prasad and ors.
Court: Allahabad
Decided on: Mar-17-1914
Reported in: (1914)ILR36All395
Muhammad Rafiq and Piggott, JJ.1. In this case Gaya Prasad, Brahmin, Chadammi Lal, Mallah, Raja Ram, Brahmin, and Nanhe, Bhat, were tried before the Sessions Judge of Cawnpore on a charge under Section 302, Indian Penal Code, in respect of the murder of a woman named Musammat Janki Kunwar and a boy eleven or twelve years of ago named Durga, They have been found guilty and sentenced to death. The Sessions Judge has also, under Section 62, Indian Penal Code, passed an order of forfeiture in respect of all the property of the accused Chadammi Lal. The record is before us for confirmation of the sentences of death and the four accused have all appealed. The case has been fully and ably argued on their behalf. The evidence on the record is voluminous, and the learned Sessions Judge has written a careful and elaborate judgment. In dealing with the matter we may consider first of all the antecedent circumstances of the parties concerned and the evidence of motive. Musammat Janki Kunwar marrie...
Gaya Prasad and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-17-1914
Reported in: AIR1914All402(2); 25Ind.Cas.515
1. In this case Gaya Prasad Brahmin, Chadammi Lal Mallah, Raja Ram Brahmin and Nannha Bhat were tried before the Sessions Judge of Cawnpore on a charge under Section 302, Indian Penal Code, in respect of the murder of a woman named Musammat Janki Koer and a boy eleven or twelve years of age named Durga. They have been found guilty and sentenced to death. The Sessions Judge has also, under Section 62, Indian Penal Code, passed an order of forfeiture in respect of all the property of the accused Chadammi Lal. The record is before us for confirmation of the sentences of death and the four accused have all appealed. The case has been fully and ably argued on their behalf. The evidence on the record is voluminous and the learned Sessions Judge has written a careful and elaborate judgment. In dealing with the matter, we may consider first of all the antecedent circumstances of the parties concerned and the evidence of motive. Musammat Janki Koer married successively two brothers named Kesho ...
Mazhar Ali Khan Vs. Bhagwan Singh and ors.
Court: Allahabad
Decided on: Mar-16-1914
Reported in: (1914)ILR36All272
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This and the connected appear arise out of a suit for contribution brought by the plaintiff, Mazhar Ali Khan. The claim appears to have been brought on a wrong principle and the parties went to trial on a mistaken idea of the principle which governs suits of this description, It appears that on the 14th of March, 1889, one Musammat Kundan made a mortgage of eleven items of property in favour of Muhammad Bakhsh and Khuda Bakhsh, On the 15th of March, 1889, the mortgagees, whose mortgage was a usufructuary mortgage, granted to the mortgagor a lease of the mortgaged property and for securing the payment of the rent reserved by the lease the mortgagors granted a second mortgage of their property to the mortgagees. A part of the mortgaged property, namely, the zammdari share in the village of Adampur was taken away by a pre-emptor, and it seems to be the common case of the parties that this part of the mortgaged property was no longer to...
Masum Ali and ors. Vs. Abdul Aziz and ors.
Court: Allahabad
Decided on: Mar-11-1914
Reported in: (1914)ILR36All268
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This appeal arises out of a suit brought by the plaintiffs against the heirs of Munshi Abdul Karim. The plaintiffs are the members of the Islam Local Agency Committee, Agra. It appears that in the year 1907 a movement was set on foot to collect money for repairing and re-constructing a mosque known as Masjid Hammam Alawardi Khan. The Local Agency Committee themselves sanctioned a subscription of Rs. 3,000; besides this amount Rs. 100 -were paid in cash at that time by Hakim Shafi-ul-lah; Rs. 500 were promised by Munshi Abdul Karim; and another sum of Rs. 3,000 was promised by Munshi Jan Mohammad. Munshi Abdul Karim was appointed treasurer. The Local Agency Committee handed over their contribution of Rs. 3,000 to Munshi Abdul Karim and he also received the donation of Rs, 100 from Hakim Shafi-ul-lah, Munshi Jan Muhammad gave a cheque for Rs. 500, dated the 12th of September, 1907. On the 29th of September, 1907, the cheque was presen...
Emperor Vs. Nanhua
Court: Allahabad
Decided on: Mar-11-1914
Reported in: AIR1914All45; (1914)ILR36All315
Piggott, J.1. This is a reference by the Sessions Judge of Budaun asking this Court to quash a commitment for trial to his court by a first class magistrate of that district. The learned Sessions Judge is of opinion that the order of commitment was made without jurisdiction and is consequently bad in law. It appears that the case was one in which action was first taken in respect of an alleged offence under Section 324 of the Indian Penal Code. It was before a bench of magistrates exercising second class powers and not empowered to commit an accused person for trial to the Sessions. The District Magistrate, acting under Section 528 of the Code of Criminal Procedure, transferred the case to a magistrate of the first class. The latter, acting on the evidence which had already been recorded by the bench of magistrates, framed a charge under Section 326 of the Indian Penal Code and passed an order committing the accused for trial to the Court of Session. It does not appear that the accused...
Pitambar Lal and anr. Vs. Sital and anr.
Court: Allahabad
Decided on: Mar-11-1914
Reported in: AIR1914All195; 25Ind.Cas.263
1. This appeal arises out of a suit on foot of two mortgages, one dated the 30th of October 1897 and the other dated the 10th of September 1901. The name of the mortgagor was Bipat. Bipat was undoubtedly the managing member of the family to which the defendants belong. He was the father of some of the defendants and grandfather of others. The Court below has granted a decree for the sale of the mortgaged property on foot of the mortgage of the 30th of October 1897, but has dismissed the suit of the plaintiff in so far as fie seeks to realise the amount of the mortgage dated the 10th of September 1901. Certain facts are admitted. The mortgage was made by Bipat alone. The purpose for which the money was raised was to purchase a house which had belonged to a woman, named Musammat Mango. The house was in fact purchased and the present mortgage included not only the property which the plaintiff now seeks to sell but also the very house which was purchased. Later on a certain person, claimin...
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