Allahabad Court April 1914 Judgments
Muhammad Amir and ors. Vs. Sumitra Kuar and ors.
Court: Allahabad
Decided on: Apr-30-1914
Reported in: AIR1914All441; (1914)ILR36All424; 24Ind.Cas.97
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This appeal arises 'out of a suit in which the plaintiffs, who are nine members of the Muham-madan community, claimed a declaration that a certain mosque, mausoleum, the site of an imambara, together with a flower garden appertaining to the mosque and imambara and a pacca well built by Choti Bibi are waqf property, and that a western door which appertained to the waqf property might be re-opened, and other reliefs. Both the courts below have dismissed the suit as barred by the principle of res judicata. It appears that in the year 1887 two persons brought a suit in respect of certain property which included the property now in suit, against the predecessors in title of the present defendants, who were auction-purchasers in execution of a decree against one Abdullah Khan. In that suit it was expressly held that the plaintiffs had failed to prove that the property or any part thereof, was waqf. It is said, on behalf of the appellants,...
Tag this Judgment!Tej Pal-decree-holder Vs. Tara Singh and anr.
Court: Allahabad
Decided on: Apr-30-1914
Reported in: AIR1914All467; 24Ind.Cas.93
1. The facts which have given rise to this appeal are as follows : The appellant in this case sued on a mortgage and obtained a decree, in execution of which he purchased the mortgaged property. The respondents were impleaded in the suit as defendants on the ground that they had purchased the same property under a prior mortgage. The respondents resisted the suit on the ground that no decree for sale on the mortgage of the appellant could be passed, but that the appellant may be allowed first to redeem the prior mortgage. The plea in defence was not accepted by the Court below, and a decree for sale was passed subject to the prior mortgage of the 7th of August 1866. The appellant purchased the mortgaged property in execution of his decree and obtained possession of the property purchased through, Court. The respondents then filed an application to the Court which had delivered possession to the appellant praying that possession be restored to them as they had been wrongfully dispossess...
Tag this Judgment!Ram Deo, Banaraj and ors. Vs. Baleshar and anr.
Court: Allahabad
Decided on: Apr-29-1914
Reported in: (1914)ILR36All408
Muhammad Rafiq and Piggott, JJ.1. The facts of this case are as follows: On the 25th of July, 1823, Mohan Singh, the eldest of three brothers, executed a deed of mortgage in favour of Ishri Prasad Singh in lieu of Rs, 601 in respect of the 5 anna 4 pie share of all the three brothers. Mohan Singh died leaving two sona Munni Singh and Naipal Singh. The descendants of Mohan Singh and his two brothers, with the exception of his second son, namely, Naipal Singh, executed a deed of sale on the 3rd of May, 1883, in respect of their shares in the equity of redemption in the 5 anna 4 pie share in favour of Ram Bharos and Ram Kumar. Ram Bharoa and Ram Kumar instituted a suit for redemption in April, 1884, against the heirs of Ishri Prasad Singh in respect of the entire 5 anna 4 pie share mortgaged on the 25th of July, 1823. They stated in their plaint that they were transferees to the extent of 2 anna 8 pie share only. But as the mortgage sought to be redeemed was one transaction and could not ...
Tag this Judgment!Rupan Bibi Vs. Bhagelu Lal
Court: Allahabad
Decided on: Apr-29-1914
Reported in: AIR1914All420; (1914)ILR36All423; 25Ind.Cas.320
Tudball and Chamier, JJ.1. This appeal arises out of a suit brought by the plaintiff appellant to have it declared that a certain succession certificate granted to the defendant by the District Judge on the 2nd of July, 1909, had been obtained by means of false evidence and should therefore be set aside, and also that a decree, dated the 23rd of March 1911, which had been passed on the basis of the said certificate might also be set aside. It appears that one Ajudhia Prasad died, and the defendant applied to the District Judge for a succession certificate in order to enable him to collect debts due to the estate, among them being one due from the present plaintiff appellant. After inquiry the District Judge granted the certificate. A suit was brought against the present Plaintiff and was decreed. It is this decree which the present plaintiff seeks to set aside. In our opinion no such suit will He. The certificate is conclusive as against the debtors under Section 16 of the Succession C...
Tag this Judgment!Kunj Kishore and ors. Vs. the Official Liquidator, Shri Baldeo Mills L ...
Court: Allahabad
Decided on: Apr-29-1914
Reported in: (1914)ILR36All416
Muhammad Rafiq and Piggott, JJ.1. This is one of a aeries of appeals arising out of proceedings in liquidation in respect of a trading company known as the 'Shri Baldeo Mills, Limited.' In some of these appeals there are special circumstances to be considered, so that the decision in the present case (First Appeal from Order No. 61 of 1913) will not necessarily govern the whole aeries; but this appeal raises in a form free from accidental complications a single point which is common to all of them. The appellants are holders in due course of a number of bills of exchange, or hundis, which purport to be drawn on behalf of the Shri Baldeo Mills on themselves, in favour of a firm known as Din Chand Lalji Mal. Their case is that the Shri Baldeo Mills are liable to them as principal debtors in respect of these hundis, for which they undoubtedly gave good consideration, and the firm of Dip Chand Lalji Mal as sureties. The official liquidator, in charge of the affairs of the Shri Baldeo Mills...
Tag this Judgment!The Provincial Bank, Ld Vs. Ghanga Mal
Court: Allahabad
Decided on: Apr-29-1914
Reported in: (1914)ILR36All412
Muhammad Rafiq and Piggott, JJ.1. The three appeals of Changa MaL, Durga Prasad and Jagmandar Das, marked as Nos. 196, 197 and 198 respectively of 1913, arise out of the proceedings in liquidation of the Provincial Bank, Limited, Meerut. It appears that the official liquidator called upon the three appellants to contribute the balance of the price of shares which had been allotted to them at different times by the board of directors of the bank. The appellants objected to be put on the list of contributories and supported their objections on several technical pleas. The learned Judge disposed of their objections in a very summary manner without discussing the objections or giving any reason for rejecting them. In appeal three objections are urged on behalf of the appellants, namely, that the board of directors which allotted the shares to the appellants was not properly constituted, that the allotment was made after an unreasonable delay and that no notice of allotment was given to or ...
Tag this Judgment!Changa Mul and ors. Vs. Provincial Bank Ld.
Court: Allahabad
Decided on: Apr-29-1914
Reported in: AIR1914All471; 25Ind.Cas.210
1. The three appeals of Changamul, Durga Prasad and Jagmander Das marked as Nos. 196, 197 and 198 respectively of 1913 arise out of the proceedings in liquidation of the Provincial Bank Limited, Meerut. It appears that the Official Liquidator called upon the three appellants to contribute the balance of the price of shares which had been allotted to them at different times by the Board of Directors of the Bank. The appellants objected to be put on the list of contributories and supported their objection on several technical pleas. The learned Judge disposed of their objections in a very summary manner without discussing the objections or giving any reason for rejecting them. In appeal three objections are urged on behalf of the appellants, namely, that the Board of Directors which allotted the shares to the appellants was not properly constituted, that the allotment was made after an unreasonable delay and that no notice of allotment was given to or received by the appellants. The firs...
Tag this Judgment!Kunj Kishore and ors. Vs. W. K. Porter, Official Liquidator of Shri Ba ...
Court: Allahabad
Decided on: Apr-29-1914
Reported in: AIR1914All238; 24Ind.Cas.29
1. This .is one of a series of appeals arising out of proceedings in liquidation in respect of a trading Company known as. the 'Shri Baldeo Mills, Limited.' In some of these appeals there are special circumstances to be considered, so that the decision in the present case (First Appeal from Order No. 61 of 1913) will not necessarily govern the whole series : but this appeal raises in a form free from accidental complications a single point which is common to all of them. The appellants are holders in due course of a number of Bills-of-Exchange, or hundis, which purport to be drawn on behalf of the Shri Baldeo Mills on themselves in favour of a firm known as Dip Chand-Lalji Mall. Their case is that the Shri Baldeo Mills are liable to them as principal debtors in respect of these hundis, for which they undoubtedly gave good consideration, and the firm of Dip Chand-Lalji Mall as sureties. The- Official Liquidator in charge of the affairs of the Shri Baldeo Mills referred the appellants' c...
Tag this Judgment!Baleshwar and anr. Vs. Ram Deo
Court: Allahabad
Decided on: Apr-29-1914
Reported in: AIR1914All481; 24Ind.Cas.104
1. The facts of this case are as follows : On the 25th of July 1823 Mohan Singh, the eldest of three brothers, executed a deed of mortgage in favour of Ishri Prasad Singh in lieu of Rs. 601 in respect of 5-annas 4-pies share of all the three brothers. Mohan Singh died leaving two sons, Munni Singh and Nepal Singh. The descendents of Mohan Singh and his two brothers with the exception of his second son, namely, Nepal Singh, executed a deed of sale on the 3rd of May 1883 in respect of their shares in the equity of redemption in the 5-annas 4-pies share in favour of Ram Bharos and Ram Kumar. Ram Bharos and Ram Kumar instituted a suit for redemption in April 1884 against the heirs of Ishri Prasad Singh in respect of the entire 5-annas 4-pies share mortgaged on July the 25th, 1823. They stated in their plaint that they were transferees to the extent of 2-annas 8-pies share only. But as the mortgage sought to be redeemed was one transaction and could not be split up, and as the other persons...
Tag this Judgment!Pearey Lal Vs. W.K. Porter, Official Liquidator
Court: Allahabad
Decided on: Apr-29-1914
Reported in: AIR1914All489; 24Ind.Cas.99
1. The main point raised by this appeal is that which we have to-day decided in First Appeal from Order No. 61 of 1913 See 24 Ind. Cas. 29--Ed. and that decision is in favour of the appellant. There is in this case one complication. The appellant before us had filed a regular suit claiming as against the Shri Baldeo Mills Limited the money which is also the subject of the claim before the Official Liquidator. This suit ended in an order of April the 30th, 1913, by which the Court said that in view of the proceedings in liquidation, Section 242 of the Indian Companies, Act was a bar to the further progress of the suit. The learned Subordinate Judge further noted that he had received from the District Judge of Aligarh general instructions to dismiss all suits pending against the Shri Baldeo Mills Limited. He accordingly dismissed this suit without order as to costs. A decree followed on this order and we have to consider whether this order and decree bar the maintenance of the present cl...
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