Allahabad Court April 1914 Judgments
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Munun Lal and ors. Vs. Munna Lal and ors.
Court: Allahabad
Decided on: Apr-06-1914
Reported in: (1914)ILR36All327
Muhammad Rafiq and Piggott, JJ.1. This was a suit for Bale upon a mortgage. It is now being contested by three persons, who were defendants Nos. 9, 10 and 11 in the original array of parties. In order to make clear the single point raised by this appeal it is sufficient to state the following facts. There was upon a part of the property now in suit a mortgage by conditional sale anterior in date to that of the plaintiffs. The prior mortgagee under this mortgage brought a suit for foreclosure, without impleading the plaintiffs, the puisne mortgagees. He obtained a decree for foreclosure and thus acquired the right, title and interest of the original mortgagor in the property covered by the mortgage by conditional sale. He then transferred the property by an out and out sale to these defendants Nos. 9, 10 and 11, who are now the appellants before us. The mortgage deed on which the present suit is brought is one of the 19th of July, 1890, and the plaintiffs in order to maintain the suit a...
Sheo Gopal and anr. Vs. Najib Khan
Court: Allahabad
Decided on: Apr-03-1914
Reported in: AIR1914All458; (1914)ILR36All398
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This is a judgment-debtor's appeal. The facts are very fully stated in the judgment of the learned Judge of this Court, dated the 6th of June, 1913. It appears that on the 15th of February, 1907, Najib Khan obtained a decree in a pre-emption suit, conditional upon his paying into court the sum of Rs. 1,000 by the 15th of March, 1907. He complied with this condition. The vendee, however, appealed, and on his appeal the claim was dismissed on the 15th of June, 1907. On the 18th of July of the same year a creditor of Najib Khan attached the Rs. 1,000, which was deposited in court for the payment of the decree which he had against Najib Khan for Rs. 193-4-6, and this sum was paid to the creditor. Eventually, however, the High Court remanded the case to the lower appellate court, and that -court affirmed the decree of the court of first instance, that is to say, the decree for pre-emption. The plaintiff Najib Khan, the decree-holder, aft...
Kishun Sahai Vs. Ganga Bux and anr.
Court: Allahabad
Decided on: Apr-03-1914
Reported in: AIR1914All179(2); 25Ind.Cas.408
1. We agree with the view taken by the learned Judge of this Court and dismiss the appeal with costs....
Emperor Vs. Muhammad Ishaq
Court: Allahabad
Decided on: Apr-02-1914
Reported in: (1914)ILR36All362
Piggott, J.1. This is an application in revision by one Muhammad Ishaq who has been convicted of an offence under Section 193, Indian Penal Code, in that he presented before the Court of Small Causes of Benares an application for execution of a decree, duly verified according to law, which contained over the said verification allegations of fact which were not true. So far the case for the prosecution has been fully made out: Muhammad Ishaq did present an application for execution in which he stated that a decree had been passed, by the very court to which he was applying, in his favour, for a certain sum of money against Bhola Sahu. It appears that on the date in question no decree had been passed in favour of Muhammad Ishaq against the defendant Bhola Sahu, although a suit was pending which ended later on in a decree in favour of Muhammad Ishaq. This decree again was not for the precise sum alleged in Muhammad Ishaq's application for execution. The Magistrate who tried the case in th...
Muhammad Ishaq Vs. Emperor
Court: Allahabad
Decided on: Apr-02-1914
Reported in: AIR1914All170; 25Ind.Cas.331
Piggott, J.1. This is an application in revision by one Muhammad Ishaq who has been convicted of an offence under Section 193, Indian Peral Code, in that he presented before the Court of Small Causes of Benares an application for execution of a decree, duly verified according to law, which contained in the said verification allegations of fact which were not true. So far the case for the prosecution has been fully made put. Muhammad Ishaq did present an application for execution in which he stated that a decree had been passed by the very Court to which he was applying in his favour for a certain sum of money against Bhola Sahu. It appears that on the date in question no-decree had been passed in favour of Muhammad Ishaq against the defendant Bhola Sahu, although a suit was pending which ended later on in a decree in favour of Muhammad Ishaq. This decree was again not for the precise sum alleged in Muhammad Ishaq's application for execution. The Magistrate who tried the case in the fir...
President, Kayastha Pathshalla, Allahabad Vs. Sheo Balak and ors.
Court: Allahabad
Decided on: Apr-01-1914
Reported in: AIR1914All70; 24Ind.Cas.98
George Knox, J.1. The matter raised in this second appeal is not res integra. It falls within the decision of this Court in Hadi Hasan Khan v. Pati Ram 19 Ind. Cas. 416 : 11 A.L.J. 236 : 35 A. 200. and sitting as a single Bench I am bound by that ruling. The appeal prevails, the decree of the lower Appellate Court is set aside and the case is remanded to that Court with directions to readmit the case upon its ile of pending appeals and to determine it according to law. Costs will abide the result....
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