Allahabad Court August 1914 Judgments
C. Raghunatha Row Sahib Avergal Vs. Vellamoonji Goukden
Court: Allahabad
Decided on: Aug-25-1914
Reported in: 25Ind.Cas.941
Oldfield, J.1. The learned Judge confirmed the decree setting aside the distraint on the ground that it was for an excessive amount. It is contended here with reference to Section 53 (2), Estates Land Act, that the amount, in respect of which the distraint was excessive, should have been ascertained and that the distraint should have been set aside in respect of that amount only and sustained in respect of the remainder of the demand.2. Section 53 (2) is general in its wording. It refers to the pattah as enforceable without qualification to the extent to which it is found to be correct. On its merits appellant's contention would appear to be in accordance with convenience and justice.3. Contra it is urged first that a pattah found incorrect as to the amount of the demand is not partially correct, but totally incorrect, a partially correct pattah being for instance one found correct as to some only out of the items of the holding covered by it. No authority has been shown for this conte...
Tag this Judgment!Farzand Ali Vs. Hakim Ali
Court: Allahabad
Decided on: Aug-08-1914
Reported in: AIR1914All491; (1915)ILR37All26
Piggott, J.1. This is an application in revision in respect of certain proceedings taken by Magistrate under Section 133 and the succeeding sections of the Code of Criminal Procedure. The matter appears to have been brought to the notice of the Magistrate by a petition presented by a person of the name of Hakim Ali. That petition stated in substance that Farzand Ali, who is the applicant now before me, had recently enlarged his dwelling-house by making certain constructions which had the effect of obstructing a portion of a public way used by the residents of two villages, and that serious inconvenience was thereby being caused to the petitioner and other residents of the neighbourhood. After notice had issued to Farzand Ali, the latter applied in accordance with law for the appointment of a jury to try the question whether the conditional order issued by the Magistrate for the removal of the alleged obstruction was a reasonable and proper order. Farzand Ali, as he was entitled to do, ...
Tag this Judgment!Lala Baru Mal Vs. Dwarka Dass
Court: Allahabad
Decided on: Aug-04-1914
Reported in: AIR1914All410(2); 25Ind.Cas.667
Rafique, J.1. This is an application in revision from a decree of the Small Cause Court Judge of Saharanpur dismissing the claim of the applicant. The latter brought a suit for the recovery of Rs. 362-8 on the basis of a promissory note dated the 23rd of March 1911. It was alleged in the plaint that the defendant had borrowed a sum of Rs. 250 on the 23rd of March 1911 from the plaintiff at Re. 1-8 per cent; per mensem interest and had given a promissory note. The defendant contested the claim. He said that he had borrowed Rs. 150 at Re. 1 per cent. per mensem interest and had given a promissory note for that sum. He denied having given any promissory note for Rs. 250 bearing interest at Re. 1-8 per cent. per mensem to the plaintiff. He added that probably the plaintiff who bore enmity bad altered the principal sum and the rate of interest in the promissory note. The learned Judge held that the promissory note had been tampered with by the plaintiff and that the latter was not entitled ...
Tag this Judgment!Musammat Nihali Vs. Kanak Singh and anr.
Court: Allahabad
Decided on: Aug-04-1914
Reported in: AIR1914All310; 25Ind.Cas.617
Chamier, J.1. The only question in this appeal is whether the marriage of a Jat widow named Amin Koer divested her of her interest in the property of her first husband. If this question is answered in the negative this appeal must be dismissed.2. It is common ground that Amin Koer was entitled to contract a second marriage. According to the decision of Mula v. Pariah 6 Ind. Cas. 116 : 32 A. 489 : 7 A.L.J. 417 where the rules of her caste allow a Hindu widow to re-marry, the second marriage does not under-the Hindu Law 'divest her of the property of her first husband.3. But a custom to the contrary may, of course, be proved and the defendants essayed to prove such a custom in this case. Both Courts below have held that the custom has not been proved. In second appeal one of the defendants contends that the decisions of the Courts below are erroneous and they rely on the decision in Ram Kishan v. Medh Singh 1 Ind. Cas. 141. That case related to a village the Wajib-ul-arz of which laid do...
Tag this Judgment!Chiranji Lal Vs. Emperor
Court: Allahabad
Decided on: Aug-03-1914
Reported in: AIR1914All276; 25Ind.Cas.986
Henry Richards, C.J.1. Chiranji Lal applied to be declared an insolvent. The case came before the Second Additional Judge of Aligarh, and he, in exercise of the jurisdiction ' conferred upon the Court by Section 43 of the Provincial Insolvency Act of 1907, ordered the debtor to be imprisoned for a term of two months for having fraudulently or vexatiously concealed books of account. The debtor, Chiranji Lal, appealed to this Court against the order of the Second Additional Judge.2. A preliminary objection was taken against the hearing of the appeal to the effect that an appeal did not lie to the High Court, but lay to the District Court. Section 8 of the Bengal, N.W.P. and Assam Civil Courts Act (XII of 1887) provides for the appointment by Government of Additional Judges. Clause (2) of the same section provides that the Additional Judges so appointed shall discharge any of the functions of the District Judge which the District Judge may assign to them, and in discharge of those functio...
Tag this Judgment!Basdeo Vs. Ulfat Rai and ors.
Court: Allahabad
Decided on: Aug-01-1914
Reported in: (1915)ILR37All22
Henry Richards, C.J. and Banerji, J.1. We are not prepared to endorse as a matter of law that the defendants became under the circumstances exproprietary tenants by reason of being in possession of the property. We are inclined to think that the defendants acquired an absolute title to the property. They have admittedly been in possession ever since the year 1891 and such possession has been without any title. This prima facie would give the defendants an absolute title by adverse possession and it would be upon the persons who were entitled to possession to explain and show that the possession of the defendants was not adverse. The learned Judge of this Court says : 'My own opinion is that the appellant in the present case must be held to have acquired the status of an exproprietary tenant by adverse possession for twelve years and more.' We do not think that a person can acquire the 'status' of an exproprietary tenant by adverse possession. True it is that a lease-hold or an expropri...
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