Allahabad Court August 1915 Judgments
Hakim Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Aug-10-1915
Reported in: AIR1915All215; 31Ind.Cas.826
Henry Richards, C.J.1. The five appellants Hakim Singh, Dal Singh, Gandharp Singh, Hukam Singh, and Khem Singh have been ordered to furnish security under Section 110 of the Code of Criminal Procedure. All five are thakurs. Hukam Singh and Dal Singh reside in one village, the other three in another village. Hukam Singh and Dal Singh have been represented by Mr. Bajpai, whilst the other three applicants have been represented by Mr. Sital Prasad Ghose. They were separately represented in the Court below also. I have gone carefully through the evidence on both sides. The learned District Magistrate in confirming the order of the. Court below says: 'There is no doubt that the Magistrate has admitted a great deal of evidence which was quite inadmissible, for instance, the evidence of suspicions without any tangible ground having been stated for these suspicions, also second hand evidence or mere hearsay about what some person told another person and that person not being produced as a witne...
Tag this Judgment!Rao Girraj Singh and ors Vs. Desraj and
Court: Allahabad
Decided on: Aug-04-1915
Reported in: (1916)ILR39All37
Henry Richards, C.J. and Pramad Charan Banerji, J.1. This appeal arises out of an insolvency matter. One Sagar Mal was adjudicated an insolvent upon his own petition on the 1st of August, 1914 His petition of insolvency was presented on the 3rd of May previously. A receiver was duly appointed, who attached certain crops growing on an occupancy holding which belonged to the insolvent. Desraj objected and said that the crops were his, Sagar Mai having executed a lease in his favour on the 16th of April, 1914. He lodged security with the receiver and had the crops released. He then made an application to have his money returned to him. Rao Girraj Singh, one of the creditors who had obtained a decree against Sagar Mal, challenged the validity of the lease, alleging that the lease was fictitious and that the value of the occupancy holding was far beyond the rent mentioned in the lease, which was the sum of Rs. 260 per annum. He further alleged that the insolvent was in actual possession and...
Tag this Judgment!Emperor Vs. Bhole Singh
Court: Allahabad
Decided on: Aug-04-1915
Reported in: (1916)ILR39All32
Tudball, J.1. The present application has arisen from the following facts: One Paras Ram, a village headman, on the 17th of February last, filed before the District Magistrate a petition in which he stated that he wished to resign life post as village headman as he was too old and unable to do his work. The District Magistrate apparently doubted the correctness of the reason given and questioned the man. In reply to questions put to him the man stated that the police of a certain police station were investigating a dacoity case and in the course of their investigation they were forcing a large number of people to pay money to them; that he was afraid of getting into trouble through this matter and he therefore wished to resign. The District Magistrate in his explanation states that he treated this as a complaint and he thereupon put Paras Ram on oath and examined him again. What he stated was then reduced to writing. On completion of his statement the Magistrate gave a rubkar to a chap...
Tag this Judgment!Desraj Vs. Sagar Mal
Court: Allahabad
Decided on: Aug-04-1915
Reported in: AIR1915All389; 31Ind.Cas.716
1. This appeal arises out of an insolvency matter. One Sagar Mal was adjudicated an insolvent upon his own petition on the 1st of August 1914. His petition of insolvency was presented on the 3rd of May previously. A Receiver was duly appointed, who attached certain crops growing on an occupancy holding which belonged to the insolvent. Desraj objected and said that the crops were his, Sagar Mal having executed a lease in his favour on the 16th of April 1914. He lodged security with the Receiver and had the crops released. He then made an application to have his money returned to him. Rao Girraj Singh, one of the creditors who had obtained a decree against Sagar Mal, challenged the validity of the lease, alleging that the lease was fictitious and that the value of the occupancy holding was far beyond the rent mentioned in the lease, which was the sum of Rs. 260 per annum. He further alleged that the insolvent was in actual possession and cultivated the land. The learned District Judge in...
Tag this Judgment!Bhole Singh Vs. Emperor
Court: Allahabad
Decided on: Aug-04-1915
Reported in: AIR1915All457; 31Ind.Cas.823
Tudball, J.1. The present application has arisen from the following facts: One Paras Ram, a village headman, on the 17th of February last filed before the District Magistrate a petition in which he stated that he wished to resign his post as village headman as he was too old and unable to do his work. The District Magistrate apparently doubted the correctness of the reason given and questioned the man. In reply to questions put to him, the man stated that the Police of a certain Police station were investigating a dacoity case and in the course of their investigation they were forcing a large number of people to pay money to them, that he was afraid of getting into trouble through this matter and he, therefore, wished to resign. The District Magistrate in his explanation states that he treated this as a complaint and he, thereupon put Paras Ram on oath and examined him again. What he stated was then reduced to writing. On completion of his statement, the Magistrate gave a rubkarto a ch...
Tag this Judgment!Emperor Vs. Rustam
Court: Allahabad
Decided on: Aug-03-1915
Reported in: (1916)ILR39All29
Muhammad Rafiq, J.1. The appellant in this case is one Rustam, who was committed to the Court of Session on the charge of murder under Section 302 of the Indian Penal Code. During his trial the learned Sessions Judge added a further charge under Section 307, that is, an attempt at murder, and convicting him under that section sentenced him to transportation for life. The murder was committed as long ago as the 3rd of December, 1897. The case for the prosecution is that on the night of the 3rd of December, 1897, the appellant was driving a camel cart from Farrukhabad. On his arrival at Nandsa he had to change the camel, and asked Sad-ullah, who was in charge of the camel that was relieved, to help him in the harnessing of the other camel and also to accompany him to the next stage. Sad-ullah refused to go with the appellant any further, upon which the appellant took up an axe and attacked him with it and inflicted blows on the head which resulted in almost instantaneous death. Rustam, t...
Tag this Judgment!Durga Prasad and anr. Vs. Emperor
Court: Allahabad
Decided on: Aug-03-1915
Reported in: AIR1915All388(1); 30Ind.Cas.651
George Knox, J.1. The District, Magistrate of Banda in this case appears to have seen Police papers of some kind and then and there to have instituted a case under Section 195 of the Indian Penal Code against two persons, Durga Prasad and Mohiuddin. The utmost 'that appears from the record is that apparently in the eyes of the Police, Durga Prasad and Mohiuddin 'got at' one Musammat Putia, and persuaded her to make a statement to the effect that she had seen certain persons whom she mentions by name, in the act of committing dacoity on her premises, that they apparently persuaded other persons to make statements to the same effect. Assuming for the moment that this is an accurate statement of what did take place, it would not still amount to an offence under Section 195 of the Indian Penal Code. There was no giving of false evidence at that time before the learned District Magistrate. There was no fabricating of false evidence as defined in Section 192 of the Indian Penal Code. The ord...
Tag this Judgment!Rustom Vs. Emperor
Court: Allahabad
Decided on: Aug-03-1915
Reported in: 31Ind.Cas.817a
Rafique, J.1. The appellant in this case is one Rustom, who was committed to the Court of Session on the charge of murder under Section 302 of the Indian Penal Code. During his trial, the learned Sessions Judge added a further charge under Section 307, that is, an attempt at murder, and convicting him under that section sentenced him to transportation for life. The murder was committed as long ago as the 3rd of December 1897. The case for the prosecution is that on the night of the 3rd of December 1897, the appellant was driving a camel cart from Farrukhabad. On his arrival at Nandsa, he had to change the camel and askgd Sadullah, who was in charge of the camel that was relieved, to help him in the harnessing of the other camel and also to accompany him to the next stage. Sadullah refused to go with the appellant any further, upon which the appellant took up an axe and attacked him with it and inflicted blows on the head which resulted in almost instantaneous death. Rustom, the appella...
Tag this Judgment!The Municipal Board of Allahabad Vs. Tikandar Jang
Court: Allahabad
Decided on: Aug-02-1915
Reported in: (1916)ILR39All52
Pramada Charan Banerji and Muhammad Rafiq, JJ.1. The suit out of which this appeal has arisen was brought by the Allahabad Improvement Trust, represented by the Municipal Board of Allahabad, under the following circumstances. For the improvement of the town of Allahabad a road called the Hewett Road was opened out and land was acquired under the Land Acquisition Act. Portions of the land so acquired, not used for the road, were sold by auction under certain conditions set forth in a document which was signed by the Chairman of the Municipal Board and the persons bidding at the auction sales. The defendant purchased a plot of land for Rs. 3,900 j he made a deposit of Re, 1 only and did not pay the balance of the price. The Municipal Board, after issuing notice to the defendant, resold the land. The amount realized at the resale was Rs. 875. The present suit was accordingly brought to recover the difference, namely, Rs. 3,024 from the defendant. The court of first instance decreed the su...
Tag this Judgment!The Allahabad Improvement Trust Represented by the Municipal Board Vs. ...
Court: Allahabad
Decided on: Aug-02-1915
Reported in: AIR1915All388(2); 30Ind.Cas.584
1. The suit out of which this appeal has arisen was brought by the Allahabad Improvement Trust represented by the Municipal Board of Allahabad under the following circumstances. For the improvement of the town of Allahabad a road called the Hewett Koad was opened out and land was acquired under the Land Acquisition Act. Portions of the land so acquired not used for the road were sold by auction under certain conditions set forth in a document, 'which was signed by the Chairman of the Municipal Board end the person bidding at the auction-sale. The defendant purchased a plot of land for Rs. 3,900. He made a deposit of He. 1 only and did not pay the balance of the price. The Municipal Board after issuing notice to the defendant re-sold the land. The amount realized at the re-sale was Rs. 875. The present suit was accordingly brought to recover the difference, namely Rs. 3,024, from the defendant. The Court of first instance decreed the suit. Upon appeal the learned District Judge modified...
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