Allahabad Court October 1916 Judgments
Balak and ors. Vs. Aley Hasan and ors.
Court: Allahabad
Decided on: Oct-31-1916
Reported in: AIR1917All212(1); 37Ind.Cas.304
1. This case unfortunately illustrates the danger of not using precise language at some portion or other of the judgment. We strongly recommend Judges of the Courts below, when giving judgment, whatever they may say in their reasons, to conclude their findings by saying that they find as a fact certain specified things. The sole question raised in this case is whether there was mortgage or not, and inasmuch as a mortgage exists and was recorded in the patwari's papers, the only question is whether it can be satisfactorily proved. The first Court held against it. It is quite true that it held that the witnesses were subservient to the plaintiff and that they were tutored; but if one is to be very precise, it never found that they were not telling the truth. It is only by implication that it found that they were not to be believed. The second Court has done precisely the same thing, with the converse proposition. The second Court has agreed that they were certainly not independent but th...
Tag this Judgment!Amir Kazim Vs. Musi Imran and ors.
Court: Allahabad
Decided on: Oct-30-1916
Reported in: (1917)ILR39All158
Walsh and Stuart, JJ.1. Five connected appeals are brought before us, as to two of which we direct an adjournment, namely, Nos. 145 and 146, and as to the remaining three, decrees must be drawn up in accordance with this judgement. It is not necessary to discriminate between the appeals of the parties thereto. The question raised involves really one simple issue, though it is difficult, no doubt, to determine it. The facts are sufficiently sec out in the judgement of the court below. The present position is not satisfactory and the order of the court below must be reversed. The matter relates primarily to the person and also to the property of one Ali Imran, a young man who was brought up at St. George's College, Mussoorie, where he was educated together with his present guardian, and later at Jesus College, Oxford, and who was the son of a wealthy man who appears to have teen of somewhat dissolute habits and somewhat of a miser except in respect of his son's education. The young man l...
Tag this Judgment!Kaniz Mustafa Vs. Musi Imran and ors.
Court: Allahabad
Decided on: Oct-30-1916
Reported in: AIR1917All96; 38Ind.Cas.669
1. In this case a preliminary objection is taken to the admissibility of the evidence of Major Wright taken on commission. It is alleged that in or about the end of 1913 or beginning of 1914 a certain person became of unsound mind; that he was under the supervision or medical attendance of Major Wright at Agra for some three months in the early part of 1914, and that the person who is at present guardian of the person of the alleged lunatic, was at the place from time to time during that period. An application for guardianship was made in September 1914 to the Court below and was decided in May 1915. One of the paints at issue was whether the lunatic hid or had not a strong antipathy towards the person who has been appointed. It appears by the judgment that the Judge commented upon the absence of the evidence of Major Wright, who, whether he did so or not, had had ample opportunity of forming an opinion upon the point in dispute. We are also told that the respondent endeavoured to secu...
Tag this Judgment!Syed Amir Kazim Vs. Syed Musi Imran and ors.
Court: Allahabad
Decided on: Oct-30-1916
Reported in: 36Ind.Cas.983
1. Five connected appeals are brought before us, as to two of which we direct an adjournment, namely Nos. 145 and 146, and as to the remaining three, decrees must be drawn up in accordance with this judgment. It is not necessary to discriminate between the appeals of the parties thereto. The question raised involves really one simple issue, though it is difficult no doubt to determine it. The facts are sufficiently set out in the judgment of the Court below. The present position is not satisfactory and the order of the Court below must be reversed. The matter relates primarily to the person and also to the property of one Ali Imran, a young man who was brought up at St. George's College, Mussoorie, where he was educated together with his present guardian, and later at Jesus College, Oxford, and who was the son of a wealthy man who appears to have been of somewhat dissolute habits and somewhat of a miser except in respect of his son's education. The young man left his wife in India, and...
Tag this Judgment!Jhabba Lal Vs. Shib Charan Das and ors.
Court: Allahabad
Decided on: Oct-24-1916
Reported in: AIR1917All160; (1917)ILR39All152
Walsh, J.1. The question raised by this appeal is whether one creditor out of the general body of creditors has a locus standi in an application in the Insolvency Court made against the estate of the insolvent represented by the receiver, by a person claiming adversely to the insolvent's estate. In my opinion ha has no locus standi and no right of appeal to this Court against a decision in such an application.2. The question is of some practical importance, and inasmuch as there is no authority in this Court, it seems desirable to set out the grounds of our decision at some length. The appellant before us, Jhabba Lal, was petitioning creditor in an insolvency petition against Jetha Mal, the result of which petition was that Jetha Mal was adjudicated insolvent and the court nazir was appointed receiver.3. About the 19th of July, 1915, the appellant applied to the Insolvency Court for the attachment of the property now in dispute as being the property of the insolvent. Whether he had any...
Tag this Judgment!Champa Lal Vs. Mangal Chand anr.
Court: Allahabad
Decided on: Oct-24-1916
Reported in: AIR1917All42; 40Ind.Cas.420
1. The first point we have to decide is whether in this case before us there is a question of law. It was decided as such on appeal in Ajmer and was referred to us as such. It is well settled that a question of adverse possession, where the facts are not in dispute and where, therefore, it depends upon inferences to be drawn from admitted facts, may be a conclusion of law. We think that is the condition of things before us. Secondly, it has been urged by Mr. Panna Lal with great force that the onus is on the plaintiff. We agree. A plaintiff has to show title and where it is alleged that he is out of possession, he must show affirmatively that he has been in possession within twelve years of the suit. But possession may be ambiguous. Nothing shows that 'better than the case to which my brother called attention, decided by the Privy Council and reported as Corea v. Appuhamy (1912) A.C. 230 : 81 L.J.P.C. 151 : 105 L.T. 836. In that case there was no dispute about the facts. The only quest...
Tag this Judgment!Jhabba Lal Vs. Shib Charan and ors.
Court: Allahabad
Decided on: Oct-24-1916
Reported in: 37Ind.Cas.76
Walsh, J.1. The question raised by this appeal is, whether one creditor out of the general body of creditors has a locus standi in an application in the Insolvency Court made, against the estate of the insolvent represented by the Receiver, by a person claiming adversely to the insolvent's estate. In ouropinion he has no locus standi and no right of appeal to this Court against a decision in such an application.2. The question is of some practical importance and inasmuch as there is no authority in this Court, it seems desirable to set out the grounds of our decision at some length. The appellant before us Jhabba, Lai was petitioning creditor in an insolvency petition against Jetha Mal, the result of which petition was that Jetha Mai was adjudicated insolvent and the Court Nazir was appointed Receiver.3. About the 19th of July 1915, the appellant applied to the Insolvency Court for the attachment of the property now in dispute as being the property of the insolvent. Whether he had any ...
Tag this Judgment!Nasir Ali Vs. Kher Chand Alias Khem
Court: Allahabad
Decided on: Oct-23-1916
Reported in: AIR1916All310; 36Ind.Cas.996
Walsh, J.1. This is an unsavoury case and it is difficult to say, and both the Courts below have differed on the point, as to which of these men is the worse scamp. They are all much of a muchness from what we have seen, but the case must be determined according to law. The suit is brought by the plaintiff for a sum of Rs. 1,920-6-0 consisting of Rs. l,123 principal and Rs. 797-6-0 interest alleged to be due upon a promissory note executed by the defendant on the 4th of September 1910 payable at three months date. The case was originally tried by the Subordinate Judge, who did not consider the evidence of the defendant's witnesses reliable and who accepted the evidence of one Bhure Singh, and finding, I think correctly, that the onus lay on the defendant and that he had failed to discharge it, gave judgment of the plaintiff for the full amount. An appeal was brought to the District Judge, the result of which has been to throw the case into a lamentable state of confusion. In the first ...
Tag this Judgment!Mahadeo Prasad Vs. Ramjas
Court: Allahabad
Decided on: Oct-21-1916
Reported in: (1917)ILR39All147
Henry Richards, C.J.1. This appeal arises under the following circumstances. There was ponding in this Court a civil appeal against a preliminary decree for the dissolution of partnership. An application was made for a stay of further proceedings in the court below pending the decision of the appeal. Both sides filed affidavits in support of and against the application. The appellant here was the deponent in one of these affidavits and it is alleged that some statement (or some statements) in this affidavit were untrue. An application was made for sanction to prosecute the appellant for the offence of perjury and a learned Judge of this Court granted the sanction. It is against this order that the present appeal has been preferred. A preliminary objection has been taken that no appeal lies. Under ordinary circumstances it is open to any person aggrieved by the alleged commission of a criminal offence by another person to institute criminal proceedings. Section 195 of the Criminal Proce...
Tag this Judgment!Ramjas Vs. Mahadeo Pershad and After His Death Panna Lal and ors.
Court: Allahabad
Decided on: Oct-21-1916
Reported in: AIR1917All474; 36Ind.Cas.585
Henry Richards, C.J.1. This appeal arises under the following circumstances. There was pending in this Court a civil appeal against a preliminary decree for the dissolution of partnership. An application was made for a stay of further proceedings in the Court below pending the decision of the appeal. Both sides filed affidavits in support of and against the application. The appellant here was the deponent in one of these affidavits and it is alleged that some statement (or some statements) in this affidavit were untrue. An application was made for sanction to prosecute the appellant for the offence of perjury and a learned Judge of this Court granted the sanction. It is against this order that the present appeal has been preferred. A preliminary objection has been taken that no appeal lies.2. Under ordinary circumstances it is open to any person aggrieved by the alleged commission of a criminal offence by another person to institute criminal proceedings. Section 195 of the Criminal Pro...
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