Allahabad Court May 1916 Judgments
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Muhammad Abdul Jalil, Shams-ul-ulema Vs. Babu Ram Dayal and ors.
Court: Allahabad
Decided on: May-15-1916
Reported in: 34Ind.Cas.357
Piggott, J.1. This is an appeal by the plaintiff in a suit claiming a perpetual injunction in respect of an alleged breach of copyright, with substantial damages, from the defendants, who are a firm of publishers in Allahabad. The books which art? alleged to have infringed the plaintiff's copyright are three volumes of graduated selections from standard Persian authors, the said selections having been prescribed at the end of the year 1911 by the Allahabad University for the subject-matter of its examinations in the Matriculation, Intermediate and B. A. Courses respectively, to be held in the year 1914. The plaintiff, Moulvi Muhammad Abdul Jalil, Shams-ul-Ulema, is a Professor of the Queen's College, Benares, and a member of the Board of Studies of the Allahabad University. In the early part of the year 1911 the question of the Courses to be prescribed for the examinations in the Persian language in the year 1914 began to be discussed by the Board of Studies. A project for a book of se...
Goswami Sri Raman Lalji Maharaj and anr. Vs. Hari Das
Court: Allahabad
Decided on: May-13-1916
Reported in: AIR1916All233; 34Ind.Cas.364
ORDERWalsh, J.1. In this case the facts appear in the judgment of my brother Mr. Justice Sundar Lal. There is only one point of law involved in the appeal. But it is an important question of principle, the determination of which must necessarily involve the rights and interests of a considerable number of persons. I am deciding this case upon the hypothesis, which I adopt as correct, that this is a case of debt, and that if the authority of Allahdad Khan v. Sant Ram 17 Ind. Cas. 486 : 35 A. 74 : 10 A.L.J. 506 relied upon by Mr. Pearey Lal Banerji was rightly decided Mr. Banerji is entitled to succeed. On the other hand if it was not rightly decided this appeal must fail. On a consideration of that case, the subsequent authority to which I will refer in one moment, and the language of the section itself, I entertain no doubt whatever that the decision relied upon by Mr. Banerji cannot be regarded as sound law. The contention is that an assignee of a debt due to the estate of a deceased ...
Emperor Vs. Shambhu Nath and ors.
Court: Allahabad
Decided on: May-12-1916
Reported in: (1916)ILR38All468
Walsh, J.1. In this case I am content to rest my Judgment on the decision in Queen-Empress v. Abdul Kadir (1885) I.L.R. 9 All. 452. There must be definite evidence in the case of any and every person charged under this section that there is a danger of a breach of the peace by him. It is clearly insufficient against a collective body of persons to suggest that they are indulging in feelings of hostility towards another body of persons. Man is a gregarious animal and apt to associate himself with friends, and, when he has got nothing, else to do, to indulge his feelings of hostility towards his rival and his friends. These feelings are very much to be deplored; but they do not entitle a Magistrate to make orders wholesale under this section....
Musammat Gaura Vs. Ganga Dahal Rai and anr.
Court: Allahabad
Decided on: May-12-1916
Reported in: (1916)ILR38All469
Piggott and Lindsay, JJ.1. The plaintiff in the suit out of which this appeal arises was a Hindu widow seeking to enforce her right of maintenance against the surviving members of the joint family to which her late husband had belonged. She claimed at the rate of Rs. 40 per mensem, and she added a further claim in respect of gold ornaments valued at Rs. 300, said to be her property in the hands of the defendants. She was met by a denial of the relationship on which her claim was based. In the opinion of the learned Subordinate Judge, she succeeded in proving that relationship. She failed to support her claim in respect of the gold ornaments by any reliable evidence, and with regard to the amount of the maintenance claimed by her, the court below held, that her claim was altogether excessive in view of the evidence as to the means possessed by the defendants. In the result the learned Subordinate Judge gave the plaintiff a decree for maintenance at the rate of Rs. 5 per mensem and dismi...
Ganga Dahal Rai and anr. Vs. Musammat Gaura
Court: Allahabad
Decided on: May-12-1916
Reported in: AIR1916All327; 35Ind.Cas.46
1. The plaintiff in the suit out of which this appeal arises was a Hindu widow seeking to enforce her right of maintenance against the surviving members of the joint family to which her late husband had belonged. She claimed maintenance at the rate of Rs. 40 per mensem, and she added a further claim in respect of gold ornaments valued at Rs. 300, said to be her property in the hands of the defendants. She was met by a denial of the relationship on which her claim was based. In the opinion of the learned Subordinate Judge she succeeded in proving that relationship. She failed to support her claim in respect of the gold ornaments by any reliable evidence, and with regard to the amount of the maintenance, claimed by her the Court below held that her claim was altogether excessive in view of the evidence as to the means possessed by the defendants. In the result the learned Subordinate Judge gave the plaintiff a decree for maintenance at the rate of Rs. 5 per mensem and dismissed the rest ...
Raja Ram Singh and ors. Vs. Raja NaraIn Lal Minor Under the Guardiansh ...
Court: Allahabad
Decided on: May-12-1916
Reported in: AIR1916All229; 35Ind.Cas.326
1. This was a suit by which a minor plaintiff sought to set aside certain alienations of the family property made by his father and grandfather. The grandfather was dead before the suit was instituted; the father was impleaded as defendant of the second party. There is a finding of the Court below that the suit was a collusive one as between the plaintiff and his father and was brought as much in the interests of the latter as in those of the plaintiff himself. The alienations were for a total sum of Rs. 2,900. Very nearly half of this was required to pay off antecedent debts binding on the family, and in particular on the present plaintiff. It is not denied that to this extent, at any rate, the alienations were for legal necessity. There were, however, cash payments on account of each cf the three sale-deeds, the total thus advanced in cash amounting to Rs. 1,493-0-6. With regard to these advances the case for the defendants 1st party, who are now in possession of the property, is tha...
Shambhu Nath and ors. Vs. Emperor
Court: Allahabad
Decided on: May-12-1916
Reported in: AIR1916All100(1); 35Ind.Cas.832
Walsh, J.1. In this case I have no doubt at all that the Magistrate totally misconceived his function under the section. I am content to rest my judgment on the decision in Queen-Empress v. Abdul Kadir 9 A. 452. There must be definite evidence in the case of any and every person charged under this section that there is a danger of a breach of the peace by him. It is clearly insufficient against a collective body of persons to suggest that they are indulging in feelings of hostility towards another body of persons. Man is a gregarious animal and apt to associate himself with friends, and, when he has got nothing else to do, to indulge his feelings of hostility towards his rivals and his friends. These feelings are very much to be deplored; but they do not entitle a Magistrate to make orders wholesale under this section....
Ram Chandar Sahai Vs. Emperor
Court: Allahabad
Decided on: May-12-1916
Reported in: AIR1916All60; 35Ind.Cas.971
Walsh, J.1. In this case the applicant in revision has been convicted on two charges one under Section 170, Indian Penal Code, for which he received three months' imprisonment, and that charge is not before the Court, and the other under Section 334, Indian Penal Code, on which he has also received three months' imprisonment, and in respect of that he raises the question as to whether the charge complied with the law. In my opinion it did not, and it failed to comply with the law, not in any formal technical or subsidiary statement, but in a failure to state in any substantial form the nature and particulars of the offence alleged against the accused. Where, of course, an offence charged involves consequences which may be stated in a general form, such as may arise in a case of arson where a man may by one act of arson set fire and destroy several stacks of several persons, no particular is required, the nature of the offence being sufficiently stated by the date, time and place of the...
Ganga Prasad Vs. Har Narain
Court: Allahabad
Decided on: May-11-1916
Reported in: AIR1916All122; (1916)ILR38All465
Sundar Lal, J.1. This is a reference under Section 195 of Act II of 1901 (United Provinces), made by the District Judge of Budaun, under the following circumstances:The plaintiff Har Narain avers that he is the zarnindar and owner of two plots of land Nos. 47/2 and 52/3 in patti Muhammad Ali in mahal Altaf Husain of mauza Ganaur of which the defendant Inderman is a non-occupancy tenant under the plaintiff. He sues for the ejectment of the said defendant under Section 58 of Act II of 1901 (United Provinces). The second defendant to the suit is one Ganga Prasad alias Gangola, who, according to the plaint, is colluding with defendant No. 1 and has been put in possession of the said land by the defendant No. 1. Under Section 64 of the Agra Tenancy Act (II of 1901), in all suits for ejectment any person in possession claiming through the tenant may be joined as a party to the suit. Ganga Prasad alias Gangola was therefore properly made a party to the suit on the allegations made in the plai...
Ganga Prasad Vs. Harnarain
Court: Allahabad
Decided on: May-11-1916
Reported in: 35Ind.Cas.739
Sundar Lal, J.1. This is a reference under Section 195 of Act II of 1901 (U. P.), made by the District Judge of Budaun under the following circumstances:--The plaintiff, Har Narain, avers that he is the zamindar and owner of two plots of land Nos. 47/2 and 52/3 in Patti Muhammad Ali in Mahal Altaf Husain of Mauza Ganaur, of which the defendant inderman is a non-occupancy tenant under the plaintiff. He sues for the ejectment of the said defendant, under Section 58 of Act II of 1901 (U.P.). The second defendant to the suit is one Ganga Prasad alias Gangola, who according to the plaint is colluding with defendant No. 1 and has been put in possession of the said land by the defendant No. 1. Under Section 64 of the Agra Tenancy Act (II of 1901) in all suits for ejectment any person in possession claiming through the tenant may be joined as a party to the suit. Ganga Prasad alias Gangola was, therefore, properly made a party defendant to the suit on the allegations made in the plaint.2. Inde...
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