Allahabad Court July 1916 Judgments
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Bhagwan Dei Vs. Murari Lal and ors.
Court: Allahabad
Decided on: Jul-10-1916
Reported in: (1917)ILR39All51
Henry Richards, C.J.1. This appeal arises out of a suit brought by the plaintiff to realize the amount of a mortgage, dated the 13th of July, 1912. The plaintiff alleged that the mortgage was assigned to her on the 29th of August, 1912. Various pleas were taken, and amongst others that the real assignee of the bond was Jamna Prasad, a patwari in Government service, and that consequently the assignment was void. Both the courts below have found that the assignment was taken in the name of the plaintiff for the benefit of her son, the patwari, and have dismissed the suit on the ground that the assignment was against public policy. Section 234 of the Laud Revenue Act provides that the Board of Revenue may, from lime to time, subject to the sanction of the Local Government, make rules consistent with the Act for various purposes set forth in the section, Clause (b) is as follows: 'Re-gulating the appointment of Kanungos and Patwaris, their salaries, qualifications, duties, removal, punishm...
Kamala Devi Vs. Gur Dayal and ors.
Court: Allahabad
Decided on: Jul-10-1916
Reported in: (1917)ILR39All58
Henry Richards, C.J., Muhammad Rafiq and Walsh, JJ.1. This appeal arises out of a suit for redemption of a mortgage. Amongst other pleas taken was the plea that the property had been acquired in the name of the plaintiff but really for her husband Khub Lal who occupied the Government post of registrar kanungo, and that under the rules dealing with the conduct of public servants, such an officer was not entitled to acquire property. The court of first instance having found the other issues in favour of the plaintiff dismissed the plaintiff's suit on the ground that the assignment to her was 'contrary to public policy.' The lower appellate court, without dealing with the other issues, upheld the decision of the court of first instance on the same ground The plaintiff comes here in second appeal, contending that the decision on the point of law was not correct. We have this day in a connected Second Appeal No. 1503 of 1914 dealt with very much the same question. In that case a patwari had...
Musammat Kamala Devi Vs. Gur Dial and ors.
Court: Allahabad
Decided on: Jul-10-1916
Reported in: 36Ind.Cas.319
1. This appeal arises out of a suit for redemption of a mortgage. Amongst other pleas taken was the plea that the property had been acquired in the name of the plaintiff but really for her husband Khub Lal who occupied the Government post of registrar hanungo, and that under the rules dealing with the conduct of public servants, such an officer was not entitled to acquire property. The Court of first instance having found the other issues in favour of the plaintiff dismissed the plaintiff's suit, on the ground that the assignment to her was 'contrary to public, policy'. The lower Appellate Court without dealing with the other issues upheld the decision of the Court of first instance on the same ground. The plaintiff comes here in second appeal contending that the decision on the point of law was not correct. We have this day in a connected Second Appeal No. 1503 of 1914 See Musammat Bhagwan Deo v. Murari Lal 36 Ind. Cas. 259.--Ed. dealt with very much the same question. In that case a ...
Musammat Bhagwan Dei Vs. Pandit Murari Lal and ors.
Court: Allahabad
Decided on: Jul-10-1916
Reported in: AIR1917All462; 36Ind.Cas.259
Henry Richards, C.J.1. This appeal arises out of a suit brought by the plaintiff to realise the amount of a mortgage dated the 13th of July 1912. The plaintiff alleged that the mortgage was assigned to her on the 29th of August 1912. Various pleas were taken and amongst others, that the real assignee of the bond was Jamna Prasad, a patwari in Government service, and that consequently the assignment was void. Both the Courts below have found that the assignment was taken in the name of the plaintiff for the benefit of her son the patwari, and have dismissed the suit on the ground that the assignment was against public policy. Section 234' of the Land Revenue Act provides that the.Board may, from time to time, subject to the sanction of the Local Government, make rules consistent with the Act for various purposes set forth in the section. Clause (b) is as follows: 'regulating the appointment of kanungos and patwaris, their salaries, qualifications, duties, removal, punishment, suspension...
Kundan Singh and ors. Vs. Surja Kunwar and ors.
Court: Allahabad
Decided on: Jul-07-1916
Reported in: (1917)ILR39All67
Henry Richards, C.J. and Muhammad Rafiq, J.1. The facts connected with this appeal are fully stated in the judgement of the learned Judge of this Court and it is unnecessary to repeat them. Mr. Piari Lal Banerji, on behalf of the appellants, strongly relies upon the ruling in Malkarjun v. Narhari (1900) I.L.R. 25 Bom. 337. In the present case the plaintiffs sued for possession. Their title depends upon an auction sale in the execution of a mortgage decree, In the case relied upon the defendant was in possession. In the present case the plaintiff is not in possession but seeks possession, and he must succeed upon the strength of his own title. Furthermore, there is this great distinction between the two oases. In the case relied upon the property had been sold in execution of a simple money decree which had been obtained during the life-time of the judgement-debtor. In the present case only a decree nisi (as it was then called) had been obtained during the life-time of Musam-mat Rukmin....
Kundan Singh and ors. Vs. Musammat Surja Kuar and ors.
Court: Allahabad
Decided on: Jul-07-1916
Reported in: AIR1917All178; 37Ind.Cas.100
1. The facts connected with this appeal are fully stated in the judgment of the learned Judge of this Court and it is unnecessary to repeat them. Mr. Peary Lai Banerji, on behalf of the appellants, strongly relies upon the ruling in Malkarjun v. Narhari 25 B. 337 : 5 C. W N. 10 : 2 Bom. L.R. 927 : 27 J. A. 216 : 10 M. L.J. 368 : 7 Sar. P.C.J. 789. In the present case the plaintiffs sued for possession. Their title depends upon an auction sale in the execution of a mortgage decree. In the case relied upon the defendant was in possession. In the present case the plaintiff is not in possession bit seeks possession and he must succeed upon the strength of his own title. Furthermore there is this great distinction between the two cases. In the case relied upon the property had been sold in execution of a simple money-decree which had been obtained during the lifetime of the judgment-debtor. In the present case only a decree nisi (as it was then called) had been obtained during the lifetime ...
Musammat Sarswati Kunwar Vs. Dr. Badri Prasad and ors.
Court: Allahabad
Decided on: Jul-06-1916
Reported in: 36Ind.Cas.31
1. This appeal arises out of a suit in which the plaintiff seeks to recover a sum of money which, she says, she deposited with the defendant Badri Prasad for safe custody. Badri Prasad admits that he received the money. The plaintiff owed certain creditors the amount which she deposited and they not being immediately present, she asked the defendant to keep the money for her. The defendant put this money into the People's Bank, Bareilly, in his own name. There was a conflict between the parties as to the circumstances under which the money was placed in the Bank. The defendants pleaded that the money had been deposited at the direction and with the express consent of the plaintiff, and there was a considerable amount of evidence from which it might be presumed that the lady had knowledge that the money was being deposited in the Bank. The lower Appellate Court has come to the conclusion that the evidence was not sufficient to justify a finding that the money had been put into the Bank ...
Bhirgu Nath Chaube and anr. Vs. Narbingh Tiwari and anr.
Court: Allahabad
Decided on: Jul-03-1916
Reported in: (1917)ILR39All61
Walsh, J.1. This case is one of some importance and raises in a pronounced question of principle which appears never to have been decided by the courts in this country, namely, where a sale has been made by a father and manager of a joint Hindu family without legal necessity, and the sons afterwards repudiate and set the transaction aside; from what date ought the purchaser to be held accountable for mesne profits?2. The defendants in this case purchased certain property from the plaintiff's father who was manager of the family property on the 18th of October, 1900. It was property of a joint Hindu family, and the sale was made without legal necessity. The plaintiffs, who are two sons of the vendor, the vendor having died before the Institution of the proceeding, brought a suit to set aside the sale shortly after attaining their majority. The transaction was, of course voidable, and on the title 30th of April, 1913, it was set aside and the plaintiffs obtained a decree for possession. ...
Bhirgee Nath Chaube and anr. Vs. Narsingh Tewari and anr.
Court: Allahabad
Decided on: Jul-03-1916
Reported in: AIR1917All479; 35Ind.Cas.475
Walsh, J.1. This case is one of some importance and raises in a pronounced form a question of principle which appears never to have been decided by the Courts in this country; namely, where a sale has been made by a father and manager of a joint Hindu family without legal necessity, and the sons afterwards repudiate it and set the transaction aside, from what date ought the purchaser to be held accountable for mesne profits.2. The defendants in this case purchased certain property from the plaintiffs' father, who was manager of the family property, on the 18th of October 1900. It was property of a joint Hindu family, and the sale was made without legal necessity. The plaintiffs who are two sons of the vendor, the vendor having died before the institution of the proceedings, brought a suit to set aside the sale shortly after attaining their majority. The transaction was, of course, voidable, and on the 30th of April 1913 it was set aside and the plaintiffs obtained a decree for possessi...
Noor Mahommed and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-01-1916
Reported in: 35Ind.Cas.172
Lindsay, J.1. The only question raised in this application for revision is one of sentence. The applicants have been convicted of offences under Sections 147, 325 and 323, Indian Penal Code, and have with one exception been sentenced to two years' rigorous imprisonment. The first applicant, Noor, Mahommed, has been sentenced to six months' rigorous imprisonment and a fine of Rs. 500. I have heard Counsel and have examined the record. The medical evidence shows that a very serious riot took place in which these accused were concerned. It is true that men on their side sustained a certain number of injuries; but it is also proved that their opponents received a number of serious injuries amounting to grievous hurt. Having regard to these facts, it appears to me that I should not be justified in interfering with the sentences. The riot was a very serious one. I think the sentences were properly passed. I dismiss the application....
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