Allahabad Court November 1917 Judgments
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Thakur Dambar Singh Vs. Mohammad Munawar Ali and anr.
Court: Allahabad
Decided on: Nov-10-1917
Reported in: 43Ind.Cas.129
1. One Sri Kishun had obtained a certain decree. The appellant here obtained another decree against Sri Kishun and attached the decree belonging to Sri Kishun. Sri Kishun was declared an insolvent and his property vested in the Official Assignee. Notwithstanding the adjudication of Sri Kishun the appellant naught to put into execution the decree belonging to Sri Kishun, which he had attached in execution of his decree. The judgment-debtors objected that Dambar Singh was not competent to execute that decree. The Court below held that the objection had force and dismissed the application. We think the decision appealed from is correct. The effect of the attachment obtained by the appellant was not to vest in him any property. It gave him no doubt the right to execute the attached decree, and bad it not been for the insolvency he would still have that right. The insolvency, however, vested all the property of the insolvent in the Official Assignee and in effect cancelled the attachment ob...
Manik Chand Vs. Emperor
Court: Allahabad
Decided on: Nov-10-1917
Reported in: AIR1918All320(2); 43Ind.Cas.446
Piggott, J.1. This is an application in revision against the conviction of one Manik Chand, a shopkeeper and cloth dealer of the city of Bareilly, on a prosecution instituted against him under the orders of the Municipar Board of that place. It would appear that on the 19th of February a consignment of cloth addressed to Manik Chand reached one of the octroi barriers on the boundary of the aforesaid Municipal area. The officer in charge demanded a larger sum by way of octroi duty than Manik Chand considered was properly leviable under the rules. The matter was referred to the Octroi Superintendent who assessed the duty at Rs. 1-0-9, and it is quite clear that he had power to do this under the rules. The position then became this, that Manik Chand had a right of appeal within sixty days against the decision of the Octroi Superintendent, but that he could only exercise that right by first paying under protest the duty demanded and then appealing within seven days of the date of this paym...
Emperor Vs. Raghunath
Court: Allahabad
Decided on: Nov-10-1917
Reported in: AIR1918All351; 43Ind.Cas.577
Walsh, J.1. This case has been brought before this Court in revision and referred to a Bench of two Judges by our brother Banerj. under the following circumstances the accused has been convicted of cutting down 69 trees contrary to law and no doubt, although he set up a bona fide mis-understanding, it is a bad case. The Magistrate fined him with considerable severity namely, Rs. 1,500. He was charged under three separate charges in respect of the trees felled in three separate toks, the total number of trees being in all 69. He appealed to the Sessions Judge and amongst other points took the point that the charge ought not to have been split up into three but that the offence was one, the cutting having been a breach of the permission to out. The Sessions Judge rejected that view and we agree with him. He further took the view that the offences committed were in reality 69 offences and we agree with him as to that. The section is quite clear. Any person who fells any tree is liable to ...
Girdhari and anr. Vs. Emperor
Court: Allahabad
Decided on: Nov-09-1917
Reported in: 43Ind.Cas.110
Henry Richards, C.J.1. In this case two Police constables were in charge of a dangerous prisoner whom they were conveying from one place to another in a camel cart. The charge against them is that they negligently suffered the prisoner to escape. The facts as found by the trial Court are as follows:The constables had put on their prisoner two sets of handcuffs. One set bound his hands together and by the other set he was hound to the side of the camel cart. In addition to these precautions there was a rope round the prisoner's waist. Daring the course of the journey the prisoner demanded to be let down from the cart to answer the call of nature. One set of handcuffs was taken off in order to enable the prisoner to leave the camel cart for the purpose mentioned. The rope remained round his waist and one set of handcuffs remained on his hands. The prisoner raised a sudden alarm of a snake and in the momentary confusion jerked away the rope and managed to get a way. The night was cloudy a...
Emperor Vs. Chhote Lal
Court: Allahabad
Decided on: Nov-08-1917
Reported in: (1918)ILR40All221
Piggott, J.1. This is a reference by the District Magistrate of Banda in a case in which one Chhote Lal was tried summarily by a first-class Magistrate of that district. The offence alleged was that of lurking house-trespass by night, and it is clear from the record that the prosecution led evidence to prove, not merely that the house of the complainant was entered by Chhote Lal under circumstances covered by the definition in Section 443 of the Indian Penal Code, but also that the lurking house-trespass in question was committed with intent to commit theft. The accused in his defence admitted having been caught at night inside the house of the complainant Badri under the circumstances deposed to by the prosecution witnesses. He suggested that those witnesses were not speaking the truth with regard to his having stolen or attempted to steal any of Badri's property. He pleaded that his intention in effecting a secret entry into Badri's house had been to carry on an intrigue with the wid...
Emperor Vs. Harak Chand Marwar
Court: Allahabad
Decided on: Nov-08-1917
Reported in: 43Ind.Cas.433
Tudball, J.1. Criminal References Nos. 757, 758 and 759 are all similar and more or less connected with each other. One Harak Chand was prosecuted on two charges under, Section 285 of the Indian Penal Code before a Magistrate in respect to two measure of length which he was using in the shop. The one measure was 35. inches, and the other measure was 351 inches long The Magistrate who tried the case came to the conclusion that in the village where these parsons live and sell their wares the prevailing standard of measurement was 33 1/2 inches long. In respect to the one measure he, therefore, convicted Harak Chand and in respect to the other measure he acquitted him on the ground that fraudulent intent was not proved. He appealed against the conviction. The Sessions Judge altered the conviction from one section to another bat maintained the sentence. In regard to the charge on which the accused has been acquitted, the learned Sessions Judge has sent the re-cord to this Court with the re...
Madan Lal and ors. Vs. Manzur Ahmad
Court: Allahabad
Decided on: Nov-08-1917
Reported in: AIR1918All317; 43Ind.Cas.652
1. This appeal arises under the following circumstances. The plaintiff in the present suit was sued in the Revenue Court for ejectment from two plots. He pleaded with regard to one plot that he was one of the proprietors, and with regard to the other plot that he was the occupancy tenant. The defendants on the other hand asserted that the present plaintiff was their sub-tenant. The Revenue Court referred the defendant to the Civil Court to establish his alleged title as proprietor. The present suit was then instituted by the plaintiff and he claimed relief not only in respect of his alleged proprietary right but also in respect of his occupancy rights. The learned Munsif states as follows: Issues are framed on the pleadings and the statements of the parties' Pleaders or parties and their pairohars themselves and the parties and their Pleaders are bound by their statements. Those statements must be treated as though incorporated in the pleadings themselves. Now in this case it has been ...
Chhotk Lal Vs. Emperor
Court: Allahabad
Decided on: Nov-08-1917
Reported in: 49Ind.Cas.103
Piggott, J.1. This is a reference by the District Magistrate of Banda in a case in which one Chhote Lal was tried summarily by a first class Magistrate of that district. The offence alleged was that of lurking house trespass by night, and it is clear from the record that the prosecution led evidence to prove, not merely that the house of the complainant was entered by Chhote Lal under circumstances covered by the definition in Section 443 of the Indian Penal Code, but also that the lurking house-trespass in question was committed with intent to commit theft. The accused in his defence admitted having been caught at night inside the house of the complainant Badri under the circumstances deposed to by the prosecution witnesses. He suggested that 'those witnesses were not speaking the truth with regard to his having stolen or attempted to steal any of Badri'a -property. He pleaded that his intention in effecting a secret entry into Badri's house had been to carry on an intrigue with the w...
Lala and Chhote Lal Vs. Emperor
Court: Allahabad
Decided on: Nov-08-1917
Reported in: 44Ind.Cas.35
In Cr. Rev. No. 837 of 1917.1. This is a case in which a conviction of lurking house-trespass by-night (section 456 of the Indian Penal Code) has been recorded by the trying Magistrate and has been confirmed by the Sessions Judge on appeal. The case has come before us in revision, substantially upon the pleading that on the view of the facts taken by the learned Sessions Judge the latter ought to have held that no offence had been proved. One difficulty we must necessarily feel in dealing with the case on these lines is that the learned Sessions Judge has not definitely found the facts to lie in accordance with the argument addressed to us in support of this application. The facts in question were not alleged by the accused himself, but certain circumstances suggesting the possibility of their existence were deposed to by some of the witnesses called for the defence. The learned Sessions Judge has in effect said that even supposing the facts to be as now suggested on behalf of the accu...
Mohammad Akbar Khan and ors. Vs. Kallan Khan
Court: Allahabad
Decided on: Nov-08-1917
Reported in: AIR1917All417(2); 42Ind.Cas.970
1. This application arises under the following circumstances. The applicants in the present matter brought a suit against a number of persons, claiming that certain property was wakf and asking for a declaration to that effect and for demolition of certain constructions. The Court of First Instance decreed the plaintiff's claim. Certain of the defendants appealed and some of them did not. The appeal coming before the District Judge, he allowed the appeal and dismissed the suit as against the appellants. A second appeal was preferred to the High Court, which confirmed the decision of the District Judge and dismissed the appeal. Subsequently the present applicants as decree-holders applied for execution against those defendants who had not appealed. These judgment-debtors objected to the execution, on the ground that the suit had been dismissed even as1 against them. The Court of First Instance disallowed the objection and ordered execution. On appeal to the District Judge the decision o...
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