Allahabad Court December 1917 Judgments
In Re: Kalka Prasad and ors.
Court: Allahabad
Decided on: Dec-22-1917
Reported in: (1918)ILR40All153
Walsh, J.1. These are four applications in revision made by six persons, Abdur Rahim, Iftikhar Husain, Nisar Ahmad, Rup, Chand, Abdul Karim and Kalka Prasad against an order made by the District and Sessions Judge of Meerut on the 4th of May, 1911, ordering the names of these persons with others to be posted and put on a list of touts under Section 36 of the Legal Practitioners' Act. Although the cases of the various applicants are not precisely similar, I propose to deal with all of them in one judgement.2. The proceedings were undertaken by the District Judge at the instance of the Bar Association of Meerut, which had sat and considered the matter with great thoroughness and which supported the complaint which they made against the system of touting by a large number of persons with a considerable body of evidence.3. The hearing of the case was spread over a considerable period, and the learned Judge devoted great pains to the performance of this difficult but important task. I have ...
Tag this Judgment!Kalka Prasad Vs. Emperor
Court: Allahabad
Decided on: Dec-22-1917
Reported in: AIR1918All271; 44Ind.Cas.125
Walsh, J.1. These are four applications in revision made by six persons, Abdul Rahiru, Iftikhar Husain, Nisar Ahmad, Rup Chand, Abdul Karim and Kalka Prasad, against one order made by the District and Sessions Judge of Meerut on the 4th of May 1917 ordering the names of these persons with others to be posted and put on a list of touts under Section 36 of the Legal Practitioners Act. Although the oases of the various applicants are not precisely similar, I propose to deal with all of them in one judgment.2. The proceedings were undertaken by the District Judge at the instance of the Bar Association of Meerut, which had sat and considered the matter with great thoroughness and which supported the complaint which they made against the system of touting by a large number of persons with a considerable body of evidence.3. The hearing of the case was spread over a considerable period and the learned Judge devoted great pains to the performance of a difficult but highly important task. I have...
Tag this Judgment!The People's Industrial Bank, Ltd. in Liquidation Vs. Harkishan Lal
Court: Allahabad
Decided on: Dec-20-1917
Reported in: 43Ind.Cas.642
1. A preliminary objection is raised to the hearing of this appeal. The liquidation in the present case of the Bank began in January 1914, or at the very latest February 1914. The order of the Court below, which it is sought to appeal from, was made on the 4th of April 1917. The appeal was filed on the 3rd of May 1917, and notice of the appeal was given to the respondent on the 31st of May 1917. The objection is that under the provisions of Section 169 of Act VI of 1882 notice of the appeal ought to have been given within three weeks of the date of the order complained of. There is no doubt that Section 159 does contain such a provision. Section 284 of Act VII of 1913 provides that the provisions of that Act shall not apply to any Company the winding up of which has commenced before the commencement of the Act, but that every Company the winding up of which has commenced before the new Act came into operation shall be wound up in the same manner and with the same incidents as if the ne...
Tag this Judgment!Gobind Das and anr. Vs. Karan Singh and ors.
Court: Allahabad
Decided on: Dec-19-1917
Reported in: AIR1918All402; (1918)ILR40All197
Henry Richards, C.J. and Pramada Charan Banerji, J.1. A preliminary objection is taken to the hearing of this appeal that the appellants have no locus standi. The dispute is about the property in certain buffaloes. The appellants alleged that these buffaloes belonged to the insolvent. It appears that the appellants were decree-holders and had attached the buffaloes just before the adjudication in insolvency. Upon the adjudication in insolvency the attachment ceased to have any effect. All the property of the insolvent vested in the receiver. In this particular case there was no actual receiver appointed, but the court itself in such cases is the receiver (See Section 23). In our opinion the preliminary objection has force and must prevail. We dismiss the appeal with costs....
Tag this Judgment!In Re: Bisheshar Nath
Court: Allahabad
Decided on: Dec-19-1917
Reported in: (1918)ILR40All147
Walsh, J.1. These are two applications by Bisheshar Nath, High Court Vakil, practising at Ghaziabad, against an order of the Munsif of Ghaziabad, which was really a judgement in a civil suit, (a) directing him to show cause why he should not be committed to the criminal court under Section 476 of the Criminal Proceedure Code, and also (b) directing him to show cause why proceedings should not be taken against him under Section 14 of the Legal Practitioner's Act.2. The circumstances of the case are unusual. A suit was brought in the court of the Munsif by one Chajju Mal against Jas Earn upon a promissory note alleged to have been given by the defendant on the 31st of December, 1913, for Rs. 150, with interest at Re, 14 per cent, per mensum. The claim was for Rs. 216-14, only. The plaint was filed about the 22nd of December, 1916, and the claim would therefore have been barred in a few days.3. Paragraph 2 of the written statement alleged that the plaintiff was in jail, that the suit had ...
Tag this Judgment!Gobind Das and ors. Vs. Karan Singh and ors.
Court: Allahabad
Decided on: Dec-19-1917
Reported in: 43Ind.Cas.672
1. A preliminary objection is taken to the hearing of this appeal that the appellants have no locus standi. The dispute is about the property of certain buffaloes. The appellants alleged that these buffaloes belonged to the insolvent. It appears that the appellants were decree holders and had attached the buffaloes just before the adjudication in insolvency. Upon the adjudication in insolvency the attachment ceased to have any effect. All the property of the insolvent vested in the Receiver. In this particular case there was no actual Receiver appointed, but the Court itself in such cases is the Receiver (see Section 23). In our opinion the preliminary objection has force and must prevail. We dismiss the appeal with costs....
Tag this Judgment!Ewaz Singh Vs. Umrai Singh and ors.
Court: Allahabad
Decided on: Dec-19-1917
Reported in: 49Ind.Cas.732
1. We agree with the view taken by the learned Judge of this Court and dismiss the appeal....
Tag this Judgment!B. Sheshar Nath Vs. Emperor
Court: Allahabad
Decided on: Dec-19-1917
Reported in: 44Ind.Cas.28
Walsh, J.1. These are two applications by Bisheshar Nath, High Court Vakil, practising at Ghaziabad, against an order of the Munsif of Ghaziabad, which was really a judgment in a civil suit, (a) directing him to show cause why he should not be committed to the Criminal Court under Section 476 of the Criminal Procedure Code and also (6) directing him to show cause why proceedings should not be taken against him under Section 14 of the Legal Practitioners Act.2. The circumstances of the case are unusual, and it is to be hoped exceptional. I have had the advantage of reading an English translation of the entire pleadings, order-sheet, and evidence. A suit was brought in the Court of the Munsif by one Chajju Mal against Jasran upon a promissory note alleged to have been given by the defendant on the 31st of December 1913 for Rs. 150 with interest at Re. 1-4-0 per cent. per mensem. The claim was for Rs. 216-140 only. The plaint was filed about the 22nd December 1916, and the claim would, th...
Tag this Judgment!Drigpal Singh Vs. Kunjal
Court: Allahabad
Decided on: Dec-15-1917
Reported in: (1918)ILR40All142
Muhammad Rafiq, J.1. This is an application in revision from the order of the Small Cause Court at Fatehpur returning the plaint to be presented to the proper court, It appears that the plaintiff applicant sued to recover mesne profits of a grove from which he said he had been wrongfully kept out of possession for three years by the opposite party. The learned Judge considered that the claim of the applicant fell under Article 31, Schedule II, of the Small Cause Courts Act, and was not therefore cognizable by him. He accordingly returned the plaint for presentation to the proper court. He is supported in the view of the law he has taken by a case of this Court viz., Sheo Bodh v. Surjan (1913) 11 A. L. J., 298 as also by several cases of the Bombay, and the Madras High Courts. For the applicant reliance is placed on the Full Bench Ruling of Kunjo Behary Singh v. Madhub Chundra Ghose (1896) I. L. R., 23 Calc., 884. The view taken by the Calcutta High Court seems to have been adopted by t...
Tag this Judgment!Emperor Vs. Ram Sahai
Court: Allahabad
Decided on: Dec-15-1917
Reported in: (1918)ILR40All144
Tudball, J.1. The facts of this case have one peculiarity about them. Briefly stated they are as follows. There was a lambardari case pending in appeal in the court of the Collector of Farrukhabad. The present applicant Earn Sahai had been appointed by a subordinate court as lambardar and the opposite party had appealed against the order. The opposite party pleaded that Ram Sahai was in debt, that his estate was burdened, and that he should not be appointed. He pleaded that he had paid up a considerable part of the debt and in order to establish it he produced a receipt for Rs. 450, dated the 20th of December, 1911, and bearing on it a one anna postage stamp which bore the effigy of King George V. The Collector came to the conclusion that this receipt was not genuine on the ground that the stamp which was affixed to it was not obtainable in the district on the 20th of December, 1911. Ram Sahai explained that the stamp had been affixed to the receipt a year after the execution of the do...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »