Allahabad Court February 1917 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Baji Lal and ors. Vs. Nawal Singh
Court: Allahabad
Decided on: Feb-15-1917
Reported in: AIR1917All1216(1); (1917)ILR39All388
Piggott and Walsh, JJ.1. This is a respondent's application under Order XLI, Rule 21, of the Code of Civil Procedure, for the re-hearing of an appeal which was decided ex parte by a Bench of this Court on the 29th of June last. The affidavit on which the application is based is to the effect that counsel had been duly instructed on behalf of the respondent by one Nathu Ram, to whom the respondent had entrusted the business of looking after the appeal on his behalf and seeing that it was duly prosecuted. Subsequently Nathu Ram withdrew the instructions, and counsel was thus unable to appear. We think that the applicant is really seeking relief on the ground of misconduct or neglect of duty on the part of his own agent. He has no doubt a remedy against the agent. We think we should be setting up a bad precedent if we endeavoured to relieve him from the consequences of the act of his agent. The case is very similar to that of Har Prasad v. Abdul Rahman Weekly Notes 1905 p. 44, in which th...
Sukhlal Rai and ors. Vs. Lachmi Narayan Rai and ors.
Court: Allahabad
Decided on: Feb-13-1917
Reported in: AIR1917All419; 40Ind.Cas.888
1. This appeal arises out of the following facts. One Gaya Prasad Rai was a co-sharer in four villages to the extent of eight gandas. On the 2nd of April 1898 he executed a deed of mortgage in respect of his eight-gandas share in the villages in favour of Ram Bachan and Jagat Rai. The mortgagees brought a suit on the mortgage and obtained a decree for sale. In execution of their decree the mortgagees applied for the sale of a four-anna share in Mahal Gaya Prasad in each of the four villages, stating that the description of the property given in the mortgage-deed as eight gandas came to four annas in Mahal Gaya Prasad in each village. The judgment-debtors filed objections. They said that a partition among the co-sharers of the four villages had taken place as long ago as 1896 and it came into operation from the 1st of July 1897, some eight months prior to the execution of the mortgage in suit. The share of Gaya Prasad Rai before partition was eight gandas in each village; but subsequent...
Angelina Reiffsteck Vs. Joseph George Reiffsteck
Court: Allahabad
Decided on: Feb-12-1917
Reported in: AIR1917All374; (1917)ILR39All377; 39Ind.Cas.862
Walsh, J.1. This is an application for an order directing the summons together with a copy of the petition, which has been filed by the petitioner for judicial separation, to be sent to the Divorce and Admiralty Division of the High Court of Judicature, England, for transmission to the Foreign office for service upon the respondent. The parties are Germans. They were married at Lucknow, and in 1908 the respondent, who is a German by nationality, is alleged to have deserted the petitioner and is now said to be in Germany at Oberschaffolsheim bei Strassburg. The petitioner is of course a German by reason of her marriage. I had some doubt as to whether I ought to make an Order In her favour, she being the subject of a state at war with Great Britain. But it would appear from decisions in England that an alien enemy residing in a country at war with the enemy with the permission, express or implied, of that country will not be denied a hearing by the English Courts. That rule appears to ha...
Ram Nandan Dhar Dube Vs. Kaniz Fatima Bibi
Court: Allahabad
Decided on: Feb-12-1917
Reported in: AIR1917All292(2); (1917)ILR39All379
Muhammad Rafiq and Piggott, JJ.1. This is an appeal by a decree-holder in an execution proceeding. The essential facts are as follows. The owner of certain property in the Gorakhpur district mortgaged his rights in a village called Bariar by a deed of the 19th of June, 1902. In the year 1908 a suit was brought upon this mortgage. There were a number of defences raised. One of the defences was that the mortgagor was not the full owner of the property mortgaged and had no right to transfer the same. The position taken up was that the village of Bariar formed part of a grant, originally made by the Government, which was of the nature of a political pension. The issue framed on this point when the suit went to trial was issue No. 2. 'Is the mortgaged property transferable and can the plaintiff get a decree for possession as a mortgagee?' The finding was that the mortgaged property was not transferable, and it must be conceded that this finding proceeded upon the ground that the land in sui...
Ram Nandan Dhar Dube Vs. Musammat Kaniz Fatima Bibi
Court: Allahabad
Decided on: Feb-12-1917
Reported in: 39Ind.Cas.902
1. This is an appeal by a decree-holder in an execution proceeding. The essential facts are as follows. The owner of certain property in the Gorakhpur district mortgaged his rights in a village called Bariar by a deed of June the 19th, 1902. In the year 1908, a suit was brought upon this mortgage. There were a number of defences raised. One of the defences was that the mortgagor was not the full owner of the property mortgaged and had no right to transfer the same. The position taken up was that the village of Bariar formed part of a grant, originally made by the Government, which was of the nature of a political pension. The issue framed on this point when the suit went to trial was issue No. 2: 'Is the mortgaged property transferable and can the plaintiff get a decree for possession as a mortgagee?' The finding was that the mortgaged property was not transferable, and it must be conceded that this finding proceeded upon the ground that the land in suit was held as a grant under a san...
Khatun Bibi Vs. Amir-ud-din
Court: Allahabad
Decided on: Feb-10-1917
Reported in: (1917)ILR39All371
Muhammad Rafiq and Piqgott, JJ.1. The dispute between the parties to this appeal, who are husband and wife, is as to whether the conjugal relation between them still subsists. The suit out of which this appeal has arisen, was brought by the wife, the plaintiff respondent, for the recovery of her dower, her movables in the possession of her husband, the defendant appellant, or their value, and her maintenance during her iddat, The claim was brought on the allegation that she had been lawfully married to the defendant some years ago and had lived with him as his wife up to the 8th of September, 1913, when he divorced her at the Railway Station at Allahabad as she was going with her parents to Mahoba against his wishes, The defendant admitted the marriage, but denied the alleged divorce He further pleaded that the words used by him at the Railway Station on the 8th of September, 1913, did not in law have the effect of a valid divorce and in any case he had the option of revocation which h...
AmiruddIn Vs. Musammat Khatun Bibi
Court: Allahabad
Decided on: Feb-10-1917
Reported in: AIR1917All343; 39Ind.Cas.513
1. The dispute between the parties to this appeal, who are husband and wife, is as to whether the conjugal relations between them still subsist. The suit out of which this appeal has arisen was brought by the wife, the plaintiff-respondent, for the recovery of her dower, her moveables in the possession of her husband, the defendant-appellant, or their value, and her maintenance during iddat, The claim was brought on the allegation that she had been lawfully married to the defendant some years ago and had lived with him as his wife up to the 8th of September 1913, when he divorced her at the railway station at Allahabad as she was going with her parents to Mahoba against his wishes. The defendant admitted the marriage, but denied the alleged divorce. He further pleaded that the words used by him at the railway station on the 8th of September 1913 did not in law have the effect of a valid divorce and in any case he had the option of revocation which he exercised within the prescribed per...
Nathi Lal and ors. Vs. Dhani Ram and ors.
Court: Allahabad
Decided on: Feb-09-1917
Reported in: AIR1917All120; 39Ind.Cas.637
1. This appeal is connected with First Appeal No. 242 of 1915 and arises out of a suit for pre-emption. It appears that one Brahma Shankar sold certain property. In the present suit three brothers Dina Ram, Chunni and Nand Kishore were the plaintiffs seeking to per-empt the property sold. In the other suit which was instituted sometime afterwards, Girwar is the plaintiff. He is also a brother of Dina Ram and Chunni. Both suits were tried together, each set of plaintiffs being made defendants in the other suit. The Court below has made a decree in favour of the pre-emptors, providing that if one pre-emptor does not take then the others might. One-fourth was decreed to Girwar and three-fourths to Chunni, Dina 'Ram and the representatives of Nand Kishore, who died whilst the litigation was pending. The custom as proved by the entry in the wajib-ul-arz is the ordinary custom that when a co sharer wishes to sell, he must first offer the property to his co-sharers. Amongst the pleas taken wa...
Sheo Charan Lal Vs. Taj Bhai Ali Bhai and Sons
Court: Allahabad
Decided on: Feb-08-1917
Reported in: AIR1917All365(1); (1917)ILR39All368; 39Ind.Cas.524
George Knox, J.1. This application for revision arises out of a suit instituted in the Court of Small Causes at Allahabad on the 25th of March, 1916. The applicant is one Babu Sheo Charan Lal, resident of Allahabad, the opposite parties are Taj Bhai Ali Bhai and Sons, residents of Bombay. In addition to the plaint which was filed in the case, the court called upon the parties to state the case between them, vide rubkar, dated the 23rd of May, 1916, and the court in its judgement says that it bases its judgement on admitted facts and that no evidence was taken. Both in the plaint and in the rubkar the plaintiff says that the defendant promised to deliver goods of the sample approved by the plaintiff at Allahabad. The defendant, on the other hand, says that the contract took place at Bombay, the quality of the goods was approved at Bombay, the price was paid at Bombay, and if any breach of contract took place, it took place at Bombay, where the goods were delivered to the Railway authori...
Emperor Vs. Chote Lal
Court: Allahabad
Decided on: Feb-08-1917
Reported in: (1917)ILR39All367
George Knox, J.1. While I think that in every case, whether under Section 195 or Section 476 of the Code of Criminal Procedure, the particular statement when the offence refers to a statement, should be set out so that the accused person should not be taken by surprise, but should clearly know what is the statement which he is required to meet, I am not prepared to hold that the non-specification of the statement is a material irregularity. The law does not, so far as I can find out, require that the statement should be set out, and in the present case there can be no room for doubt what is the statement which the accused person has to meet. I dismiss the application with costs....
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »