Allahabad Court June 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.
F. B. Powell Vs. S. Sen and ors.
Court: Allahabad
Decided on: Jun-16-1917
Reported in: (1918)ILR40All45
Piggott and Walsh, JJ.1. We think this is a clear case and that this appeal must be allowed. Mr. Powell is entitled to have his name removed from the list of contributories. The oiroum stances of the case are as follows:---Sometime in 1912 a company of the name of the Bharat Ice Association, Limited, began to carry on business in Meerut, where it may be supposed that under proper management it had a reasonable prospect of success. If appears to have been starved from the outset, andt al though It did a considerable amount of business in the way of obtaining share-holders and its books were kept with scrupulons care, it made no ice. Provisions were contained in the articles of association for the appointment of directors. One only is important, namely, that with regard to what were called Terminal Directors, in other words, directors appointed for a specific period. By Article 177 (e), it was provided that the qualification for holding the post of a Terminal Director should be the holdi...
F.B. Powell Vs. Dr. S. Sen and ors.
Court: Allahabad
Decided on: Jun-16-1917
Reported in: AIR1918All121; 43Ind.Cas.134
1. We think this is a clear case and that this appeal must be allowed. Mr. Powell is entitled to have his name removed from the list of contributories. The circumstances of the case are as follows:Sometime in 1912 a company of the name of the Bharat Ice Association, Limited, began to carry on business in Meerut, where it may be supposed that under proper management it had a reasonable prospect of success. It appears to have been starved from the outset, and although it did a considerable amount of business in the way of obtaining share-holders and its books were kept with scrupulous care, it made no ice. Provisions were contained in the Articles of Association for the appointment of Directors. One only is important, namely, that with regard to what wefts called Terminal Directors, in other words Directors appointed for A specific period; and by Article 177(e) it was provided that the qualification for holding the post of a Terminal Director should be the holding of two hundred shares i...
Emperor Vs. Katwaru Rai and ors.
Court: Allahabad
Decided on: Jun-15-1917
Reported in: (1917)ILR39All623
George Knox, A.C.J.1. Katwaru Rai and six other persons have been convicted of an offence under Section 147 of the Indian Penal Code and for that offence have been sentenced to varying terms of rigorous imprisonment. They went in appeal to the Sessions Judge of Ghazipur, and that court confirmed the sentences passed dismissing the appeals. They have now come here in revision. Of the four grounds taken in the application for revision only two have been argued before me, and those two are- (1) that separate convictions and punishments under Sections 147 and 323 are not warranted by law, and (2) that the sentences are too severe. The main contention before me is that, whatever may have been the case before the year 1898, and whatever convict the rulings of various High Courts may have had, the alteration introduced by Act No. V of 1898 into the Criminal Procedure Code makes it illegal now to convict and sentence accused persons of offences which are separable offences coming within the pr...
Siddiqa Bibi Vs. Ram Autar Pande and ors.
Court: Allahabad
Decided on: Jun-14-1917
Reported in: AIR1917All167; (1917)ILR39All675
Piggott, J.1. This was a suit in which the plaintiff, who is the appellant now before us, claimed a declaration and further relief by way of a perpetual injunction against two defendants under somewhat peculiar circumstances. Defendant No. 1 is admittedly the proprietor of a certain village. Defendant No. 2 is a tenant at fixed rates of certain plots of land in that village, liable to pay an annual rent to defendant No. 1. The plaintiff's case is that, by reason of a certain document of the 5th of August, 1896, described in the plaint as a perpetual lease, the right to realize the rent due from defendant No. 2, to defendant No. 1 was transferred to one Wajid Ali Khan, who subsequently, under a sale-deed of the 4th of November, 1911, assigned it to the plaintiff. It is clearly alleged that the plaintiff had actually exercised this right, namely, the right of realizing rent from defendant No. 2, up to the date of the institution of the suit; but the cause of action is founded upon certai...
Siddiqa Bibi Vs. Ram Autar Pande and anr.
Court: Allahabad
Decided on: Jun-14-1917
Reported in: 42Ind.Cas.575
Piggott, J.1. This was a suit in which the plaintiff, who is the appellant now before us, claimed a declaration and further relief by way of a perpetual injunction against two defendants under somewhat peculiar circumstance's. Defendant No. 1 is admittedly the proprietor of a certain village. Defendant No. 2 is a tenant at fixed rates of certain plots of land in that village, liable to pay an annual tent to defendant No. 1. The plaintiff's case; is that, by reason of a certain document of the 5th of August 1896, described in the plaint as a perpetual lease, the right to realize the rent due from defendant No. 2 to defendant No. 1 was transferred to one Wajid Ali Khan, who subsequently under a sale-deed of 4th November 1911 assigned it to the plaintiff. It is clearly alleged that the plaintiff had actually exercised this right, namely, the right of realizing rent from defendant No. 2, up to the date of the institution of the suit; but the cause of action is founded upon certain transact...
Bibi Lal Vs. Puran Mal and ors.
Court: Allahabad
Decided on: Jun-11-1917
Reported in: (1917)ILR39All651
Piggott and Walsh, JJ.1. In this case Birj Lal sued his father Puran Mal and his brothers Budhua and Ram Chandar for partition. There were two schedules appended to the plaint. Schedule A purports to specify the property belonging to the joint family of which the parties are members. Schedule B is a list of property belonging to the deity (Sri Thakur Ganeshji Maharaj) as worshipped in a certain shrine in the district of Muttra, and in paragraph 4 of the plaint it is stated that the joint family of the parties has a right to perform worship at the temple aforesaid and to look after the property belonging to the said temple and entered in schedule B. The relief sought therefore with regard to this property was a declaration that the plaintiff was entitled to perform worship at and manage the temple of Sri Thakur Ganeshji Maharaj and the property thereof to the extent of his 1/4 share by turns. The suit was contested on various grounds, and it may be noted at once that to a considerable e...
Puran Mal and ors. Vs. Brij Lal
Court: Allahabad
Decided on: Jun-11-1917
Reported in: AIR1917All123; 41Ind.Cas.835
1. In this case Brij Lal sued his father Puran Mai and his brothers Budhua and Ram Chandar for partition. There were two schedules appended to the plaint. Schedule A purports to specify the property belonging to the joint family of which the parties are members. Schedule B is a list of property belonging to the deity (Sri Thakur Ganeshji Maharaj) as worshipped in a certain shrine in the district of Muttra, and in paragraph 4 of the plaint it is stated that the joint family of the parties has a right to perform worship at the temple aforesaid and to look after the property belonging to the said temple and entered in Schedule B. The relief sought, therefore, with regard to this property was a declaration that the plaintiff was entitled to perform worship at and manage the temple of Sri Thakur Ganeshji Maharaj and the property thereof to the extent of his one-fourth share by turns. The suit was contested on varius grounds and it may be noted at once that to a considerable extent the suit ...
Hira Nand Vs. Emperor
Court: Allahabad
Decided on: Jun-07-1917
Reported in: AIR1917All29; 41Ind.Cas.310
Piggott, J.1. In this case one Hira Nand was tried by the learned Sessions Judge of Benares on two charges, one framed under Section 489A and another under Section 420 of the Indian Penal Code. He was acquitted on the latter charge but convicted on the former, and a sentence of three years rigorous imprisonment was passed upon him. As regards the broad fact 3 of the case there is very little room for doubt. Hira Nand was a stranger in Benares, where he put up first at a certain dharmshala and later on at a hotel kept by the witness, Hari Ram. Negotiations passed between the said Hari Ram and the appellant, about which it may be said with reasonable confidence that Hari Ram has not told the entire truth. I am disposed 30 far to believe his evidence where it is corroborated by facts disclosed in the course of the inquiry, namely, that Hira Nand represented himself to Hari Ram as capable of producing forged currency notes and that he endeavoured to induce Hari Ram to provide him with a cu...
Ratan Dei Vs. Durga Shankar Bajpai and ors.
Court: Allahabad
Decided on: Jun-07-1917
Reported in: 41Ind.Cas.892
1. The facts of this case are as follows:--The plaintiff's husband was the owner of zemindari in several villages and some house property in Benares. He also held a large area of land as sir within his zemindari. He was heavily in debt to Durga Shankar Bajpai, defendant No. 1. The latter obtained one decree for about Rs. 20,000.2. On the 7th October 1899, the plaintiff who was then a widow transferred the zemindari and the houses to Durga Shankar by a sale-deed, the consideration for which was Rs. 21,415. This included the amount due on the decree and also another debt. By the terms of the deed the plaintiff agreed to file a relinquishment of her ex-proprietary rights in the sir lands and Durga Shankar agreed to certify to the Civil Court full-satisfaction of his claim under the decree.3. At that time the Rent Act XII of 1881 was in force and it is quite clear that the sale consideration was to cover not only the proprietary rights but also the ex proprietary rights and the arrangement...
Katwaru Rai and ors. Vs. Emperor
Court: Allahabad
Decided on: Jun-05-1917
Reported in: AIR1917All11; 41Ind.Cas.308
George Knox, Acting C.J.1. Katwaru Raiand six other persons have been convicted of an offence of rioting tender Section 147 of the Indian Penal Code, and for that offence have been sentenced to varying terms of rigorous imprisonment. They went in appeal to the Sessions Judge of Ghazipur and that Court confirmed the sentences passed, dismissing the appeals. They have now come here in revision. Of the four grounds taken in the application for revision only two have been argued before me, and those two are---(1) that separate convictions and punishments under Sections 147 and 323 are not warranted by law, and (2) that the sentences are too severe. The main contention before me is that whatever may have been the case before the year 1898 and whatever conflict the rulings of various High Courts may have had, the alteration introduced by Act V of 1898 into the Criminal Procedure Code makes it illegal now to convict and sentence accused persons of offences which are separable offences coming ...
- ‹ Prev
- 1
- 2
- Next ›