Allahabad Court January 1918 Judgments
Magan Lal Vs. Ganesh Prasad
Court: Allahabad
Decided on: Jan-30-1918
Reported in: AIR1918All372; 45Ind.Cas.515
Edward Knox, J.1. This is an application presented to this Court under Section 526 of the Code of Criminal Procedure. I am asked that the case of Magan Lal v. Ganesh Prasad now pending in the Court of Raja Partab Bahadur, Honorary Magistrate, first class, Allahabad, be either directed to be committed for trial to the Court of Session, or transferred for trial to some other competent Magistrate. From the affidavit filed in connection with this application it appears that Magan Lal was tried in the Court of the Joint Magistrate of Allahabad on the complaint of Ganesh Prasad charging Magan Lal with offences under Sections 409 and 420 of the Indian Penal Code. Magan Lal was acquitted after trial by the Joint Magistrate. He then obtained sanction from the Joint Magistrate's Court to prosecute Ganesh Prasad for having falsely charged him with offences under Sections 409 and 420 of the Indian Penal Code. The case was transferred by the Joint Magistrate of Allahabad to the Court of Raja Partab...
Tag this Judgment!L.W. Orde Vs. the Secretary of State for India in Council
Court: Allahabad
Decided on: Jan-29-1918
Reported in: AIR1918All126(2); (1918)ILR40All367; 44Ind.Cas.923
Piggott and Walsh, JJ.1. This is an appeal in a land acquisition case. The plot of land in question is situated at Meerut and is required by Government for the purpose of a boarding-house in connection with in important school. The owner objected to the District Judge against the sum awarded by the Collector, but his objections failed, and he has appealed to this Court against the order of the District Judge. The memorandum of appeal before us raises three points, two of which may be briefly disposed of. The plot of land in suit forms part of a compound appurtenant to a house owned by the appellant, and the point as taken in the memorandum of appeal before us is that the District Judge has erred in refusing to enforce in favour of the appellant the provisions of Section 49 of the Land Acquisition Act (No. I of 1894), according to which the appellant was entitled to claim that the entire compound should be acquired. As a matter of fact the point has not been argued before us precisely i...
Tag this Judgment!Lachhmi NaraIn Vs. Bindraban
Court: Allahabad
Decided on: Jan-29-1918
Reported in: AIR1918All247; 44Ind.Cas.582
Tudball, J.1. The applicant in this case on the first of September 1916 preferred a charge under Section 406 of the Indian Penal Code against Bindraban in a, 'Criminal Court. He was given sufficient opportunity of producing preliminary evidence but he failed to do so and finally in the beginning of January the complaint was dismissed. He at once put in a fresh complaint and finally the case was tried by a Bench of Honorary Magistrates, who dismissed it again in the presence of the accused. Bindraban then applied to the Bench for sanction to prosecute Lachhmi Narain for the offence of perjury. The Bench of Magistrates did not think it advisable to grant sanction and rejected the application. In the meantime Lachhmi Narain had brought a suit in the Civil Court to recover the sum of money in respect of which he had preferred the charge in the Criminal Court. That suit was pending when Bindraban appealed to the District Magistrate against the order of the Bench refusing sanction to prosecu...
Tag this Judgment!Emperor Vs. Gauri Shankar
Court: Allahabad
Decided on: Jan-28-1918
Reported in: (1918)ILR40All360
Pramada Charan Banerji and Piggott, JJ.1. In this case Gauri Shankar Bhat, aged 58 years, has been found guilty by the learned Sessions Judge of Cawnpore on a charge framed under Section 302 of the Indian Penal Code, the case against him being that he caused the death of a little boy named Parmanand by arsenical poisoning. The record is before us for confirmation of the sentence of death and a petition of appeal has been presented by Gauri Shankar through the Superintendent of the Jail in which he is confined. We have also had the advantage of hearing the case argued on behalf of the appellant by a learned advocate of this Court. The story for the prosecution is that, on the 23rd of September last, in the course of the forenoon, the accused asked two little boys, Parmanand and Durga, the sons of his neighbours Lala and Jawahir Kurmis, to come to him at a certain temple in order to study. The accused's own boys were there studying their books just outside the temple. It is alleged that ...
Tag this Judgment!Sundar Nath Vs. Barana Nath
Court: Allahabad
Decided on: Jan-28-1918
Reported in: (1918)ILR40All364
Walsh, J.1. I have no power to send for the record in an application for revision relating to proceedings under Chapter XII. Sub-section (3) of Section 435, Criminal Procedure Code, absolutely prohibits that course. The law as laid down by the general current of authorities in this province is that the superintendence section, which is now Section 107 of the Government of India Act, cannot be invoked so as to question proceedings which purport to be proceedings lawfully taken by a magistrate under Chapter XII. It is well recognized that there is an irreconcileable difference of opinion on this point between some of the High Courts, notably two recent judgements, one delivered by my brother Knox and one delivered in Patna by the former Chief Justice of the Patna High Court based upon the course of authorities. It is obvious that, having regard to the view established in this Province, it is difficult to question proceedings of this kind at all. It has been said that proceedings which pu...
Tag this Judgment!Sunder Lal Vs. Banarsi Das and ors.
Court: Allahabad
Decided on: Jan-28-1918
Reported in: 45Ind.Cas.531
Tudball, J.1. All the facts except one or two are clearly set out in the judgment of the Court below. On the 16th of May 1910 the appellant obtained a decree for costs against Banarsi Das in the Court of the Subordinate Judge of Agra. Banarsi Das who was the plaintiff in that suit appealed to the High Court and his appeal was dismissed on the 28th of October 1912, costs being awarded to the respondents therein of whom the present appellant was one. Separate costs were allowed to him. On the 9th of August 1910 he applied for execution of the first Court's decree by the arrest of his judgment-debtor. The application fell through. On the 15th of December 1911 he applied for execution by attachment of a decree which Banarsi Das bad obtained against certain other persons. The decree was duly attached and on the 13th of March 1912 the application for execution was filed. The appellant then proceeded to execute the decree which he had attached as against Banarsi Das' judgment-debtors. The pro...
Tag this Judgment!Sundar Nath Vs. Emperor
Court: Allahabad
Decided on: Jan-28-1918
Reported in: AIR1918All186(2); 44Ind.Cas.673
Walsh, J.1. I have no power to send for the record in an application for revision relating to proceedings under Chapter XII. Sub-section (3) of Section 435, Criminal Procedure Code, absolutely prohibits 'that course. The law as laid down by the general current of authorities in this Province is that the superintendence section, which is now Section 107 of the Government of India Act, cannot be invoked so as to question proceedings which purport to be proceedings lawfully taken by a Magistrate under Chapter XII. It is well recognized that there is an irreconcilable difference of opinion on this point between some of the High Courts, notably two recent judgments, one delivered by my brother Knox and one delivered in Patna by the former Chief Justice of the Patna High Court based upon the course of authorities. It is obvious that having regard to the view established in this Province it is difficult to question proceedings of this kind at all. It has been said that proceedings which purpo...
Tag this Judgment!Gauri Shankar Vs. Emperor
Court: Allahabad
Decided on: Jan-28-1918
Reported in: AIR1918All283; 44Ind.Cas.686
1. In this case Gauri Shankar Bhat, aged fifty-eight years, has been found guilty by the learned Sessions Judge of Cawnpore on a charge framed under Section 302 of the Indian Penal Code, the case against him being that he caused the death of a little boy named Parmanand by arsenical poisoning. The record is before us for confirmation of the sentence of death and a petition of appeal has been presented by Gauri Shankar through the Superintendent of the Jail in which he is confined. We have also had the advantage of hearing the case argued on behalf of the appellant by a learned Advocate of this Court, The story for the prosecution is that, on the 23rd of September last, in the course of the forenoon, the accused asked two little boys, Parmanand and Durga, the sons of his neighbours Lala and Jawahir Kurmis, to come to him at a certain temple in order to study. The accused's own boys were there studying their books just outside the temple. It is alleged that Gauri Shankar offered some sug...
Tag this Judgment!Abinash Chandra Vs. Shekhar Chand and ors.
Court: Allahabad
Decided on: Jan-26-1918
Reported in: AIR1918All282; (1918)ILR40All353; 44Ind.Cas.666
Tudball, J.1. The facts are fully set out in the referring order of the Taxing Officer. The present appeal is divisible into two parts. In regard to the three villages Rampur, Lachmipur, and Jotepur, the suit has teen dismissed, and it has been held that the plaintiff has no right of pre-emption in these villages. In regard to Parkariar and Cheontaha the court below has held that the right to pre-empt exists, and it has directed the plaintiff to deposit the sum of Rs. 21,000 as the value thereof. The whole sale deed purported to be for the sum of Rs. 44,000. The plaintiff sought to pre-empt the whole property upon the payment of Rs. 2,500. The court below has held that Rs. 44,000 is the correct amount, and in respect of the two villages Parkariar and Cheontaha it has directed the payment of a proportionate part, namely the sum of Rs. 21,000. The appellant claims to be allowed to appeal on the payment of a court fee based upon five times the revenue of all five villages. The Taxing Offi...
Tag this Judgment!Ratan Singh Vs. Khem Karan
Court: Allahabad
Decided on: Jan-26-1918
Reported in: (1918)ILR40All358
Tudball, J.1. This is an appeal in a suit brought by the appellant for a declaration under Section 95 of the Tenancy Act, that he has occupancy rights in a certain holding. The suit is purely a declaratory suit. The question is what is the court fee payable on the appeal. Prima facie the suit falls clearly within Schedule II, Article 5, of the Court Fees Act, which lays down that on a plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy a court fee of eight annas should be paid. The only difficulty in the case arises by reason of two previous Judges of this Court having in similar cases directed that a fee of Rs. 10 was payable. In neither of these decisions was Schedule II, Article 5, apparently considered. The suit is not one to which Section 7, Clause XI, of the Court Fees Act is applicable. As I have said above, it is purely a declaratory suit, and nothing more, in which the plaintiff seeks to establish that he has a right of occupancy. In my opini...
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