Allahabad Court January 1918 Judgments
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Emperor Vs. Bakhtawar
Court: Allahabad
Decided on: Jan-08-1918
Reported in: (1918)ILR40All282
George Knox, J.1. The learned Sessions Judge of Cawnpore has reported this case for orders. The case is thus stated by him:-One Bakhtawar, a workman already in the service of a master, whose name is not given, took an advance of Rs. 10 and promised to work for ten months on the understanding that one rupee was to be deducted each month from his wages, He worked for a very small portion of the time and then refused to go on working. The Joint Magistrate of Cawnpore directed him to perform the contract on a bond of Rs. 50 with one surety in Rs. 50 or in default to undergo two weeks' rigorous imprisonment. The learned Sessions Judge considers it absurd to allow an employer to tie down a servant to work with him for ten months on a mere advance of a sum amounting to Re. 1 for each month of the service. But he apparently feels that the language of the Act is too strong for his view unless it can be held that there is some lawful or reasonable excuse for refusal to perform the contract. In h...
Emperor Vs. Yusuf Husain
Court: Allahabad
Decided on: Jan-08-1918
Reported in: (1918)ILR40All284
Piggott, J.1. On the 26th of June, last, in the moring, in a frequented part of the city of Allahabad, a scuffle took place between Yusuf Husain, who is appellant now before this Court, and one Musi Raza. The two men came to the ground, the appellant being underneath and Musi Raza uppermost. When the scuffle ended Musi Raza was found to be bleeding profusely from wounds in the chest. There were two distinct wounds, one of which was on the right side of the chest and the other on the left, over the region of the heart. The wound on the right side was long and superficial, and, so far as the medical evidence goes, might have been caused by the knife or other weapon which had just inflicted the wound on the left side slipping along the body. The wound on the left side was of a peculiar character and seems to have honestly puzzled the medical officers who examined it. The most remarkable feature about it was that it was angular in shape, with two distinct limbs each about three quarters of...
Bakhtawar Vs. Emperor
Court: Allahabad
Decided on: Jan-08-1918
Reported in: AIR1918All211(1); 43Ind.Cas.832
George Knox, J.1. The learned Sessions Judge of Cawnpore has reported this case for orders The case is thus stated by him: One Bakhtawar, a workman already in the service of a master, whose name is not given, took an advance of Rs. 10 and promised to work for ten months on the understanding that Re. 1 was to be deducted each month from his wages. He worked for a very small portion of the time and then refused to go on working. The Joint Magistrate of Cawnpore directed him to perform the contract on a bond of Rs. 50 with one surety in Rs. 50 or in default to undergo two weeks' rigorous imprisonment. The learned Sessions Judge considers it absurd to allow an employer to tie down a servant to work with him for ten months on a mere advance of a sum amounting to Re. 1 for each month of the service. Bat he apparently feels that the language of the Act is too strong for his view, unless it can be held that there is some lawful or reasonable excuse for refusing to perform the Contract. In his ...
Yusuf HusaIn Vs. Emperor
Court: Allahabad
Decided on: Jan-08-1918
Reported in: AIR1918All189; 44Ind.Cas.675
Piggott, J.1. On the 26th of June last, in the morning, in a frequented part of the city of Allahabad, a souffle took place between Yusuf Husain, who is the appellant now before this Court, and one Musi Baza. The two men came to the ground, the ' appellant being underneath and Musi Raza uppermost. When the souffle ended Musi Raza was found to be bleeding profusely from wounds in the chest. There were two distinct wounds, one of which was on the right side of the chest and the other on the left, over the region of the heart. The wound on the right side was long and superficial, and so far as the medical evidence goes might have been caused by the knife or other weapon which had just inflicted the wound on the right side slipping along the body. The wound on the left side was of a peculiar character and seems to have honestly puzzled the Medical Officers who examined it. The most remarkable feature about it was that it was angular in shape, with two distinct limbs, each about three quart...
Raghunandan Lal and ors. Vs. Badan Singh and anr.
Court: Allahabad
Decided on: Jan-07-1918
Reported in: AIR1918All242; (1918)ILR40All209
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This appeal arises out of an application for execution of a mortgage decree. An application was made on the 1st of March, 1916, and it is admitted that if this application was an application for execution 'in accordance with law' the present application is within time. The application was in writing and seems to have complied with all the provisions of Order XXI, Rule 11. It being an application for the sale of immovable property under a mortgage decree, the provisions of Rules 12, 13 and 14 do not apply. The application, however, was unaccompanied by an affidavit, a receipt of inspection of the registration office, and copies of the khewat and decree. The court granted time to the applicant to file these documents, and all the documents were subsequently filed, except a copy of the decree. This not being done, the application was struck off on the 30th of March, 1916. The court below held that under these circumstances the applicat...
Raghunandan Lal and ors. Vs. Badan Singh and ors.
Court: Allahabad
Decided on: Jan-07-1918
Reported in: 43Ind.Cas.914
1. This appeal arises out of an application for execution of a mortgage-decree. An application was made on the 1st of March 1916, and it is admitted that if this application was an application for execution ''in accordance with law', the present application in within time. The application was in writing and seems to have complied with all the provisions of Order XXI, Rule 11. It being an application for the sale of immoveable property under a mortgage-decree, the provisions of Rules 12, 13 and 14 do not apply. The application, however, was unaccompanied by an affidavit, a receipt of inspection of the Registration Office and copies of the khewat and decree. The Court granted time to the applicant to file these documents and all the documents were subsequently Bled except a copy of the decree. This not being done, the application was struck off on the 30th of March 1916. The Court below held that under these circumstances the application could not be deemed an application in accordance w...
Chaudhri Ghulam MohiuddIn Khan and anr. Vs. Damber Singh
Court: Allahabad
Decided on: Jan-07-1918
Reported in: AIR1918All330; 46Ind.Cas.669
1. The facts of this case are somewhat complicated but they can be shortly stated. One Sri Kishen Das obtained a decree. The decree was against one Damber Singh, Karan Singh and certain other persons. The decree awarded possession of certain property and costs against all the judgment-debtors jointly. Karan Singh and Dambar Singh alone appealed to the High Court, which dismissed the appeal with costs against Damber Singh and Karan Singh, This happened on the 1st of December 1904. Damber Singh had a decree against Sri Kishen Das and he attached either the first Court's decree, or both the First Court's decree and the decree made by the High Court (it is not quite clear which) in execution of his decree against Sri Kishen Das, From time to time Damber Singh sought execution against all the judgment-debtors other than himself and Karan Singh. From time to time he realized money as the result of these applications for execution and eventually it was held that he had realized the amount awa...
Bohra Bhim Sen Vs. Nizam-ud-dIn Shah
Court: Allahabad
Decided on: Jan-05-1918
Reported in: (1918)ILR40All203
Henry Richards, C.J. and Pramada Charan Banerji, J.1. The facts connected with this appeal are as follows A suit was instituted in the year 1911, on foot of a mortgage. Two persons were made defendants to this suit, namely one Musammat Kadri Begam and Nizam-ud-din Shah. The usual preliminary decree was granted by the court of first instance Two appeals were filed in the High Court, which dismissed the suit against Nizam-ud-din Shah, but gave a decree against Musammat Kadri Begam. The High Court's decree was dated the 17th of June, 1912. The Court does not appear to have been asked to extend the time and did not do so. The present application was one made on the 16th of March, 1916. The application stated that Musammat Kadri Begam, the sole defendant, had died and that Nizam-ud-din Shah was her heir. The application was one for the preparation of a final decree under order XXXIV, rule 5, Several objections were taken by Nizam-ud-din Sbah. He tried to set up that the property was waqf. H...
Kallu Vs. Sital
Court: Allahabad
Decided on: Jan-05-1918
Reported in: AIR1918All294; (1918)ILR40All271
Piggott, J.1. The circumstances out of which this application for revision arises are as follows. One Sarju made a report to the police in which he alleged that Sital, who is the respondent to the present application, had committed theft. Upon investigation this report was found to be false and a prosecution was instituted against Sarju, under Section 182 of the Indian Penal Code, for having given false information to a public servant. Sital appeared as a witness for the prosecution in this case. He began by deposing that he had not committed the theft of which Sarju had accused him. The next question put to him must have been:-'Why then did Sarju make this false report against you'? He replied that Sarju bore him enmity and went on to explain the grounds of that enmity. He said, first, that there had been a quarrel between them about a partition-wall between their courtyards. Apparently he felt it necessary to explain further, though it is impossible to say whether or not this explana...
Syed Nizam UddIn Shah Vs. Bohra Bhim Sen
Court: Allahabad
Decided on: Jan-05-1918
Reported in: 43Ind.Cas.870
1. The facts connected with this appeal are as follows:A suit was instituted in the year 1911 on foot of a mortgage. Two persons were made defendants to this suit, namely, one Mnsammat Kadri Begum and Nizam Uddin Shah. The usual preliminary decree was granted by the Court of first instance. Two appeals were filed in the High Court, which dismissed the suit against Nizam Uddin Shah but gave a decree against Musammat Kadri Begum. The High Court's decree was dated the 17th of June 1912. The Court does not appear to have been asked to extend the time and did not do so. The present application was one made on the 16th of March 1916. The application stated that Musammat Kadri Begum, the sole defendant, had died and' that Nizam Uddin Shah was her heir. The application was one for the preparation of a final decree under Order XXXIV, Rule 5. Several objections were taken by Nizam Uddin Shah. He tried to set up that the property was waqf. He also objected that the application for the decree was ...
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