Allahabad Court October 1918 Judgments
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Dulli Vs. Emperor
Court: Allahabad
Decided on: Oct-23-1918
Reported in: AIR1918All65; 48Ind.Cas.502
1. In this case Dulli Kurmi was tried upon a number of charges, one of which was a charge of robbery, incorrectly framed under Section 397 of the Indian Penal Code, which section, as this Court has repeatedly remarked, does not in itself constitute any offence but merely conveys a direction to the Court in the matter of sentence in respect of certain aggravated forms of robbery or dacoity, while there was also a charge of murder under Section 302 of the Indian Penal Code. The facts deposed to by the prosecution witnesses are as follows: The complainant Sehdul was sleeping in his field to watch over the crop which was ripe or ripening. Shortly before dawn, three men entered the field and proceeded to plunder it of its crop. Sehdul came upon them after they had out a certain amount of the crop and had made it into bundles for convenience of removal. The thieves set upon him and he shouted for help. He himself received severe injuries from the lathis of the thieves and his neighbour Chari...
Mahadeo Kori Vs. Sheoraj Ram Teli
Court: Allahabad
Decided on: Oct-23-1918
Reported in: AIR1919All196; 52Ind.Cas.974
Piggott, J.1. The suit out of which this appeal arises was brought by the plaintiff for the recovery of money lent with interest. As regards ore port iota of the claim the plaintiff did cot profess to support it by documentary evidence. At the hearing be offered to be bound by the defendant's statement on Oath. When thus examined, the defendant, although he bad denied all liability in his written statement, admitted having borrowed a sum of Rs. 125 on a certain data. The first Court accordingly passed a decree for? this sum, with interest by way of damages, and dismissed the rest of the claim. In respect of the portion of the claim thus dismissed, the plaintiff tendered in evidence a certain document described as a sarkhat. One of the matters in controversy which has not yet been tried out is the date on which this document was executed, there being a discrepancy between the year of execution as stated in the first part of the document and that stated in a later portion of the same. Th...
Bal Krishna Das and anr. Vs. Hira Lal and ors.
Court: Allahabad
Decided on: Oct-22-1918
Reported in: AIR1919All406; (1919)ILR61All338; 50Ind.Cas.74
Tudball and Muhammad Rafiq, JJ.1. The following pedigree will explain the right under which the plaintiff has come into court for the reliefs that he seeks: MILKHI MAL. | Balakram ___________________________|_____________________ | | Jiwan Mal. Gokul Chand ____________________|__________________ | | | | | Ram Narian Ramjas = Hardei Bansi, Madan Mohan. issueless, widow. issueless. ___________|_______ | | Musammat Lakhi Bibi(daughter) Mul Chand, Kishan Chand, = Sanwal Das(husband.) issueless. issueless. _____________|_____________ | | Musammat Kashi Dei. Musammat Gulab Dei | defendant No. 1 Bal Krishana Das, __________|___________ plaintiff. | | Ram Kishan, Sri Kishan deceased. defendant No. 22. Ramjas was the maternal great grandfather of the plaintiff Ramjas died in 1853 leaving him surviving a widow Musammat Hardei Bibi, and daughter, Musammat Lakhi Bibi. He left no male issue. According to the evidence in the case he died possessed of a house in Cotton Street, Calcutta, and certain m...
Emperor Vs. Misri Lal
Court: Allahabad
Decided on: Oct-04-1918
Reported in: AIR1919All394; 50Ind.Cas.1000
Tudball, J.1. This case has been refer-red to this Court by the learned Sessions Judge of Mainpuri. The facts are briefly as follows--Misri Lal, a young man, aged about 24 years, a Jain by caste and also a karinda of a Zemindar by profession, cheated the complainant Balkishen, another Bania, and induced him to make over to him a gold chain and two gold rings. He then pledged the' gold chain to another person. What happened to the gold rings is not known. Balkishen made a complaint. Misri Lal was put upon his trial. He put forward an absurd and childish defence. The Magistrate found him guilty. He passed the following order: 'I sentence him to six months' rigorous imprisonment and pay Rs. 150 as fine. The accused is a young man of a respectable family and there is no previous conviction against him. I do not think a jail-life will be suitable for him. Therefore, under Section 562 of the Code of Criminal Procedure instead of sending the accused to jail I order that if the accused execute...
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