Allahabad Court March 1918 Judgments
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Tirbeni Misra Vs. Sripat NaraIn Rai
Court: Allahabad
Decided on: Mar-02-1918
Reported in: (1918)ILR40All423
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This appeal arises out of execution proceedings. It appears that a decree for pre-emption was obtained against three persons, one of whom was Bindeshri. It is alleged, and it is possibly correct, that all the three persons constituted a joint Hindu family. The question of jointness is not now before us. Bindeshri died, and the present application was for execution against the surviving defendants and also against the sons of Bindeshri as his legal representatives. It was objected that Bindeshri had died before the decree was made. Having regard to the order of the court below and to what happened when this case was before us on a previous occasion, we intend to deal with the case on the assumption that Bindeshri was dead at the time the decree was made against him. The lower appellate court has dismissed the application for execute as against the sons of Bindeshri as his legal representatives. This Court has held in the case of Imda...
Sripat NaraIn Rai Vs. Tirbeni Misra
Court: Allahabad
Decided on: Mar-02-1918
Reported in: AIR1918All226(2); 45Ind.Cas.21
1. This appeal arises out of execution proceedings. It appears that a decree for pre-emption was obtained against three persons, one of whom was Bindeshri. It is alleged, and it is possibly correct, that all the three persons constituted a joint Hindu family. The question of jointness is not now before us. Bindeshri died and the present application was for execution against the surviving defendants and also against the sons of Bindeshri as his legal representatives. It was objected that Bindeshri had died before the decree was made. Having regard to the order of the Court below and to what happened when this case was before us on a previous occasion, we intend to deal with the case on the assumption that Bindeshri was dead at the time the decree was made against him. The lower Appellate Court has dismissed the application for execution as against the sons of Bindeshri as his legal representatives. This Court has held in the case of Imdad Aliv. Jagan Lal 17 A. 478; A.W.N. (1895) 109 : 8...
Basanti Vs. Kunj Bihari Lal
Court: Allahabad
Decided on: Mar-02-1918
Reported in: 44Ind.Cas.998
1. This appeal and Execution First Appeal No. 280 of 1917 cover the same point and are connected. One Jamil-ur-Rahman in the year 1910 borrowed Rs. 4,000 from Musammat Basanti, the appellant, under a mortgage deed and hypothecated certain property in two villages. The description of the property is as follows: No. 1, Mauza Daranagar muafi Mahal Mustahkam Rang Surkh three biswas fifteen biswansis out of fifteen biswas, situate in Pargana Hasanpur, district Moradabad (the names of the villages on boundaries of the village are also given); No. 2, Mauza Walipore, Mahal Sufaid muafi, 2 1/2 biswas out of 20 biswas, Pargana Hasanpur, District Moradabad. In this case also the bounding villages were named. The description in the mortgage-deed contained one error. These properties were not revenue-free but actually were assessed to small sums of revenue. It is probable that they were commonly spoken of as revenue-free. The mortgagee sued upon the basis of the mortgage and obtained a decree. The ...
Emperor Vs. Ghulam Husain
Court: Allahabad
Decided on: Mar-01-1918
Reported in: AIR1918All107; (1918)ILR40All420; 44Ind.Cas.975
Pramada Charan Banerji and Tudball, JJ.1. This is a Government appeal against an order of acquittal passed by the Additional Sessions Judge of Gorakhpur in the case of the opposite party Sheikh Ghulam Husain, who had been convicted by a Magistrate of the -first class for an offence under Section 19, Clause (f), of Act XI of 1878 (The Arms Act). The facts are simple. Sheikh. Ghulam Husain is the son of one Khadim Husain, who died in 1901. The. family is of good social position and owns considerable property. Khadim Husain was an Honorary Magistrate and as such was exempt from the operation of the Arms Act. The family lives in a three storied pacca building at Ganeshpur. At the death of Khadim Husain, Ghulam Husain was a boy of tender years. His younger brother was born a few months after his father's death. Musammat Amina Bibi is the widow of Khadim Husain. Apparently, after the death of Khadim Husain, the weapons which he had in his possession remained in the family residence and no st...
Emperor Vs. Abdul Latif
Court: Allahabad
Decided on: Mar-01-1918
Reported in: (1918)ILR40All416
Piggott, J.1. This application in revision arises on the following state of facts:- On the 17th of July last, a woman named Dojia was struck by a bullet while she was with her husband in a field where he was working. The shot had been fired by some sportsman in the immediate neighbourhood, and it is not suggested that the injury to Musammat Dojia was anything but accidental. A number of villagers were attracted to the spot and proceeded to arrest two Muhammadans, named Abdul Latif Khan and Badal Khan, as being responsible for the injury caused to Musammat Dojia. These two men were taken to the Kasganj Police Station, some five miles distant, along with the injured woman and her husband, and at the same time there was produced at the police station a double-barrelled muzzle-loading gun. The two Muhammadans arrested on suspicion were-admittedly strangers to Musammat Dojia and her neighbours. The police eventually sent up one of these men, Abdul Latif Khan, for trial in respect of offence...
Abdul Latif Khan Vs. Emperor
Court: Allahabad
Decided on: Mar-01-1918
Reported in: AIR1918All111(2); 44Ind.Cas.929
Piggott, J.1. This application in revision arises on the following state of facts: On the 17th of July last a woman named Dojia was struck by a bullet while she was with her husband in a field where be was working. The shot had been fired by some sportsman in the immediate neighbourhood, and it is not suggested that the injury to Musammat Dojia was anything but accidental. A number of villagers were attracted to the spot and proceeded to arrest two Mohammedans, named Abdul Latif Khan and Badal Khan, as being responsible for the injury caused to Musammat Dojia. These two men were taken to the Kasganj Police Station, some five miles distant, along with the injured woman and her husband and at the same time there was produced at the Police station a double barrelled muzzle loading gun. The two Mohammedans arrested on suspicion were admittedly strangers to Musammat Dojia and her neighbours. The Police eventually sent up one of these men, Abdul Latif Khan, for trial in respect of offences u...
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