Allahabad Court June 1918 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.
Baldeva Vs. Panna Lal
Court: Allahabad
Decided on: Jun-14-1918
Reported in: AIR1918All79(1); 46Ind.Cas.563
Abdul Raoof, J.1. Bohra Panna Lal the plaintiff in this case brought this suit against Baldeva Teli upon the following allegations: In paragraph 1 of the plaint he stated that the plaintiff was a zemindar co-sharer and also a lambardar in Mauza Maholi Shamshergunj, Tahsil Bhagaon district Mainpuri. In paragraph 2 of the plaint he stated that in accordance with the condition and custom entered in the Wazib-ul-arz, the defendant was liable to give and deliver to the plaintiff two chataks of oil daily, that is to say, 3 1/4 seers every month. In paragraph 3 he stated that the defendant had not complied with the condition in the Wajib-ul-urz for the period therein stated and he, therefore, claimed Rs. 49 8-0 as the price of the oil which had not been delivered to him by the defendant. The suit was filed on the 6th of August 1917. In support of his claim the plaintiff filed a copy of an extract from the Wajib-ul-arz in which the custom relied upon was entered. The Wajib-ul-arz is dated the ...
Emperor Vs. Kedar Nath
Court: Allahabad
Decided on: Jun-13-1918
Reported in: (1918)ILR40All661
Tujdball, J.1. The applicant has bean convicted under Section 4 of Act VI of 1912, which is a Local Act of the United Provinces Legislative Council. He has been sentenced to a fine of Rs. 80. The facts of the case are not in dispute. The applicant is a commission agent, and as such he exposed for sale what purported to be ghi. The ghi no doubt belonged to those persons who, had sent it to him for sale; but it was he who exposed it for sale, and he exposed it as being' good and genuine ghi. The Chief Sanitary Inspector of the Agra Municipal Board went to his warehouse, where he saw certain canisters of ghi open and exposed for sale. There were a large number of other canisters unopened. With the consent of Kedar Nath he took several samples of ghi, gave, one to Kedar Nath, kept one himself, and sent one to the public analyst. The certificates of the latter person show clearly that the ghi had been adulterated. The complaint in the present prosecution was signed by the Executive Officer ...
Kedar Nath Vs. Emperor
Court: Allahabad
Decided on: Jun-13-1918
Reported in: AIR1918All99; 46Ind.Cas.514
Tudball, J.1. The applicant has been convicted under Section 4 of Act VI of 1912, which is a Local Act of the United Provinces Legislative Council. He has been sentenced to a fine of Rs. 80. The facts of the case are not in dispute. The applicant is a commission agent and as such he exposed for sale what purported to be ghee. The ghee no doubt belonged to those persons who had sent it to him for sale. But it was he who exposed it for sale, and he exposed it as being good and genuine ghee. The Chief Sanitary Inspector of the Agra Municipal Board went to his warehouse where he saw certain cannisters of ghee open and exposed for sale. There were a large number of other cannisters unopened. With the consent of Kedar Nath he took several samples of ghee, gave one to Kedar Nath, kept one himself and sent one to the public analyst. The certificates of the latter person show clearly that the ghee had been adulterated. The complaint in the present prosecution was signed by the Executive Officer...
Pahladi Lal Vs. Musammat Laraiti and ors.
Court: Allahabad
Decided on: Jun-10-1918
Reported in: AIR1919All450; (1919)ILR61All22; 48Ind.Cas.200
Piggott and Walsh, JJ.1. We have come to the conclusion that this appeal must be allowed and the suit sent back for re-trial. The Suit is brought upon two simple mortgage bonds by the plaintiff against the widow of one Bijai Singh, Bijai Singh borrowed two sums--one of Rs. 6,000 and the other of Rs. 1,000 in the month of August, 1902, and by two documents executed respectively on the 26th and 27th of August, hypothecated in respect of those loans certain property set out in the schedule to the bonds. He was in urgent need of money on the 29th or, the 30th of August, for the purpose of lodging it in court in respect of a decree which he had obtained in a pre-emption suit, He had been a member of a joint Hindu family who had partitioned their property by means of an award in the year 1896. That award was carried out by a decree in the same year. The father, Sher Singh, had died in 1897. By the award the property was partitioned between his four sons Bijai Singh, the mortgagor in question...
Chaitan Lal Vs. Emperor
Court: Allahabad
Decided on: Jun-08-1918
Reported in: AIR1918All100(1); 46Ind.Cas.410
P.C. Banerji, J.1. Two brothers Kishen Murari and Chaitan Lal lived in the same house but occupied different quarters. During the absence of Chaitan Lal, Kishen Murari is said to have broken open the door of the room occupied by Chaitan Lal. Chaitan Lal made a report to the Police charging his brother with theft. He also filed a complaint before a Magistrate. The matter was subsequently compromised and the case brought in the Criminal Court was dismissed. After all this on the application of the Police the Superintendent of Police sanctioned the prosecution of Chaitan Lal for bringing a false charge under Section 182 of the Indian Penal Code and he is being prosecuted under that section. Arguments have been addressed to me on the question whether the case comes within the purview of Section 182 or Section 211. I do not deem it necessary to decide the question of law just raised, because in my opinion this is not a case in which any action ought to have been taken and any proceedings in...
Gourish NaraIn Singh and anr. Vs. Matabadal Singh and anr.
Court: Allahabad
Decided on: Jun-07-1918
Reported in: (1918)ILR40All656
Tudball, and Abdul Raoof, JJ.1. The second appeal arisen out of a suit brought for the resumption of a muafi khidmati. It has been decreed by both the courts below. In the Court of first instance a plea was taken that the plaintiffs had no right to sue for resumption. That plea was decided in favour of the plaintiffs. The defendants appealed to the District Judge, but in that appeal did not again raise this point. In this second appeal this point has again been raised before us. For the decision thereof it is necessary to state a few facts. The zamindar of this village is His Highness the Maharaja of Benares. The plaintiffs are persons to whom a monthly payment in cash used to be made by His Highness as a grant of some sort or other. They approached him and asked him to substitute for this grant in cash a grant of land which they might hold and possess and if possible develop and improve. Accordingly the Maharaja gave to the plaintiffs a perpetual istimrari lease of the village in ques...
Mata Badal Singh and ors. Vs. Gourish NaraIn Singh and anr.
Court: Allahabad
Decided on: Jun-07-1918
Reported in: AIR1918All240; 46Ind.Cas.920
1. This second appeal arises out of a suit brought for the resumption of a muafi, khidmati. It has been decreed by both the Courts below. In the Court of first instance a plea was taken that the plaintiffs had no right to sue for resumption. That plea was decided in favour of the plaintiffs. The defendants appealed to the District Judge but in that appeal did not again raise this point. In this second appeal this point has again been raised before us. For the decision thereof it is necessary to state a few facts. The Zemindar of this village is His Highness the Maharaja of Benares. The plaintiffs are persons to whom a monthly payment in cash used to be made by His Highness as grant of some sort or other. They approached him and asked him to substitute for this grant in cash a grant of land which they might hold and possess and, if possible, develop and improve. Accordingly the Maharaja gave to the plaintiffs a perpetual istimrari lease of the village in question. He transferred to them...
Nur-ud-dIn Khan Vs. Pran Kishan Chakravarty and anr.
Court: Allahabad
Decided on: Jun-07-1918
Reported in: AIR1918All96; 47Ind.Cas.16
1. This appeal has been preferred under the following circumstance A suit was brought by the appellant for dissolution of partnership and for the taking of partnership accounts. The matter was referred to arbitration, and an award was made which was accepted by the Court and in accordance with which a decree was passed. Under the award the defendants were found entitled to Rs. 6,000 and odd from the plaintiff, and the award directed that they should realise the said amount by sale of the partnership assets. The defendants, who are respondents here, made an application to the Court for execution of the decree which, we may mention has become final. The application was resisted on the ground that under the terms of the decree the applicants for execution were not entitled to take out execution. This objection was overruled by the Gourt of first instance and the appellant subsequently paid the amount of the decree and under the terms of the award he obtained possession of the property, na...
Kunj Behari Lal Vs. Laltu Singh and ors.
Court: Allahabad
Decided on: Jun-06-1918
Reported in: 48Ind.Cas.847
Piggott, J.1. The suit out of which this appeal arises was brought on the following state of facts: One Raja Gur Sahai died in the year 1868 possessed of immoveable property of considerable value in the districts of Moradabad and Bulandshahr. He left him surviving two sons and a widow. The sons died in 1273, while still minors and leaving no issue. The widow Rani Kishori Knar thereupon entered into possession of the estate, strictly speaking in succession to her sons, or rather to that one, of her two sons who survived the other. For practical purposes it is sufficient to say that she took possession of the property with the estate of a Hindu widow. Shortly afterwards she went on a pilgrimage in the course of which she visited Allahabad, Banares, Gaya and Jagannath. At the last named place she made an oral gift, or I should perhaps say the promise of a gift, to certain priests of the temple of Jagannath, and this transfer of property was carried into effect by a deed of the 8th of Janu...
Bri Niwas Vs. Anandgir
Court: Allahabad
Decided on: Jun-05-1918
Reported in: (1918)ILR40All652
Knox, A.C.J., and Pramada Charan Banerji, J.1. The plaintiff in the court of first instance is the respondent here. He brought a suit in the Revenue Court in which he prayed that he might be declared proprietor of a disputed muafi and that costs, etc., might be granted to him. The court of first instance dismissed his claim altogether. He then went in appeal to the District Judge of Cawnpore who ordered that the decree of the lower court, that is to say, the court of first instance, dated the 13th of March, 1916, be set aside and the appeal be allowed to the extent that the plaintiff was entitled to be declared rent-free grantee of so much of the land in suit as the was then entered in the revenue papers as occupancy tenant of the same. The order, however, did not stop here. It went on as follows:--' That the suit be, remanded to the lower court for determination of the revenue payable by the plaintiff appellant.' The defendant has now come to this Court and asks that the decree of the...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »