Allahabad Court January 1919 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.
Abdullah Vs. Emperor
Court: Allahabad
Decided on: Jan-11-1919
Reported in: AIR1919All307(1); 49Ind.Cas.776
Lindsay, J.1. The applicant, Abdullah, has been convicted in the Court of a, Magistrate of an offence under Section 153 of the Indian Penal Code and sentenced to six months' rigorous imprisonment. The conviction and sentence have been upheld in appeal by the Sessions Judge. The facts alleged against the accused are that on the 18th of August last be killed a cow in a village some little distance from Allahabad, sometime before sunrise. The act was observed apparently by one or two Muhammadans who live in the village They sent a chaukidar who made a report at the Police Station in the Allahabad city. The report was to the effect that the accused killed this cow and there was some apprehension that the village would get a bad name owing to this act of the accused. which would be taken as an offence by the Hindus. The Police took cognizance of the complaint and the accused was sent up for trial under Section 298 of the Indian Penal Code. The Court, however, found that no offence under thi...
Parsotam Das and anr. Vs. Jagan Nath and ors.
Court: Allahabad
Decided on: Jan-09-1919
Reported in: (1919)ILR61All361
Henry Richards, Kt., C.J. and Pramada Charan Banerji, J.1. This appeal arises out of a suit for partition. A pedigree will be found at page 12 of the paper book, from which it appears that Bhojraj had four sons, namely, Gopal Das, Chimman Lal, Phul Chand and Nathu Ram. Gopal Das was a son by the first wife of Bhojraj; the other three were the sons by a second wife, and they were all younger than Gopal Das. Chimman Lal appears to have died so far back as the year 1893 or 1899. Phul Chand died in October, 1904. Nathu Ram died in January, 1905, and Bhojraj himself died a few days afterwards. Gopal Das died on the 9th of December, 1914, and thus survived his father and his half brothers by several years. Parsotam Das (the plaintiff) is one of the two sons of Gopal Das. His brother Chiranji Lal is alive, but would not, or at any rate did not, join in the suit. The plaintiff's allegation was that Bhojraj and his sons by both wives remained joint until the death of Bhojraj, that upon the deat...
Kamla Devi Vs. Gur Dayal and ors.
Court: Allahabad
Decided on: Jan-09-1919
Reported in: AIR1919All227; 51Ind.Cas.283
1.This appeal arises out of a suit to redeem a mortgage. In the plaint it was alleged that the mortgage was executed in or about the year 1856. Various pleas were taken and the Court of first instance dismissed the suit, The lower Appellate Court upheld the decision of the Court of first instance upon the ground that the plaintiff was the wife of a Kanungo and that the transfer of the mortgagor's interest was really for the benefit of the Kanungo, and that it was against public policy that the Kanungo should become the transferee of the mortgagor's interest. This Court on appeal held that this was not a correct view of the law and remanded the case to the lower Appellate Csurt, the Court of first instance having decided the other issues. On remand the lower Appellate Court, whilst dismissing the suit for redemption, granted the plaintiff a decree for the amount which had been paid for the transfer of the mortgagor's interest against the vendors. The Court decided against the plaintiff ...
Sanehi Ram Vs. Emperor
Court: Allahabad
Decided on: Jan-09-1919
Reported in: AIR1919All273; 49Ind.Cas.860
George Knox, J.1. I agree with the view taken by the learned Sessions Judge who has referred this case that no offence under Section 41 (a) of Act XII of 1911 has been proved There is nothing on the record to show that the boy, whoever he was, who ran away, was employed or allowed to work contrary to any of the provisions of the Act. The Act being a special Act, there must be definite evidence to show that the boy was either employed or being allowed to work. The boy may have been there for any purpose. We all know the nature of boys. He may have stolen in for some purpose quite apart from employment or being allowed to work. I set aside the conviction and sentence and direct that the fine, or any part of it which has been paid, be refunded....
Muhammad Habib-ullah Vs. Muhammad Shafi
Court: Allahabad
Decided on: Jan-08-1919
Reported in: (1919)ILR61All324
Muhammad Rafiq and Lindsay, JJ.1. The parties to this appeal entered into a contract on the 8th of January, 1914. The contract was for a supply of sleepers to the plaintiff appellant, Sheikh Habib-ullah. According to the terms of the contract the defendant respondent, Muhammad Shafi, was to supply the plaintiff with 8,000 sleepers of a particular description. It was agreed that the sleepers should be stocked for delivery at two stations on the Bengal and North-Western Railway, and under the 4th clause of the contract note it was provided that the plaintiff should have the sleepers examined and passed by the end of April, 1914. After the contract note had been drawn up, Habib-ullah advanced the sum of Rs. 5,660 to the defendant by way of earnest money. Under the 8th clause of the contract note, it was agreed that if, within the time fixed for the completion of the contract, the plaintiff have any cause of dissatisfaction with the defendant, the latter was to be liable to refund the earn...
Dirgpal Pande Vs. Mahadeo Misir and ors.
Court: Allahabad
Decided on: Jan-08-1919
Reported in: (1919)ILR61All356
Piggott and Walsh, JJ.1. This is a first appeal against an order of remand passed by the District Judge of Gorakhpur in an appeal from a decision of the Munsif of Deoria. The suit in question arose in the following way. One Gaya Dat Pande was an occupancy tenant in the village of Kasia, He died in or about the year 1884, A.D., and, in so far as the laud in suit is concerned, it is an admitted fact that this land passed into the occupation of his widow, Musammat Rajpali, who was recorded as tenant of the same and remained ostensibly in possession as tenant for a long period of years. The said Rajpali died in 1915, and since her death conflicting claims to the possession of this land have been put forward by Drigpal Pande, a nephew of the deceased, on the one hand, and on the other hand by the defendants-appellants, who are the daughter and the daughter's sons of the aforesaid Gaya Dat Pande and Musammat Rajpali. The case set up in the plaint was essentially this, that Gaya Dat had died ...
Mahadeo Misir and ors. Vs. Dirgpal Pande
Court: Allahabad
Decided on: Jan-08-1919
Reported in: AIR1919All286; 51Ind.Cas.146
1. This is a first appeal against an order of remand passed by the District Judge of Gorakhpur in an appeal from a decision of the Munsif of Daoria. The suit in question arose in the following way. One Gayadat Pande was an occupancy tenant in the village of Kasia. He died in or about the year 184 A.D. and, in so far as the land in suit is concerned, it is an admitted fact that this land passed into the occupation of his widow, Musammat Rajpali, who was recorded as tenant of the same and remained ostensibly in possession as tenant for a long period of years. The said Rajpali died in 1915 and since her death conflcting claims to the possession of this land have been put forward by Drigpal Pande, a nephew of the deceased, on the one hand, and on the other hand by the defendants appellants, who are the daughter and the daughter's sons of the aforesaid Gayadat Pande and Musammat Rajpali. The case set up in the plaint was essentially this, that Gayadat had died while a member of the same joi...
Mohammad Habib-ul-lah Vs. Mohammad Shafi
Court: Allahabad
Decided on: Jan-08-1919
Reported in: AIR1919All265; 50Ind.Cas.948
1. The parties to this appeal entered into a contract on the 8th of January 1914. The contract was for a supply of sleepers to the plaintiff-appellant, Sheikh Habib-ul-lah. According to the terms of the contract the defendant-respondent, Mohammad Shan, was to supply the plaintiff with 8,000 sleepers of a particular description. It was agreed that the sleepers should be stocked for delivery at two stations on the Bengal and North-Western Railway and under the 4th clause of the contract note, it was provided that the plaintiff should have the sleepers examined and passed by the end of April 1914. After the contract note had been drawn up, Habib-ul-lah advanced the sum of Rs. 5,660 to the defendant by way of earnest money. Under the 8th clause of the contract note, it was agreed that if, within the time fixed for the completion of the contract, the plaintiff have any cause of dissatisfaction with the defendant, the latter was to be liable to refund the earnest money and pay damages. Two s...
Jamil Ahmad Vs. Muhammad Ishaq
Court: Allahabad
Decided on: Jan-08-1919
Reported in: AIR1919All395; (1919)ILR61All322; 52Ind.Cas.58
Lindsay, J.1. For the reasons set out in the referring order of the learned Sessions Judge I direct that the order of the Magistrate by which the accused Muhammad Ishaq was directed to pay Rs. 5 compensation to the complainant be set aside. The money, if paid, will be refunded....
Bharat Indu and ors. Vs. Syed Muhammad Mustafa Khan
Court: Allahabad
Decided on: Jan-04-1919
Reported in: AIR1919All392; (1919)ILR61All316
Henry Richards, Kt., C.J. and Pramada Charan Banerji, J.1. This appeal is connected with Second Appeals Nos. 103 and 104 of 1917. They arise out of suits for profits brought against the lambardar. It appears that the plaintiffs purchased a certain share on the 22nd of January, 1912, and that under their purchase they were entitled to arrears of profits. The defendant was appointed lambardar on the 5th of February, 1913. The plaintiff's claim profits for kharif of 1320 and rabi and kharif in subsequent years, The court of first instance granted the plaintiff a decree in respect of kharif of 1320. The plaintiffs appealed and contended that the expenses allowed by the first court were too great and that the percentage on the gross rental allowed to them was too little. They also contended that they ought to have got a decree in respect of the kharif of 1320. The lower appellate court upheld the decision of the court of first instance on all points and dismissed the appeals. We may say at ...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »