Allahabad Court November 1919 Judgments
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Mundar Bibi and anr. Vs. Baij Nath Prasad
Court: Allahabad
Decided on: Nov-26-1919
Reported in: (1920)ILR42All193
Lindsay and Ryves, JJ.1. This appeal arises out of the, following circumstances: Baij Nath Prasad, the plaintiff, sued the defendants in the Court of the Munsif of Allahabad in suit. No. 633 of 1916. In that suit he stated in the first paragraph of his plaint that the defendants, after borrowing Rs. 575 by means of a promissory note on the 20th of April, 1916, at Allahabad, promised to pay on demand. The cause of action, arose at Allahabad on the 26th of April, 1916, the date on which the promissory note was executed. The suit was dismissed under the provisions of Order IX, Rule 9, of the Code of Civil Procedure, that is to say, the plaintiff did not appear and the defendants, who appeared, denied the claim. Subsequently, the plaintiff applied to have the suit reinstated, but the application was dismissed on the 28th of April, 1917, and an appeal from that order of dismissal was also rejected. Subsequently he brought this suit No. 78 of 1918 in the same court.2. In the first paragraph ...
Chander Shekhar Vs. Emperor
Court: Allahabad
Decided on: Nov-26-1919
Reported in: AIR1919All19; 54Ind.Cas.411
Ryves, J.1. On the 13th June 1919 Mathra, the complainant, made a report at the Police station in which he charged three persons with simple assault. On the 16th June he filed a complaint in Court, in which he stated that the three persons whom he had already named at the Police station together with the applicant in the present case and a large number of their servants had attacked the complainant, had forcibly taken away his ox and begun to beat him and when the complainant's aunt came to rescue him, they beat her and stole her ornaments and decamped with the ox and the ornaments.2. The charge which was originally against three persons only of simple assault had grown into a full fledged dacoity against a large number. When the matter same up for enquiry before the learned Magistrate, he proceeded to examine the complainant Mathra and then recorded the following order: 'In the first report complainant named only a very few persons and as the Police had not challenged, it was for them...
Mundar Bibi and anr. Vs. Baijnath Prasad
Court: Allahabad
Decided on: Nov-26-1919
Reported in: AIR1920All340; 54Ind.Cas.424
Lindsay, J.1. This appeal arises out of the following circumstances. Baijnath Prasad, the plaintiff, sued the defendants in the Court of the Munsif of Allahabad in Suit No. 633 of 1916. In that suit he stated in the first paragraph of his plaint that the defendants, after borrowing Bs. 575 by means of a promissory note on the 26th of April 1916 at Allahabad, promised to pay on demand. The cause of Action arose at Allahabad on the 26th of April 1916, the date on which the promissory note was executed. The suit was dismissed under the provisions of Order IX, Rule 9 of the Civil Procedure Code, that is to say, the plaintiff did not appear and the defendants, who appeared, denied the claim. Subsequently the plaintiff applied to have the suit reinstated, but the application was dismissed on the 28th of April 1917 and an appeal from that order of dismissal was also rejected. Subsequently he brought this Suit No. 78 of 1918 is the same Court.2. In the first paragraph of his plaint he stated a...
Bindesri and After His Death Bhagwan Das and anr. Vs. Ganga Prasad
Court: Allahabad
Decided on: Nov-26-1919
Reported in: AIR1919All55; 54Ind.Cas.428
Lindsay, J.1. I have listened to the arguments in this case and have made up my mind that the application should be dismissed. I may say at once that the case being a case under Section 25 of the Provincial Small Cause Court Act, I should not be disposed to interfere unless the law obliges me to. The suit was a suit for Rs. 4740. It was tried in the Court of a Munsif, who admittedly was possessed of Small Cause Court powers up to a limit of Rs. 50. The Munsif, however, tried the suit as a regular suit and gave a decree in favour of the defendants. The plaintiff appealed and the appeal was heard by the Subordinate Judge of Mirzapur. He reversed the decision of the Court below and gave a decree in favour of the plaintiff. Now we have this application in revision, in which it is contended on behalf of the defendants that no appeal lay to the Court below and that the order of the Subordinate Judge is void as having been passed without jurisdiction, The way the case was put on behalf of the...
Bindesri and anr. Vs. Ganga Prasad
Court: Allahabad
Decided on: Nov-26-1919
Reported in: (1920)ILR42All195
Lindsay, J.1. I have listened to the arguments in this case and have made up ray mind that the application should be dismissed. I may say at once that the case being a case under Section 25 of the Provincial Small Cause Courts Act, I should not be disposed to interfere unless the law obliges me to. The suit was a suit for Rs. 47-4-0. It was tried in the court of a Munsif who admittedly was possessed of Small Cause Court powers up to a limit of Rs. 50. The Munsif, however, tried the suit as a regular suit and gave a decree in favour of the defendants. The plaintiff appealed and the appeal was heard by the Subordinate Judge of Mirzapur, He reversed the decision of the court below and gave a decree in favour of the plaintiff. Now we have this application in revision in which it is contended on behalf of the defendants that no appeal lay to the court below and that the order of the Subordinate Judge is void as having been passed without jurisdiction. The way the case was put on behalf of t...
Ahmad Nur Khan Vs. Abdur Rahman Khan and ors.
Court: Allahabad
Decided on: Nov-25-1919
Reported in: (1920)ILR42All191
Lindsay and Ryves, JJ.1. This appeal has arisen out of proceedings which were taken in the court below under the provisions of paragraph 17, Clause 1, of the second schedule to the Code of Civil Procedure.2. It seems that there was some dispute between the members of two families descended from two brothers, Bala Khan and Ahmad Nur Khan. A suit relating to this dispute was filed in court and while the suit was proceeding the parties executed an agreement on the 20th of March, 1915, agreeing to refer their dispute to the arbitration of Khan Bahadur Abdur Rahman Khan. The result of the execution of this agreement was that the suit was withdrawn and the arbitrator took upon himself the duty of investigating into and deciding the dispute between the parties. On various dates in the year 1916, the arbitrator examined witnesses and finally the case came up before him again on the 13th of March, 1917. On that date he was informed that one of the parties to the dispute, namely, Akhtar-ud-din K...
Mahadei Vs. Beni Prasad and ors.
Court: Allahabad
Decided on: Nov-25-1919
Reported in: (1920)ILR42All214
Piggott, J.1. This is an application in revision which has been referred to a Bench of two Judges for orders. As I am particularly anxious that I should not be quoted as having decided anything beyond what I think it necessary to decide in order to dispose of this matter, I would state what seem to me to be the essential facts now before us. A magistrate received information that a dispute likely to cause a breach of the peace existed con-corning certain immovable property, namely, a house, within his jurisdiction. He took proceedings in due form under Section 145 of the Code of Criminal Procedure and came to the decision that possession over the entire house was with the present applicant Musammat Mahadei and that she was entitled to be maintained in that possession unless and until a competent court otherwise decided. In so far as he passed an order to the above effect, the case is altogether outside the revisional jurisdiction of this Court. It appears, however, that when he was pre...
Khan Bahadur Ahmad Noor Khan Alias Mangal Khan Vs. Khan Bahadur Raja A ...
Court: Allahabad
Decided on: Nov-25-1919
Reported in: 54Ind.Cas.366
1. This appeal has arisen out of proceedings which were taken in the Court . below under the provisions of paragraph 17, Clause 1, of the Second Schedule of the Code of Civil Procedure.2. It seems that there was some dispute between the members of two families descended from two brothers, Bala Khan and Ahmad Noor Khan. A suit relating to this dispute was filed in Court and while the suit was proceeding, the parties executed an agreement on the 20th of March 1915 agreeing to refer their dispute to the arbitration of Khan Bahadur Abdur Rahman Khan. The result of the execution of this agreement was that the suit was withdrawn and the arbitrator took upon himself the duty of investigating into and deciding the dispute between the parties. On various dates in the year 1916 the arbitrator examined witnesses and finally the case came up before him again on the 18th of March 1917. On that date he was informed that one of the parties to the dispute, namely, Akhtar ud-Din Khan, had died and it w...
Musammat Mahdei Vs. Beni Prasad and ors.
Court: Allahabad
Decided on: Nov-25-1919
Reported in: AIR1920All225(2); 55Ind.Cas.194
Piggott, J.1. This is an application in revision which has been referred to a Bench of two Judges for orders. As I am particularly anxious that I should not be quoted as having decided anything beyond what I think it necessary to decide in order to dispose of this matter, I would state what seems to me to be the essential facts now before us. A Magistrate received information that a dispute likely to cause a breach of the peace existed concerning certain immoveable property, namely, a house within his jurisdiction. He took proceedings in due form under Section 145 Criminal Procedure Code, and came to the decision that possession over the entire house was with the present applicant Masummat Mahadei and that she was entitled to be maintained in that position unless and until a competent Court other wise decided. In so far as he passed an order to the above offset, the case is altogether outside the revisional jurisdiction of this Court. It appears, however, that when he was prewiring to ...
Makhan Lal Vs. the Municipal Board of Agra
Court: Allahabad
Decided on: Nov-24-1919
Reported in: AIR1919All100; (1920)ILR42All207
Lindsay, J.1. This case involves the interpretation of Section 326 of the United Provinces Municipal Act (United Provinces Act, No. II of 1916). The suit out of which the application has arisen was brought by the plaintiff petitioner; Lala Makhan Lal, against the Municipal Board of Agra. The claim was to recover a sum of Rs. 218-10-6. According to the facts set out in the plaint, the plaintiff is a cloth dealer in Agra, who at various times had exported from Agra cloth of considerable value. He claimed that he was entitled, by reason of this export, to have from the municipal board a refund of octroi duty. He put in a claim to the board and his case is that the board refused to pay to him the full amount to which he was entitled. The balance which he said was owing to him from the municipal board came to Rs. 213-10-6. In paragraph 6 of the plaint, it was stated the cause of action had arisen on the 31st of October, 1917, when the board refused to pay him the balance claimed.2. One of t...
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