Allahabad Court February 1919 Judgments
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Babu Ram Vs. Pearey Lal and ors.
Court: Allahabad
Decided on: Feb-24-1919
Reported in: AIR1919All390; 50Ind.Cas.143
Piggott, J.1. The question for determination in this appeal is one of limitation. The fasts are not in dispute. The decree under execution was one of 3rd December 1912, and the application for execution oat of which this appeal arises was presented on the 15th of March 1917. It was, therefore, beyond limitation, unless the decree-holder could show that there had been in the interval, and within three years of this present application, another application made in accordance with law to the proper Court to take some step in-aid of execution of the decree or order, within the meaning of Article 182, Clause (5) of the 1st Schedule to the Indian Limitation Act (Act IX of 1909). Now it is admitted that there had been in the interval a partial satisfaction of the decree by a sale of a portion of the property. At this sale the hypothecated property was sold and the decree-holder had purchased it with the leave of the Court on the 20th of January 1914. On the 26th of June 1914, the decree-holde...
Emperor Vs. Musammat Mulia
Court: Allahabad
Decided on: Feb-22-1919
Reported in: 50Ind.Cas.1003
Piggott, J.1. Musammat Mulia, a woman about thirty years of age, of the Kumhar or potter caste attempted to take her own life by throwing herself down a well. She has been rightly convicted of an offence under Section 309 of the Indian Penal Code. It so happened that this unfortunate woman was at that moment in an advanced stage of pregnancy. Indeed the excuse she her self put forward for her rash and criminal act was that she had been driven almost frantic by the pains of prolonged labour. She was actually: delivered of a child while in the well and it is not surprising that the unfortunate infant was born dead. On this state of facts the learned Sessions Judge has argued himself into a conviction that Musammat Mulia committed a further offence, namely that of attempting to cause herself to miscarry and he has convicted her under Section 312, read with Section 511 of the Indian Penal Code. I find it quite impossible to understand how the act in question can be brought within the purvi...
Emperor Vs. Narain
Court: Allahabad
Decided on: Feb-21-1919
Reported in: (1919)ILR61All452
Lindsay, J.1. After perusal of the order of reference made by the Sessions Judge I am satisfied that this is a case in which the order of commitment should be quashed on a point of law. The absence of the certificate of the Political Agent as required by Section 188 of the Code of Criminal Procedure is in this instance an absolute bar to the trial of this case. See Queen-Empress v. Ram Sundar (1896) I.L.R., 19 All., 109. I quash the commitment proceedings accordingly....
Emperor Vs. Bindeshri GoshaIn and anr.
Court: Allahabad
Decided on: Feb-21-1919
Reported in: AIR1919All266; (1919)ILR61All454; 50Ind.Cas.161
Lindsay, J.1. For the reasons stated in the order of reference of the Sessions Judge, I set aside the commitment of the two accused Bindeshri Goshain and Bindeshri Ahir and direct the Magistrate who committed them for trial, to try the case himself....
Jai Jai Ram Vs. Emperor
Court: Allahabad
Decided on: Feb-21-1919
Reported in: AIR1919All316; 50Ind.Cas.28
Lindsay, J.1. This is an application for revision on behalf of one Jai Jai Ram who has been convicted of an offence under Section 193 read with Section 114 of the Indian Penal Code. The charge against him was, 'that on or about the 4th of April he abetted the fabrication of a false report, Exhibit A, (meant to show that the Halwai could not be identified) inasmuch as he knew it to be a false report, and countersigned it with the intention that it might appear in evidence in a judicial proceeding and might came the Court to form its own opinion about the guilt of Brij Mohan.'2. In order to understand the nature of the charge against the accused it is necessary to refer to a few facts. On the 4th of April 1918 a woman named Musammat Kesri, who is now dead, went to the Police Station at Tanakpur with her little girl aged 9 years and complained that the girl had been assaulted by a Halwai whose name she did not know. She described this affair as having taken place four days previously and ...
NaraIn Vs. Emperor
Court: Allahabad
Decided on: Feb-21-1919
Reported in: 50Ind.Cas.164
Lindsay, J.1. After perusal of the order of reference made by the Sessions Judge, I am satisfied that this is a case in which the order of commitment should be quashed on a point of law. The absence of the certificate of the Political Agent, as required by Section 188 of the Code of Criminal Procedure, is in this instance an absolute bar to the trial of this case see Queen-Empress v. Ram Sundar 19 A. 109 : A.W.N. (1896) 196 : 9 Ind. Dec. (N.S.) 71. I quash the commitment proceedings accordingly....
Zafar HusaIn and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-21-1919
Reported in: AIR1919All375; 50Ind.Cas.350
Lindsay, J.1. There are two petitions in revision before me which have been heard together as directed by the learned Judge who admitted them. One of the petitions is on behalf of Tafazzul Husain, who was convicted in the Court of a First Class Magistrate on charges under Sections 147 and 325 of the Indian Penal Code. He was sentenced on each charge to imprisonment for six months and a direction was made that the sentences should run consecutively. The other applicants Zafar Husain, Niaz Husain and Rahmat Bakhsh alias Thamman were tried at the some trial, they were convicted under the some sections and each of them was sentenced to rigorous imprisonment for one year on each charge, the same directions being given regarding the order in which the sentences were to be served. The case came up in appeal before the learned Sessions Judge. He modified the order of the first Court by directing that the sentences should run concurrently and not consecutively. He also took advantage of the pow...
Jalpa Prasad Vs. Emperor
Court: Allahabad
Decided on: Feb-21-1919
Reported in: AIR1919All110; 50Ind.Cas.487
Lindsay, J.1. This is an application on behalf of one Jalpa Prasad, who was convicted in the Court of a Magistrate of an offence under Section 211 of the Indian Penal Code. The conviction has been maintained in appeal by the Sessions Judge.2. Two questions have been raised on behalf of the applicant. It is contended in the first place that there is no evidence on the record to support the finding that the accused is the person who sent a certain written report, Exhibit A, to the Thana in which was contained an allegation against one Moinuddin that he had been concerned in a case of riot. The second question is whether or not the prosecution was maintainable in the absence of sanction with reference to the provisions of Section 195 of the Code of Criminal Procedure.3. The facts alleged for the prosecution were as follows:4. On the 13th of July 1918 a man named Pitai came to the Police Station at Serai Mamrez and handed in a written report, in which there were allegations that certain pe...
Nanak Chand and anr. Vs. Chameli Kunwar
Court: Allahabad
Decided on: Feb-21-1919
Reported in: AIR1919All231; 50Ind.Cas.777
1. This appeal arises out of a suit which was brought to realise the amount of a mortgage. The facts appear to be that after the mortgage (which was usufructuary in form) was made, the mortgagee made a letting of the property which consisted of houses to the mortgagor. Rent fell into arrear the mortgagee brought a suit for the rent, obtained a decree and put up the houses for sale. They were purchased by the appellant here. When the present suit was instituted, it was contended on behalf of the appellant that be must be taken to have purchased the entire interest in the houses and that the plaintiff was not at liberty as against him to set up the mortgage. The finding of the Court below is that the defendant, who was the auction-purchaser, knew of the existence of the mortgage and purchased the property at a price which was far less than the value of the houses bad they been free of incumbrances. It is contended on the authority of Muhammad Hamid-ud-din v. Shib Sahai 21 A. 309 : A.W.N....
Musammat Kulsumunnisa Vs. Khaslat HusaIn and ors.
Court: Allahabad
Decided on: Feb-20-1919
Reported in: AIR1989All896(2); 50Ind.Cas.179
1. This appeal arises out of a suit for preemption. The first Court found that there was no custom. The lower Appellate Court reversed the decree and held that the custom prevailed. The wajib ul-arz of 1842 shows that there was then no custom in existence and there could be no custom then because the village was owned by a single proprietor, who was entitled to sell his property to whomsoever he pleased and his vendees would take unfettered with any right of preemption. No doubt a custom might gradually grow up if after the year 1842 the village became possessed by a number of co-sharers. But this would be a new custom and would require to be proved by evidence. The only difficulty we have in the present case is that there has been a finding by the lower Appellate Court that the custom exists. So far as this is a finding of fact it is binding upon us in second appeal. We think, however, that under the peculiar circumstances of this case a question of law really arises. A perusal of the...
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