Allahabad Court March 1919 Judgments
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Dori Lal Vs. Emperor
Court: Allahabad
Decided on: Mar-12-1919
Reported in: AIR1919All217(1); 50Ind.Cas.667
George Knox, J.1. Dori Lal has been found guilty of an offence under Section 420 of the Indian Penal Code and sentenced to imprisonment for six months and to a fine of Rs. 150. It is contended before me that on the facts found Dori Lal is not guilty of the offence of which he has been convicted. It is also contended that in any case the sentence is severe. Dori Lal is found by the learned Sessions Judge to have sold certain trees to one Sukhan as being his property and to have received Rs. 150 as part of the sale price. Sukhan went on to out down the trees, was resisted and found that the trees belonged to certain other persons. Sukhan then went back to Dori Lal to complain, but Dori Lal put him off and eventually drove him away with abuse and would not return the money paid. The contention is that Dori Lal's acts did not amount to cheating as defined in Section 415 of the Indian Penal Code, and in support I am referred to the case of Emperor v. Bishan Das 27 A. 561 : 2 A.L.J. 268 : A....
Tabeya Bibi Vs. Wali Bandi Bibi
Court: Allahabad
Decided on: Mar-11-1919
Reported in: (1919)ILR61All534
1. It appears that one Musammat Pir Bandi owned some house property in the town of Gorakhpur. She executed a deed of gift on the 3rd of November, 1908, of seven items of property consisting of kothris and houses in favour of the widow of her son, Musammat Shafia Bibi. On the 22nd of February, 1912, Musammat Pir Bandi instituted a suit against her daughter-in-law, Musammat Shafia Bibi, for the revocation of the gift of the 3rd of November, 1908. In the plaint of that suit it was alleged that items Nos. 1, 6 and 7 had been the subject-matter of suit in a former litigation between an heir of the husband of Pir Bandi and the donee and that the gift in respect of these three items of property had been cancelled by a decree in favour of the heir of her husband. She, therefore, sued for the cancellation of the gift in respect of the remaining items of property including 2 and 5. Summons to the defendant, Musammat Shafia Bibi, was served on the 16th of March, 1912. On the 16th May, 1912, item ...
Gokul Prasad Vs. Khalil-ur-rahman
Court: Allahabad
Decided on: Mar-11-1919
Reported in: (1919)ILR61All526
1. This is an appeal by a judgment-debtor in an execution case. It is sufficient to say that a mortgage decree for a very large sum of money was passed and that under this decree the property of the judgment-debtor in four villages was ordered to be sold. There were certain objections raised in the course of the preparation of the sale proclamation and the judgment-debtor, being dissatisfied with the decision of the execution court on these points, filed an appeal to this Court, which was registered as Execution First Appeal No. 329 of 1917, and disposed of on the 21st of May, 1918. During the pendency of this appeal the sale of one of the properties in question, namely, the right of the judgment-debtor in a village called Dhoti, was ordered to be stayed for a time. The other three properties were sold and purchased by the decree-holder and by other outside auction-purchasers. The order for stay in respect of village Dhoti having been discharged, the decree-holder applied for the sale ...
Bhikhi Sahu Vs. Kodai Pande and ors.
Court: Allahabad
Decided on: Mar-11-1919
Reported in: (1919)ILR61All523
1. The only question for decision in this second appeal is whether the lower appellate court was right in reducing the rate of interest entered in the bond which was put in suit.2. The suit was a suit on a mortgage brought against Kodai Pande and his sons. Certain other defendants wore impleaded as subsequent mortgagees. The sons resisted the claim on various grounds and pleaded, inter alia, that there was no legal necessity for the loan, and that there was no need for their father to borrow at the exorbitant rate of interest entered in the deed, namely, 25 per cent, per annum compoundable with yearly rests. An issue was raised in the court of first instance regarding the propriety of this high rate of interest. The Subordinate Judge came to the conclusion that there was nothing harsh or unconscionable in the bargain, and he allowed interest to the plaintiff at the contract rate. On appeal the learned Judge of the court below has reduced the interest to 18 per cent. per annum simple, H...
Ram Singh and ors. Vs. Chet Ram and ors.
Court: Allahabad
Decided on: Mar-11-1919
Reported in: AIR1919All415; (1919)ILR61All529; 51Ind.Cas.119
Muhammad Rafiq and Lindsay, JJ.1. This appeal arises out of a suit brought by the grandsons of one Amar Singh to recover possession of property conveyed by him by a sale deed, dated the 16th of July, 1907. Amar Singh, it seems, had two sons, Bharat Singh and Kehar Singh, both of whom are alive, Bharat Singh has one son called Ram Singh, and Kehar Singh has two sons, named Mahabir Singh and Gajraj Singh. On the 23rd of March, 1904, Amar Singh executed a deed of mortgage of the property in suit for Rs. 8,000, in favour of Chet Ram and Himmat. Three years after, that is, on the 16th of July, 1907, Amar Singh executed a deed of sale in respect of the mortgaged property in lieu of Rs. 13,500, in favour of the mortgagees, i.e., Himmat and Chet Ram. Rs. 8,000 were set off towards the payment of the mortgage of the 23rd of March, 1904, and Rs. 5,500 were paid in cash before the Sub-registrar to Amar Singh. One Dalip Singh brought a suit to recover a portion of the property sold on the ground o...
Molvi Khalil-ul-rahman Vs. Gokul Chand
Court: Allahabad
Decided on: Mar-11-1919
Reported in: 50Ind.Cas.772
1. This is an appeal by a judgment-debtor in an execution case. It is sufficient to say that a mortgage decree for a very large sum of money was passed and that under this decree the property of the judgment-debtor in four villages was ordered to he sold. There were certain objections raised in the course of the preparation of the sale proclamation and the judgment debtor, being dissatisfied with the decision of the execution Court on these points, filed an, appeal, to this Court which was registered as Execution First Appeal No. 329 of 1917 and disposed of on the 21st of May 1918. Daring the pendency of this appeal the sale of one of the properties in question, namely, the rights of the judgment-debtor in a village called Dhoti, was ordered to be stayed for a time. The other three properties were Sold and purchased by the decree-holder and by other outside auction-purchasers. The order for stay in respect of village Dhoti having bean discharged, the decree-bolder applied for the sale ...
Bhukhi Sahu Vs. Kodai Panday and ors.
Court: Allahabad
Decided on: Mar-11-1919
Reported in: AIR1919All238; 50Ind.Cas.814
1. The only question for decision in ton second appeal is whether the lower Appellate Court was right in reducing be rate of interest entered in the bond which was put in suit.2. The suit was a suit on a mortgage brought against Kodai Pande and his sons. Certain other defendants were impleaded as subsequent mortgagees. The sons resisted the claim on various grounds and pleaded, inter alia, that there was no legal necessity for the loan, and that there was no need for their father to borrow, at the exorbitant rate of interest entered in the deed, namely, 25 per cent, per annum compoundable with yearly rests. An issue was raised in the Court of first instance regarding the propriety of this high rate of interest. The Subordinate Judge came to the conclusion that there was nothing harsh or unconscionable in the bargain and he allowed interest to the plaintiff at the contract rate. On appeal the learned' Judge of the Court below has reduced the interest to 18 per cent, per annum simple. He...
Musammat Wali Bandi Bibi Vs. Musammat Tabeya Bibi
Court: Allahabad
Decided on: Mar-11-1919
Reported in: AIR1919All320; 50Ind.Cas.919
1. It appears that one Musammat Pir Bandi owned some house property in the town of Gorakhpur. She executed a deed of gift on the 3rd of November 1908 of seven items of property consisting of kothris and houses in favour of the widow of her son, Musammat Shafia Bibi. On the 22nd of February 1912, Musammat Pir Bandi instituted a suit against her daughter-in-law, Musammat Shafia Bibi for the revocation of the gift of the 3rd of November 1908. In the plaint of that suit it was alleged that items Nos. 1, 6 and 7 had been the subject matter of suit in a former litigation between an heir of the husband of Pir Bandi and the donee and that the gift in respect of these three items of property had been cancelled' by a decree in favour of the heir of her husband. She, therefore, sued for the cancellation of the gift in respect of the remaining items of property including Nos. 2 and 5. Summons to the defendant, Musammat Shafia Bibi, was served on the 16th of March 1912. On the 16th of May 1912, ite...
C.A. Harper Vs. G.S.C. Cole
Court: Allahabad
Decided on: Mar-10-1919
Reported in: (1919)ILR61All521
1. This appeal arises out of a suit which was brought on foot of a judgment of the High Court of Justice in England. It appears that the plaintiff brought an action in England against the defendant for personal injuries alleged to have been caused by the negligence of the defendant in the management of his motor car. It appears that the action was tried in England in the year 1913 before Mr. Justice Darling and a special jury, when judgment was given for 250 and costs. In the present suit, which was based upon that judgment, the defendant was examined as a witness, and deposed to the fact that he was called away from England rather suddenly after the outbreak of war and that consequently he was unable to appear and defend the suit in London. It is accordingly contended on his behalf that the judgment was not a judgment "on the merits" within the meaning of Section 13 of the Code of Civil Procedure. That section provides that a foreign judgment shall be conclusive as to any matter there...
Lakshmi Ram Jani and ors. Vs. Hari Ram Dube
Court: Allahabad
Decided on: Mar-10-1919
Reported in: AIR1919All351(2); 52Ind.Cas.25
1. The defendants in the suit out of which this appeal has arisen are the sons and grandsons of one Gulab Ram Jani, who died in the year 1958 Sambat corresponding to 1901-1902.2. The plaintiff is the daughter's son of Gulab Ram Jani by the latter's daughter Gopi Kuar, who died in the lifetime of her father. Gulab Ram's wife was a lady whose name was Ballabh Kuar. The family to which the parties belonged is a family of Nagar Brahmins, who came originally from Gujarat and settled in Benares some 150 or 200 years ago.3. The suit was brought for the purpose of recovering a sum of Rs. 9,567 8 9. This sum is made up of four items which are exhibited in the statement of account attached to the plaint. The first item is one for Rs. 3,791-14-0 said to have been deposited with the firm of the defendants by Ballabh Kuar; the second, item is a sum of Rs. 2,207 said to have been similarly deposited by Musammat Gopi Kuar; the third item of Rs. 533 is also alleged to have been deposited by Gopi Kuar ...
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