Allahabad Court March 1919 Judgments
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George Summerly Carmichael Cole Vs. Catherine Ann Harper
Court: Allahabad
Decided on: Mar-10-1919
Reported in: AIR1919All228; 50Ind.Cas.780
1. This appeal arises out of a suit which was brought on foot of a judgment of the High Court of Justice in England. Its 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 oar. 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 fit Civil Procedure. That section provides that a foreign judgment shall be conclusive as to any matter ...
Sheomangal and ors. Vs. Dil Raj and ors.
Court: Allahabad
Decided on: Mar-10-1919
Reported in: AIR1919All269; 50Ind.Cas.886
1. This application in revision arises under the following circumstances. The plaintiff, who is the applicant here, brought a suit for partition. The parties referred the matter to arbitration and an award was made. No objection having been taken to the award, the Court directed that a decree should be made in the terms of the award. A week after this, the Court directed the plaintiff or his Pleader to deposit Rs. 10. It may be pointed out here that this Rs. 10 was not a Court-fee. It was the stamp duty which was payable upon an 'instrument of partition', which includes a decree for partition. For some reason or other, not very clear, this order was not complied with. In the meanwhile another Judge had taken the place of the Judge who had made the order directing a decree to be drawn up in accordance with the award. This new Judge, finding that the order had not been complied with, dismissed the plaintiff's suit. The applicant contends that there was no jurisdiction in the Court to dis...
Saiyid Alay Ahmad Vs. Emperor
Court: Allahabad
Decided on: Mar-08-1919
Reported in: 50Ind.Cas.978
Walsh, J.1. This is a remarkable case and whether I am right or wrong in the view which I take on the merits nobody can doubt that the result o the original trial was in the highest degree unsatisfactory.2. The charge against the accused is that he, as Pleader, having had certain drafts contained in an envelope entrusted to him, either for safe custody, or to have fair copies of them prepared on some subsequent date, which drafts represented a compromise which had been arrived at in an unfortunate and protracted dispute between a brother and his sister, in a subsequent civil suit which the brother brought against his sister upon an allegation which the Subordinate Judge, who tried it, found to be wholly false, being called as a witness, swore that the document shown to him and known as Exhibit 4 in that civil suit was one of the documents which bad been entrusted to him. It was not that fact, I think, is one of the few facts, which has been clearly established in the criminal enquiry.3...
Krishna Pal Singh and ors. Vs. Desraj Ranjit Singh and ors.
Court: Allahabad
Decided on: Mar-07-1919
Reported in: (1919)ILR61All517
1. This appeal arises out of execution proceedings. The main question relates to mesne profits. In a suit for ejectment from a house the learned Subordinate Judge made the following decree: "It is ordered that the plaintiff do get from the defendants Rs. 65, the rent for October, 1905, and the movables specified below, otherwise Rs. 250 the value thereof, as well as mesne profits pendente lite and future up to the date of possession at Rs. 65 a month, together with future interest at the rate of eight annas per cent. per mensem". This decree was set aside by this Court and the suit dismissed. On appeal to His Majesty in Council the decree of this Court was set aside and the decree of the trial court restored with costs. The decree-holders are now seeking to execute the decree. The respondent, Dr. Ranjit Singh, claimed to deduct from the mesne profits of Rs. 65 a month certain payments which he alleges he had made in respect of repairs, taxes, ground-rent and other matters and interest ...
Jai Kali Vs. Baldeo Singh and ors.
Court: Allahabad
Decided on: Mar-07-1919
Reported in: AIR1919All189; (1919)ILR61All515
1. This application arises under the following circumstances. A suit was brought by one Audheah Chunder to enforce, by specific performance, an alleged contract to sell certain immoveable property. Whilst the suit was pegging the sole plaintiff died. His widow then applied to be brought on the record in his place. Her application was opposed by some one or more of the defendants who alleged that her deceased husband was a member of a joint Hindu family and that, therefore, his wife had no right to continue the suit, This contention met with the approval of the Court below, which rejected the application of Musammat Jai Kali to be brought on to the record in the place of her deceased husband, and (we are informed) on a sub-sequent date declared that the suit had abated. We think the order rejecting the application of Mtuammat Jai Kali was incorrect. It would, of course, follow that any subsequent order declaring that the suit had abated was also incorrect. The suit by Audhesh Chunder wa...
Durga Das Alias Durga Parsad and anr. Vs. Jai NaraIn and ors.
Court: Allahabad
Decided on: Mar-07-1919
Reported in: AIR1919All350; 50Ind.Cas.156
1. This application arises out of a suit for dissolution of partnership. It is admitted that the parties reside within the jurisdiction of the Court at Aligarh. It is admitted that the cause of action arose within the jurisdiction of the Court at Aligarh. It appears, however, that the factory which belongs to the partners is situate outside the jurisdiction. The defendants pleaded that the Court at Aligarh had no jurisdiction to hear the case and that the suit should have been brought where the factory was situate. This contention found favour with both the Courts below. The plaintiffs have challenged the order of the Court below by this application in revision. We think that the decisions of the Courts below were incorrect. It is admitted that unless the case can be brought within the provisions of Section 16 of the Code, the proper Court in which to institute the suit was the Court at Aligarh. Section 16 provides:Subject to the pecuniary or other limitations prescribed by any law, su...
Rai Krishnapal Singh and ors. Vs. Dr. D.L. Ranjit Singh and ors.
Court: Allahabad
Decided on: Mar-07-1919
Reported in: AIR1919All198; 50Ind.Cas.895
1. This appeal arises out of execution proceedings. The main question relates to mesne profits. In a suit for ejectment from a house the learned Subordinate Judge made the following decree: 'It is ordered that the plaintiff do get from the defendants Rs. 65, the rent for October 1905, and the moveables specified below, otherwise Rs. 250, the value thereof, as well as mesne profits pendentelite and future up to the date of possession at Rs. 65 a month together with future interest at the rate of 8 annas per cent, per mensem.' This decree was set aside by this Court and the suit dismissed. On appeal to His Majesty in Council the decree of this Court was set aside and the decree of the Trial Court restored with costs. The decree-holders are now seeking to execute the decree. The respondent Dr. Ranjit Singh claimed to deduct from the mesne profits of Rs. 65 a month certain payments which he alleges he had made in respect of repairs, taxes, ground rent and other matters and interest thereon...
Musammat Jai Kali Vs. Baldeo Singh and ors.
Court: Allahabad
Decided on: Mar-07-1919
Reported in: 50Ind.Cas.883
1. This application arises under the following circumstances. A suit was brought by one Audheah Chunder to enforce, by specific performance, an alleged contract to sell certain immoveable property. Whilst the suit was pegging the sole plaintiff died. His widow then applied to be brought on the record in his place. Her application was opposed by some one or more of the defendants who alleged that her deceased husband was a member of a joint Hindu family and that, therefore, his wife had no right to continue the suit, This contention met with the approval of the Court below, which rejected the application of Musammat Jai Kali to be brought on to the record in the place of her deceased husband, and (we are informed) on a sub-sequent date declared that the suit had abated. We think the order rejecting the application of Mtuammat Jai Kali was incorrect. It would, of course, follow that any subsequent order declaring that the suit had abated was also incorrect. The suit by Audhesh Chunder wa...
Fauja Alias Faiz Mohammad Vs. Emperor
Court: Allahabad
Decided on: Mar-07-1919
Reported in: 50Ind.Cas.833
1. This is an appeal by one Faiz Mohammad, alias Fauja, who has been convicted by the Court of Session sitting at Hamirpur on a charge of murder and sentenced to death. The record is also before us for confirmation of the sentence of death. We are driven to the conclusion that the charge as framed contravenes the provisions of sections 233 and 234 of the Criminal Procedure Code and is not justified by the provisions of Section 235 of the same Code.2. Broadly speaking, the case for the prosecution was that five persons were murdered, three in the course of the forenoon of the 2nd of June 1918 in the neighbourhood of the village called Bara and two others at a village called Srinagar on the afternoon of the same day.3. The triple murder and the double murder were not so connected together as to represent a series of acts forming the same transaction, so that the provisions of Section 235 of the Criminal Procedure Code do not apply.4. The Magistrate and also the trial Court presumably too...
Kali Prasad Misir and ors. Vs. Harbans Misir and ors.
Court: Allahabad
Decided on: Mar-05-1919
Reported in: AIR1919All383; (1919)ILR61All509
Piggott, J.1. The dispute in this case is about a plot of land, shown as plot No. 655 in the village papers prepared at a revision of settlement held in the year 1887. We must take it as found by the lower appellate court that in the records then prepared this plot of land was, to the knowledge of the litigants in this case, or their predecessors in title, recorded as the sole and separate property of the defendants. In the year 1914 the defendants presented an application for partition, in the course of which they alleged that this plot No. 655 belonged to them in severalty, was in their separate possession, and should be assigned to their mahal. The present plaintiffs, who are the remaining co-sharers in the village, objected to the effect that a mistake had been made in the preparation of the settlement records of 1887, and that as a matter of fact plot No. 655 represented a portion of the inhabited site of the village and, along with the rest of the said inhabited site, was the joi...
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