Allahabad Court May 1919 Judgments
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Bhairo Prasad and anr. Vs. S.P.C. Dass
Court: Allahabad
Decided on: May-01-1919
Reported in: AIR1919All274; 51Ind.Cas.113
1. This appeal must be dismissed. It was clearly an application under Section 22 of the Provincial Insolvency Act. A stranger to the insolvency is not bound to go to the Insolvency Court at all. He has the ordinary right, which every individual has, to seek redress in the ordinary Civil Courts for any grievance or trespass to his property, whether committed by an Official Receiver or anybody else, but he can if he pleases, if he complains against the act of the Receiver, apply under Section 22 to the Insolvency Court itself, and a Bench of this Court has held that if he does so and obtains a decision upon the merits, that decision is final. But similarly if he applies under Section 22, he must comply with the terms of Section 22. In this case he applied after the expiration of 21 days of the act of attachment of which he complains. We are inclined to think, though we do not decide, that Section 4 of the Limitation Act would have enabled him to apply as soon as the Court opened, it bein...
Mohammad HusaIn and anr. Vs. Emperor
Court: Allahabad
Decided on: May-01-1919
Reported in: 51Ind.Cas.197
Stuart, J.1. On the 17th of October 1918 during the Mohurrum procession in Bareilly a Julaha called Mindhai ran to a Police Station in the town with a report that a conch was being sounded in a Hindu temple adjoining the route of the procession in contravention of the Magistrate's orders. Mindhai with two other Julahas Mohammad Husain and Bhaggu then ran to the procession and shouted to the crowd that the Hindus were sounding conches and that the Tazias should be put down.2. Thereupon the Tazias were put down and the procession was stopped. In the course of the criminal proceedings that followed, it was found that the report that conches were being sounded was absolutely untrue, that the Hindus were giving no provocation of any kind and that Mindhai, Mohammad Husain and Bhaggu spread false rumours which might have affected the Muhammadan crowd very seriously. Mindhai was convicted under Section 182 for making a false report to the Police. All three men were convicted under Section 296,...
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