Allahabad Court July 1919 Judgments
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Nand Kishore Vs. Abdur Rahman
Court: Allahabad
Decided on: Jul-31-1919
Reported in: AIR1919All82(2); (1920)ILR42All74
Pramada Charan Banerji and Piggot, JJ.1. This is an appeal from an order passed by the Subordinate Judge of Moradabad in an appeal directing the plaint filed in the case to be returned to the plaintiff for presentation in the proper court. The suit was brought in the court of the City Munsif of Moradabad. One of the pleas taken in defence was that the suit was not cognizable by that court, but should have been brought in the court of the Munsif of Sambhal. The learned City Munsif set down the suit for hearing, framed proper issues, held that the cause of action had arisen within his jurisdiction and gave the plaintiff a decree. On appeal the learned Subordinate Judge held, that no part of the cause of action had arisen within the jurisdiction of the court of the Munsif of Moradabad City. Without going further into the matter, he passed the order now under appeal. That order no doubt could' be passed under the powers of an appellate court as specified in Section 107 of the Code of Civil...
Partab Singh and anr. Vs. Jaswant Singh and anr.
Court: Allahabad
Decided on: Jul-31-1919
Reported in: (1920)ILR42All79
Muhammad Rafiq and Wallach, JJ.1. This is an application in revision from an appellate order of the learned District Judge of Farrukhabad setting aside an order of the Munsif passed on an application for review. It appears that the opposite party obtained a decree against the applicants on the 3rd of August, 1911. The first application for execution was made on the 26th of August, 1914. It was obviously time-barred, Notice was issued on the application to the judgment-debtors, but nobody appeared. The judgment-debtors were minors then and are minors still. Notice was issued to their guardian, No steps were taken on that application. Subsequently other applications were put in and the execution of the decree was allowed. The property of the judgment-debtors, the applicants before this Court, was attached and was advertised for sale. They objected to the execution proceedings on the ground of limitation. Their objection was disallowed on the 9th of January, 1917, and again on the 24th of...
Sudarshan Maharaj Nandram Vs. East Indian Railway Company
Court: Allahabad
Decided on: Jul-31-1919
Reported in: (1920)ILR42All76
Stuart, J.1. This application raises a point of some little interest. The plaintiff sued the East Indian Railway Company for damage done to a consignment containing machine-made lace. The consignment was of over the value of Rs. 100, but the value and the contents had not been declared and no extra freight had been paid by way of compensation for increased risks.2. The Railway Company pleaded that under the provisions of Section 75 of Act No. IX of 1890, it was not liable.3. The contention on the other side is that the word ' lace ' in the second schedule to Act IX of 1890 means hand-made lace and not machine-made lace. In support of this contention their learned Counsel has referred to 28 and 29 Victoria, Cap. 94, Section 1. This was an Act to amend the Carriers' Act in England, and this section laid down that where the word ' lace ' was used in the Carriers' Act it was to be construed as not including machine-made lace, but the fact that this Amending Act was passed is no authority f...
Partap Singh and anr. Vs. Jaswant Singh and anr.
Court: Allahabad
Decided on: Jul-31-1919
Reported in: AIR1919All67; 52Ind.Cas.642
1. This is an application in revision from an appellate order of the learned District Judge of Farrukhabad setting aside an order of the Munsif passed on an application for review. It appears that the opposite party obtained a decree against the applicants on the 3rd of August 1911. The first application for execution was made on the 26th of August 1914. It was obviously time-barred. Notice was issued on the application to the judgment-debtors but nobody appeared. The judgment-debtors were minors then and are minors still. Notice was issued to their guardian. No steps were taken on that application. Subsequently other applications were put in and the execution of the decree was allowed. The property of the judgment debtors, the applicants before this Court, was attached and was advertised for sale. They object to the execution proceedings on the ground of limitation. Their objection was disallowed on the 9th of January 1917 and again on the 24th of March l917. On the 2nd of April 1917 ...
Shudarshan Maharaj Nand Ram Through Nand Ram Vs. the East Indian Railw ...
Court: Allahabad
Decided on: Jul-31-1919
Reported in: AIR1919All50; 52Ind.Cas.644
Stuart, J.1. This application raises a point of some little interest. The plaintiff sued the East Indian Railway Company for damage done to a consignment containing machine made lace. The consignment was of over the value of Rs. 100, but the value and the contents had not been declared and no extra freight had been paid by way of compensation for increased risks.2. The Railway Company pleaded that under the provisions of Section 75, Act IX of 1890, it was not liable.3. The contention on the other side is that the word 'lace' in the Second Schedule of Act IX of 1890 means hand made lace and not machine made lace. In support of this contention their learned Counsel has referred to 23 and 29 Victoria, Cap. 94, Section 1. This was an Act to amend the Carriers Act in England and this section laid down that where the word 'lace' was used in the Carriers Act it was to be construed as not including machine made lace, but the fact that this Amending Act was passed is no authority for an interpr...
Badri Vs. Emperor
Court: Allahabad
Decided on: Jul-31-1919
Reported in: AIR1919All323; 52Ind.Cas.666
Stuart, J.1. The four applicants, Badri, Jageshar, Raja Ram Pathak and Ramesbar, filed about the Name time four separate suits in the Court of the Village Munsif of Khajuri and obtained decrees therein. In execution of one of these decrees Jagat was imprisoned for 42 days. The learned District Judge of Gorakhpore under the provisions of Section 73, Local Act III of 1892, set aside all these decrees, on the finding amongst other findings that the Village Munsif had no jurisdiction to decide the suits. He further found that the suits were deliberately false and that they had been instituted in pursuance of a conspiracy to prosecute Jagat, because Jagat had exposed a scandal in Jageshar's family the disclosure of which had put Jageshar to considerable expense and damaged the reputation of himself and his relations. The learned District Judge, after having arrived at this conclusion and setting aside the decrees, proceeded to take action under Section 476 of the Code of Criminal Procedure,...
Nand Kishore Vs. Abdul Rahman
Court: Allahabad
Decided on: Jul-31-1919
Reported in: 52Ind.Cas.801
1. This is an appeal from an order passed by the Subordinate Judge of Moradabad in an appeal directing the plaint filed in the case to be returned to the plaintiff for presentation in the proper Court. The suit was brought in the Court of the City Munsif of Moradabad. One of the pleas taken in defence was that the suit was not cognizable by that Court but should have been brought in the Court of the Munsif of Sarabha J. The learned City Munsif set down the suit for hearing, framed proper issues, held that the cause of action had arisen within his jurisdiction and gave the plaintiff a decree. 'On appeal the learned Subordinate Judge held that no part of the cause of action had arisen within the jurisdiction of the Court of the Munsif of Moradabad City. Without going further into the matter he passed the order now under appeal. That order, no doubt, could be passed under the powers of an Appellate Court as specified in Section 107 of the Civil Procedure Code and is also covered by the pr...
Pahalwan Singh and ors. Vs. Jiwan Das and ors.
Court: Allahabad
Decided on: Jul-30-1919
Reported in: (1920)ILR42All109
Ryves, J.1. The facts as found by the lower court and not contested are as follows:One Braj Kishore, who was related to the plaintiffs respondents, as will be explained later on, inherited a very valuable banking business and zamindari estate from his mother's family which he carried on under the style of Jugal Kishore Chunna Mal, and afterwards of Jugal Kishore, Braj Kishore. He him- self became Government Treasurer of Shahjahanpur. He died in 1878, leaving surviving him a widow, Musammat Durga Dei. This lady carried on her late husband's business for something like 25 years till her death on the 8th June, 1905.2. It is admitted that she was careful in her management, and was not a spendthrift. The evidence on the point as to how far she was successful is, perhaps vague, but one of the plaintiffs, Kishan Chand, admitted that the value of the property left by Braj Kishore was believed to be about 2t or 22 lakhs, and that at Durga Dei's death, the property left by her was of about the s...
Ali HussaIn Vs. Mohamed Hussain
Court: Allahabad
Decided on: Jul-30-1919
Reported in: AIR1919All335; 52Ind.Cas.628
1. The suit out of which this appeal arises relates to a grove which originally belonged to one Musammat Muniran. She made a waqf of this grove in the year 1890 and appointed herself the first mutwalli. The deed of waqf provided that after her death the mutwallis should be her grandsons, namely, the plaintiff Muhammad Husain and the defendant Ali Husain. The present suit was brought by the plaintiff for a declaration that the grove was waqf property in which the plaintiff and the defendant Ali Husain had no other rights than those of mutwallis. He asked for an injunction restraining Ali Husain from transferring the trees in the grove. He was allowed to amend the plaint and to claim a certain sum of money as the price of trees which were alleged to have been out down. It appears that on the 15th of June 1917 the plaintiff Muhammad Husain executed a document whereby he transferred his rights as mutwalli to his father Allah Baksh and appointed him mutwalli in his own place. Allah Baksh ap...
JabruddIn Vs. Emperor
Court: Allahabad
Decided on: Jul-30-1919
Reported in: AIR1919All136; 52Ind.Cas.657
Wallach, J.1. Jabruddin, the applicant in this revision, has been bound over for three years under Section 110 of the Code of- Criminal Procedure by a Magistrate of the first class in Moradabad and, on reference under Section 123 of the Code of Criminal Procedure, the learned Sessions Judge of Moradabad has confirmed this order. The applicant has come to this Court in revision, and I have been asked by his learned Counsel to take into consideration the evidence which has been produced on behalf of the prosecution as well as that produced on behalf of his client. It has been remarked more than once by learned Judges of this Court that the High Court is not a Court of Appeal for oases under Section 110 of the Code of Criminal Procedure. The responsibility of administering that section rests primarily with the District authorities. That section coupled with Section 117 of the Code of Criminal Procedure, gives very wide powers, and necessarily so, to the trying Magistrate and it is only in...
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