Allahabad Court January 1920 Judgments
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Farhat-un-nissa Bibi and ors. Vs. Sundari Prasad and ors.
Court: Allahabad
Decided on: Jan-13-1920
Reported in: AIR1920All9; (1920)ILR42All275
Tudball, J.1. This is a plaintiffs first appeal. A decree for. sale of ancestral property belonging to the plaintiffs was passed by the Civil Court and the execution of that decree was transferred to the court of the Collector under the rules made by the Local Government under Section 70 of the Code of Civil Procedure. The property was sold by auction and the sale was sot aside by the Collector, but on appeal by the opposite party, to the Commissioner the Collector's order was set aside and the sale was confirmed. The Commissioner's order was appealed to the Board of Revenue, but the appeal was dismissed. Thereupon the plaintiff brought the present suit and asked for a declaration that the sale made on the 20th of August, 1914, was fraudulent and null and void and ineffectual according to law. The court below has dismissed the plaintiffs' suit on the ground that, under the rules made by the Local Government, no suit to set aside an order made under these rules can be brought by any per...
Emperor Vs. P.U. Desouza
Court: Allahabad
Decided on: Jan-13-1920
Reported in: (1920)ILR42All272
Tudball, J.1. The applicant in this case has been convicted of causing death by a rash and negligent act under Section 304A. of the Indian Penal Code and has been sentenced to three months' simple imprisonment and to pay a fine of Rs. 150. There are three counts, and the sentences were ordered to run concurrently. The plea taken on revision is that the act done by the applicant, though it may have been negligent, was not so grossly negligent as to fall within the Criminal Law. The facts may be briefly stated:2. Messrs. A. John and Co., at Agra, employed the appellant as a doctor in the dispensary in connection with their Mills for the purposes of their employee's. The appellant is not a qualified man. He apparently has served for a large number of years in the drug department of Messrs. Treacher & Co., in Bombay and for eight years has been employed in Agra in charge of the dispensary in question. The courts below have both held that the dispensary at the Mills of Messrs. A John & Co.,...
Shyam Lal Vs. Parshottam Dass
Court: Allahabad
Decided on: Jan-13-1920
Reported in: 58Ind.Cas.585
Piggott, J.1. This appeal arises out of an application made under paragraph 20 of the Second Schedule to the Code of Civil Procedure to have an award made in an arbitration conducted without the intervene lion of the Court filed. The party contesting the award put in what we may call a written statement, in which they contested the award on a great variety of grounds. They went go far as to contend that the award sought to be filed had never been made by the gentleman to whose arbitration the matters in dispute between the parties had been referred, but was a forgery connected after that gentleman's death. On the pleadings of the parties a number of issues were fixed, ten in all, and the case was set down for hearing. The objector moved the Court to decide first of all two issues only, in respect of which it was represented to the Court that it would not be necessary to take any evidence. The issues as framed ran as follows:-- Issue No. 2. 'Has the arbitrator determined any matter not ...
Musammat Farhat-un-nissa Bibi and ors. Vs. B. Sundari Prasad and ors.
Court: Allahabad
Decided on: Jan-13-1920
Reported in: 54Ind.Cas.801
1. This is a plaintiffs' first appeal. A decree for sale of ancestral property belonging to the plaintiffs was passed by the Civil Court and the execution of that decree was transferred to the Court of Collector under the rules made by the Local Government under Section 70 of the Code of Civil Procedure. The property was sold by auction and the sale was set aside by the Collector, but on appeal by the opposite party to the Commissioner the Collector's order was set aside and the sale was confirmed. The Commissioner's order was appealed to the Board of Revenue but the appeal was dismissed. Thereupon the plaintiffs brought the present suit and asked for a declaration that the sale made on the 20th of August 1914 was fraudulent and null and void and ineffectual according to law. The Court below has dismissed the plaintiffs' suit on the ground that under the rules made by the Local Government no suit to set aside an order made under these rules can be brought by any person against whom suc...
Sri Thakurji Through Parmeshari Das Vs. Nanda Ahir
Court: Allahabad
Decided on: Jan-13-1920
Reported in: 55Ind.Cas.317
George Knox, J.1. The appellant in this second appeal is Sri Thakurji through Parmeshri Das. The suit was instituted by one Nanda Ahir and the relief claimed by him was that a decree might be given him for possession of 15 gandas and 41/2. dants share together with sir land, etc., by removal of the unlawful possession of the defendant, first party, and cancelment of a wakfnama so called dated the 1st of November 1911. In the lower Appellate Court's judgment the facts are given that on the 1st of April 1901 Sovai Ahir, father of the plaintiff, executed a deed of gift of 1 1/2 pies out of 15 gandas and 4 1/2 dants in favour of the defendant No. 1. The allegation was that this property was the joint property of the family; that Sovai aforesaid had no right to give it in gift : that the defendant had taken possession of the entire 15 gandas and 4 1/2 dants; that the property was not the self-acquired property of Sovai. The finding of the lower Appellate Court is that he agrees with the Mun...
P.N. De Souza Vs. Emperor
Court: Allahabad
Decided on: Jan-13-1920
Reported in: AIR1920All32; 55Ind.Cas.735
Tudball, J.1. The applicant in this case has been convicted of causing death by a rash and negligent act under Section 304A, Indian Penal Code, and has been sentenced to three months' simple imprisonment and to pay a fine of Rs. 150. There are three counts and the sentences were ordered to run concurrently. The plea taken on revision is that the act done by the applicant, though it may have been negligent, was not so grossly negligent as to fall within the criminal law. The facts may be briefly stated.2. Messrs. A. Jhon & Co., at Agra, employed the appellant as a doctor in the dispensary in connection with their mills for the purposes of their employees. The appellant is not a qualified man. He apparently has served for a large number of years in the drug department of Messrs. Treacher & Co. in Bombay and for 8 years has been employed in Agra in charge of the dispensary in question. The Courts below have both held that the dispensary at the mills of Messrs. A. Jhon & Co. was very carel...
Gajadhar Singh Vs. Basanti Lal and ors.
Court: Allahabad
Decided on: Jan-12-1920
Reported in: AIR1921All60; 55Ind.Cas.83
1. In this case the appellant is the holder of a decree for sale on a mortgage executed by one Musammat Rahas Kunwar. He obtained a preliminary decree for sale under the Transfer of Property Act, before the present Code of Civil Procedure came into force. Musammat Rahas Kunwar died before any order absolute for sale had been passed. The decree holder then applied to bring three minors, under the guardianship of their mother, on record as the legal representatives of Musammat Rahas Kunwar and for the preparation of a final decree for sale against the said minors as such legal representatives. No appearance was entered on behalf of the minors and an ex parte decree was passed as applied for. Subsequently, a petition was presented on behalf of the minors for the setting aside of the said decree. The difficulties which have been felt by the Courts below arise out of the manner in which this petition was dealt with. It was formally rejected, but the Court at the same time ordered the decree...
Janki Prasad Tewari Vs. Emperor
Court: Allahabad
Decided on: Jan-09-1920
Reported in: 55Ind.Cas.673
Walsh, J.1. From the facts found in this case it is clear that there has been an old standing dispute between the two parties with regard to the possession of certain lands. The present applicant was the servant of the successful party. The successful party had obtained a decree for possession from a Civil Court. Both parties had been required to give security under Section 107 and the period for such security had expired on the 26th June, 'it is clear,' says the lower Court, 'that by giving possession on the 3rd of August 1919 the other party had ceased legally to have any standing in any of the property.' Notwithstanding all this the other party on various dates, namely, the 12th of August, the 14th of August and the 24th of August, there atened the lawful possession which the applicant's master had obtained and threatened it with an armed force. In consequence of this the Sab-Inspector at the instance of the applicant obtained the assistance of two constables and three Chaukidars wh...
Emperor Vs. Joti Prasad and ors.
Court: Allahabad
Decided on: Jan-08-1920
Reported in: (1920)ILR42All314
Piggott and Walsh, JJ.1. This is a reference by the learned Sessions Judge of Saharanpur, in deciding which we had the advantage of hearing the point very satisfactorily argued by counsel on both sides. The essential facts are these: A Sub-Inspector of police, finding himself in a certain village in the north of the Saharanpur district, received information that persons who had been concerned in a number of dacoities in that neighbourhood, and who had recently committed a dacoity in a village about two miles off, had been seen in a forest tract in his neighbourhood. He endeavoured to get a number of villagers to join him in an expedition into that forest) for the purpose of discovering the whereabouts and effecting the arrest of these dacoits. With this object in view he called upon Joti Prasad, local agent of an absentee zamindar, to join him and to bring with him, or in the alternative, to lend him the use of a gun which was kept in the zamindar's house under a licence personal to th...
Joti Prasad and ors. Vs. Emperor
Court: Allahabad
Decided on: Jan-08-1920
Reported in: AIR1920All265; 58Ind.Cas.673
1. This is a reference by the learned Sessions Judge of Saharanpur, in deciding which we have had the advantage of hearing the point very satisfactorily argued by Counsel on both sides. The essential fasts are these. A Sub Inspector of Police, finding himself in a certain village in the north of the Saharanpur District, received information that persons who had been concerned in a number of dacoities in that neighbourhood, and who had recently committed a dacoity in a village about two miles off, had been seen in a forest tract in his neighbourhood. He endeavoured to get a number of villagers to join him in an expedition into that forest for the purpose of discovering the whereabouts and effecting the arrest of these dacoits, With this object in view he called upon Joti Prasad, the local agent of an absentee Zemindar, to join him and to bring with him or, in the alternative, to lend him the use of a gun which was kept in the Zemindar's house under a license personal to the Zemindar. He...
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