Allahabad Court March 1920 Judgments
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Manna Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-03-1920
Reported in: AIR1920All19; 56Ind.Cas.49
1. In this case Manna Singh, caste Thakur, Sardar Singh, caste Thakur, and Lallu Singh, caste Thakur, appealed, the first from a conviction and sentence of death passed upon him, and the second and third from convictions and sentences of transportation for life. The facts are as clear as possible. The deceased man had given offence to Sardar Singh and Lallu Singh and they bore enmity against him, and on the night of the 5th of November three servants who were sleeping within a few feet of the deceased man heard his cry for help. These three men hurried to the next room, which was lighted by a lamp quite close to the bed and made bright by moonlight also. There they saw three men all of whom were previously known to them, and each witness has described what he saw. Sardar Singh and Lallu Singh were holding the deceased man down on to the bed with their lathies. Manna Singh was striking the deceased man's neck with an axe. The three men ran away into the open and in a few minutes other p...
Musammat Lilawati Kuar Vs. Chottey Singha Nd ors.
Court: Allahabad
Decided on: Mar-03-1920
Reported in: AIR1920All332; 61Ind.Cas.932
1. This appeal relates to an estate in the district of Aligarh, known as the Kora Estate. The plaintiff same into Court on the allegation that she is the widow of the last male holder, who died some time in 1908. Her alleged husband, Bijaipal Singh, admittedly died a minor aged about 14 it is also admitted that Bijaipal Singh was adopted by the widow of Sukhram Singh in 1895. Sukhram Singh was really the undisputed last male holder of the estate in dispute. Subsequent to the adoption of Bijaipal Singh there was a dispute between him and the sister's sons of Sukhram Singh who challenged the adoption. The ease was fought up to the High court and Bijaipal Singh's adoption was upheld. The case is reported as Jai Singh v. Bijai Pal Singh A.W.N. (1905) 20 : 27 A. 417 : 2 A.L.J. 36 About five days after the adoption of Bijaipal Singh his adoptive mother, Laohmi Kunwar, died on the 3rd of August 1895. After her death the natural father of Bijaipal Singh looked after the person and property of ...
Katori Kunjra Vs. Ajudhia Prasad and ors.
Court: Allahabad
Decided on: Mar-02-1920
Reported in: AIR1920All253(1); 58Ind.Cas.597
P.C. Banerji, J.1. This is an application for revision on the ground that the Court below had no jurisdiction to entertain an appeal from the order of the Court of first instance. What happened in this case was this. A house was sold by auction in execution of a decree and was purchased by the present applicant. He deposited one-fourth of the purchase-money as required by Order XXI, Civil Procedure code, but he did not deposit the balance within the fortnight allowed. He, however, made an application to the Court, asking it to set aside the sale on the ground that the property was subject to encumbrances and he had been misled by the omission of encumbrances in the proclamation of sale into purchasing the property. This application was not justified by any of the provisions of the Civil Procedure code. The Court, however, set aside the sale and ordered the property to be re-sold. This order it was justified in making by the provisions of Order XXI, Rule 84. Against this order the decre...
Mathura and anr. Vs. Raghunath Sahai and anr.
Court: Allahabad
Decided on: Mar-02-1920
Reported in: AIR1920All137; 58Ind.Cas.663
P.C. Banerji, J.1. I do not think I should interfere in this case. The suit was brought in a Court of Small Causes and what the applicant seeks is that I should treat the matter as an appeal from the decree of that Court. However, a legal objection has been taken to the effect that the suit was not of a nature cognizable by a Small Cause Court-, and reference has been made to Article 35(ii) and Article 43(a). I do not think that these articles are applicable to the present case. According to the allegations in the plaint, the defendants against whom the suit was brought, had committed no criminal offence for which compensation was being claimed. The person who is said to have misappropriated the ornaments about which the suit was brought, was Tulshi Ram, the plaintiffs' gumashta. The plaintiffs' case was that Tulshi Ram, without authority from the plaintiffs, handed over the ornaments in suit, to the defendants. The defendants alleged that Tulshi Ram had pawned them with the defendants...
Fatema Begam Vs. Imdad Ali
Court: Allahabad
Decided on: Mar-01-1920
Reported in: AIR1920All249(1); 58Ind.Cas.560
1. This is an application for revision of an order of the District Judge of Agra transferring a suit from the Court of the Munsif of Agra to that of the Subordinate Judge. It appears that the present applicant Musammat Fatema Begam brought a suit in the court of the Munsif of Agra against Imdad Ali for his ejectment from a house. That suit was contested and evidence was adduced by both parties before the Munsif. On the 5th of March 1913 the Munsif proceeded to write his judgment. While he was doing so. an application was made to him by the defend-ant asking him not to proceed with the decision of the suit as be, the defendant, intended to apply to the District Judge for a transfer of the case. This application apparently was not granted, but the defendant went to the Court of the District Judge the same day and filed an application for transfer on the ground that a suit, relating to the same property instituted by a third party, namely, the Arya Pratinidhi Sabha was pending in the Subo...
Gulabi and ors. Vs. Mithan Lal and ors.
Court: Allahabad
Decided on: Mar-01-1920
Reported in: AIR1920All232(1); 58Ind.Cas.661
P.C. Banerji, J.1. This is an application for revision of an order of the lower Appellate Court directing the memorandum of appeal to that Court to be returned to the appellant for presentation in the proper Court. The suit was instituted in the Revenue Court for resumption of certain land which was alleged to be the rant free holding of the defendants held by them for performance of pertain services. Some of the defendants in their written statement alleged that they were tenants with rights of occupancy but they added that the suit was not cognizable by the Revenue Court. The Court of first instance went into the merits an 'I decided against the defendants The litter preferred an appeal against the decision of that Court to the District Judge and they did so on the ground that a question of jurisdiction had been raised and decided and that, consequently, an appeal lay to the District Judge under Section 177(f) of the Tenancy Act. By reason of certain rulings in which there were confl...
Hashmat Ali Vs. Mohan and ors.
Court: Allahabad
Decided on: Mar-01-1920
Reported in: AIR1920All181; 55Ind.Cas.871
P.C. Banerji, J.1. This is an application for revision of a non appealable order on the ground that the Court below has wrongly decided the question of limitation raised in the suit. The application is one under Section 115 of the Code of Civil Procedure. A preliminary objection has been taken to the hearing of the application on the ground that it is not maintainable under the provisions of that section. This objection is, in my opinion, well founded. There was no question of jurisdiction in the case and the only question is whether the Court below in the exercise of its jurisdiction has committed a mistake of law. It was held by their Lordships of the Privy Council in the case of Balakrishna Udayar v. Vasudeva Ayyar 40 Ind. Cas. 650 : 40 M. 793 : 15 A.L.J. 645 : 2 P.L.W. 101 : 33 M.L.J. 69 : 26 C.L.J. 143 : 19 Bom. L.R. 715 : (1917) M.W.N. 628 : 6 L.W. 501 : 22 C.W.N. 50 : 11 Bur. L.T. 48 : 44 I.A. 261 (P.C.) that 'the section applies to jurisdiction alone, the irregular exercise or ...
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