Allahabad Court April 1920 Judgments
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Jwala Prasad Vs. Musammat Sukhdei and anr.
Court: Allahabad
Decided on: Apr-23-1920
Reported in: AIR1920All67; 57Ind.Cas.59
1. The suit in this case embraces several reliefs claimed against various defendants with all of which we are not concerned in this appeal. The present appeal relates to three items which the plaintiffs claimed as heirs of one Bindraban. The plaint in the case is very inartistically drawn and it is not very easy to gather from it what was really claimed and what were the real grounds of the plaintiffs' suit.2. Bindraban had three brothers, Munna Lal, Laljimal, and Shib Charan. Laljimal died first in 1877 leaving a widow Musammat Genda, who died in 1913. Shib Charan died next in 1889. After him died Bindraban in 190 , and last of all Munna Lal died in 1914. The plaintiffs are Musammat Sukhdei, the widow of Bindraban, and Narain Das his daughter's son. He made a Will in their favour and by virtue of that Will they are putting forward their claim. It appears that in 1884 a partition was effected of the family property under which a fourth share was taken by Bindraban, another fourth by Mu...
Algoo Lal Vs. Emperor
Court: Allahabad
Decided on: Apr-23-1920
Reported in: AIR1920All196; 57Ind.Cas.96
Piggott, J.1. This is a petition in revision from an appellate order of the Sessions Judge of Gorakhpur. The learned Sessions Judge has gone into the facts of the somewhat trumpery case with all his usual thoroughness and it would seem that he took the trouble to summon to his own Court and himself examine two or three of the most important witnesses in the case. The change against the appellant, Algoo Lal, is that he abetted one Musammat Janakbarta in making a report at a Police Station which contains statements of fact known to be untrue both by Musammat Janakbarta and Algoo Lal himself, with intent that injury should be caused to some third person. The conclusion I have come to is that the learned Sessions Judge is very probably right in the conclusion he has come to as to the facts. But that there is an absence, not merely of direct but of. circumstantial evidence, such as fairly to warrant an inference unfavourable to the accused person as to the motive which the prosecution sugge...
Lachmi NaraIn Vs. Muhammad Yusuf and ors.
Court: Allahabad
Decided on: Apr-21-1920
Reported in: AIR1920All284; (1920)ILR42All540
Walsh, J.1. This is an application in form to bring on the record the names of two persons, Gomti Prasad and Kaule-shar Prasad, collateral relatives of the deceased appellant, Lachmi Narain. Lachmi Narain died on the 2nd of July, 1919, and the time for substitution of names, namely, six months, therefore, expired on the 2nd of January, 1920. An application was made to this Court ex parte on the 5th of February, a month and three days beyond time. The learned Judge, who happened to be myself, issued notice to the other side to show cause why in spite of the expiration of time leave should not be given. Mr. M- L. Agarwala, for the plaintiff, appears to show cause, and he has raised certain objections with which it is necessary for me to deal. In the first place he says that there is no order of abatement; and that the application is one to bring certain names on the record and not to set aside any order of abatement. I agree that that is an accurate description of the technical position;...
Musammat Mathura Kuar Vs. Lal Singh and ors.
Court: Allahabad
Decided on: Apr-20-1920
Reported in: AIR1920All145; 57Ind.Cas.67
ORDER1. There is a deficiency of Rs. 128 12 0 due from the appellant on account of the Court-fees of the lower Appellate Court. We think that the decision of the Taxing Officer is a correct decision and this deficiency must be made good before the appeal is heard. We allow the appellant three week a within which to make good this deficiency. When the payment is made, the appeal may be put up for hearing....
Sukhamal Bansidhar Vs. Babu Lal Kedia and Co.
Court: Allahabad
Decided on: Apr-19-1920
Reported in: AIR1920All258; (1920)ILR42All525
Piggott and Walsh, JJ.1. These four revisions arise out of four orders of the District Judge of Cawnpore, dated each of them the 11th of September, 1919, directing (inter alia) four awards to be filed. The awards had been made by a sole arbitrator who had been appointed by one of the disputing parties only, to decide disputes which had arisen between two firms, one the present applicants, Sukhamal Bansidhar, who are traders in cloth in Cawnpore, and the other Babu Lal Kedia & Co. who are importers in Delhi, apparently with a branch office also in Cawnpore, with reference to four contracts or indents numbered respectively 415, 416, 417 and 418, relating to the sale of cloth goods. The sellers, namely, Babu Lal Kedia are members of an Association in Delhi known as the Delhi Piece Goods Association, which, following the example of commercial firms in England, and other places, endeavors, as far as possible, to remove from the ordinary law courts disputes which arise upon purely trade ques...
Sayed Daood Ali Shah, Minor Through S. Wazir Ali Shah and ors. Vs. Say ...
Court: Allahabad
Decided on: Apr-19-1920
Reported in: AIR1920All56; 58Ind.Cas.711
1. This is decree holders' appeal arising out of an application for exaction of a decree for mesne profits. It appears that on the death of one Mir Khan, who owned some immoveable property, one of his legal heirs, Musammat Bibi Jan, brought a suit for the recovery of possession of her legal share against her co-heirs and obtained a degree. She had also claimed mesne profits, but the determination of the amount of mesne profits was reserved for the execution department. On the 28th of August, 1905 a decree for mesne profits was passed in her favour. In the meantime, it appears that one Ganga Prasad, who was a mortgagee of a 5-biswa share in village Tatarpur from Mir Khan, had brought a suit for sale on foot of his mortgage-deed against all the beirs of Mir Khan including the present plaintiff and had obtained a decree for sale. After Bibi Jan had obtained her decree for possession, the share in village Tatarpur was sold by Ganga Prasad on account of his decree and purchased by Hayat Ali...
Firm Sukhamal Bansidhar Vs. Babu Lal Kedia and Co.
Court: Allahabad
Decided on: Apr-19-1920
Reported in: 59Ind.Cas.75
Walsh, J.1. These four revisions arise out of four orders of the District Judge of Cawnpur dated, each of them, the 11th September 1919 directing (inter alia) four awards to be filed. The awards had been made by a sole arbitrator who had been appointed by one of the disputing parties only, to decide disputes which had arisen between two firms, one the present applicants, Sukhmal Bansidhar, who are traders in cloth in Cawnpur, and the other, Babu Lal Kedia and Co., who are importers in Delhi, apparently with a branch office also in Cawnpur, with reference to four contracts or indents numbered respectively 415, 416, 417 and 418 relating to the sale of cloth goods. The sellers, namely, Babu Lal Kedia are members of an Association in Delhi known as the Delhi Piece Goods Association which, following the example of commercial firms in England and other places, endeavors, as far as possible, to remove from the ordinary law Courts disputes which arise upon purely trade questions and to have th...
Emperor Vs. Mohan Singh
Court: Allahabad
Decided on: Apr-17-1920
Reported in: (1920)ILR42All522
Walsh, J.1. The learned Judge in this case had the acquiescence of all three, assessors, and one cannot help feeling that probably in recording a conviction he was not far wrong in the sense that by a sort of rough justice he has arrived at a rights determination. But nothing is more dangerous in criminal law than the system of convicting a person on some vague general notion when the real charge has not been established. In this case I have grave doubt whether the form of the charge in which it was sent to Sessions was one which the learned Sessions Judge ever ought to have entertained. Undoubtedly Section 222 (2) of the Code of Criminal Procedure enables a man to be charged for criminal breach of trust in respect of a gross sum received by him between certain dates without specifying any particular item or any particular date in respects of the constituent parts of the gross sum, but I think that that is meant for a case where he is charged with embezzling the gross sum. The authorit...
Mahabir Pande and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-17-1920
Reported in: AIR1920All206(1); 57Ind.Cas.456
George Knox, J.1. This case has been referred by the Sessions Judge of Azamgarh. In his judgment the learned Judge says that Mahabir, Mannu Pande, Kishore Misir, Gherao Khan, Sirajul Haq and Din Muhammad executed personal bonds on three different dates in the month of November 1919 for appearance in the Court of Syed Muhammad Idris (who was then on tour) on the dates on which the case might be heard or for appearance before the Court of Session if the case necessitated a commitment to that Court, and in case of default undertook to pay Rs 50 each. On the 30th November 1919 Syed Muhammad Idris ordered the applicants to appear before Thakur Balbhaddar Singh, Magistrate, in Azamgarh on the 3rd December 1919, as the evidence of the Civil Surgeon was to be recorded on that date before him in Azamgarh, but one of the accused Muhib Ali only appeared before Thakar Balbhaddar Singh and the remaining accused, who are applicants before me, did not do so. Upon this after inquiry Syed Muhammad Idri...
Mohan Singh Vs. Emperor
Court: Allahabad
Decided on: Apr-17-1920
Reported in: AIR1920All274; 59Ind.Cas.372
Walsh, J.1. The learned Judge in this case had the acquiescence of all three assessors and one cannot help feeling that, probably, in recording a conviction, he was not far wrong in the sense that by a sort of rough justice he has arrived at a right determination. Bat nothing is more dangerous in criminal law than the system of convicting a person on some vague general notion when the real charge has not been established. In this case I have grave doubts whether the form of the charge in which it was sent to Sessions was one which the learned Sessions Judge ever ought to have entertained. Undoubtedly, Section 222(2) of the Code of Criminal Procedure enables a man to be charged for criminal breach of trust in respect of a gross sum received by him between certain dates without specifying any particular item of any particular date in respect of the constituent parts of the gross Sum, but I think that that is meant for a case where he is charged with embezzling the gross sum. The authorit...
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