Allahabad Court May 1920 Judgments
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Kirtarath Gir Vs. Raghunandan Ram and ors.
Court: Allahabad
Decided on: May-05-1920
Reported in: AIR1920All216; 57Ind.Cas.198
1. This is a judgment debtor's appeal. The decree-holder has sought to attach and sell certain trees standing on land. The land is part and parcel of a certain zemindari of which the judgment debtor is a permanent lessee. Objection was taken that the property could not be attached and sold in view of the terms of Section 20 of the Tenancy Act, which lays down that the interests of a thekadar are not transferable. The Count below has rejected the objection. It is pointed out that the decree-holder only seeks to attach and sell the timber of the trees which belong to the judgment-debtor.2. In our opinion the decision of the Court below is quite correct. In attaching and selling these trees it cannot be said that the interest of a lessee is being transferred or attached. It must be clearly understood, however, that no right in the land is being attached and sold and that the auction-purchaser, whosoever he may be, will have only the tight to out and remove the trees within a reasonable pe...
Surya Datt Vs. Jamna Datt
Court: Allahabad
Decided on: May-05-1920
Reported in: AIR1920All190(2); 57Ind.Cas.148
1. Briefly put the facts of this case are as follows:-- Jamna Datt respondent -judgment debtor brought a suit for partition of certain properly which included the house now in dispute. His allegation was that be and Bala Datt were jointly in possession of the property, that it was joint family property and that he, Jamna Datt, was entitled to a half share therein. The Court of first instance gave him a preliminary decree in respect to a half share in the house; in respect to the other property it dismissed the suit. Both parties appealed. Pending the appeal, a final decree for partition of the house was drawn up under which the lower storey of the house was allotted to Jamna Datt. On appeal this Court held that Jamna Datt had no title whatsoever either to the house or to the other property. Jamna Datt's appeal was dismissed. The appeal of the opposite party was allowed and the decree of the first Court set aside and the suit dismissed. The decree-holder, the son of Bala Datt, then appl...
Emperor Vs. Rajbansi and ors.
Court: Allahabad
Decided on: May-02-1920
Reported in: (1920)ILR42All646
Walsh, J.1. These proceedings must be set aside on the ground of irregularity. The charge was the usual one against several people, including the two applicants Rajbansi and Siar, under Section 110 of the Code of Criminal Procedure, the alleged ground being that they were habitual thieves and house-breakers. There has been an appeal to the District Magistrate, who points out that these two men in particular are of comparatively recent appearance in this capacity and are entitled to more lenient treatment, but the point taken before me is a good one. The two applicants were arrested on the 9th of September under Section 55. That arrest was lawful as the ground on which they were arrested was that they were ' reputed habitual thieves and house-breakers. They were then taken before the Sub-Divisional Officer who, on the 9th of September, the same date as the report made of their arrest and of the grounds on which they had been arrested, fixed the 19th of September, for the production of e...
Gandharp Singh Vs. Emperor
Court: Allahabad
Decided on: May-01-1920
Reported in: AIR1920All205(1); 57Ind.Cas.100
Grimwood Mears, C.J.1. In this case Gandharp Singh has been convicted under Section 110 of the Criminal Procedure Code on the ground that he is by habit a robber, housebreaker and thief and a desperate and dangerous character. The evidence of ten witnesses, who have no apparent reason for coming into the box to state false-hoods, is conclusive against him. He is alleged by them to have been concerned in dacoities and to be a terror to the neighbour-hood, and the Magistrate and Sessions Judge have accepted that evidence. The Magistrate, having regard to the fast that Gandharp Singh had previously in 1917 been convicted under this same Section 110, ordered him to furnish security in one personal band for Rs. 200 and two approved sureties each for Rs. 200 to be of good behavior for a period of three years. In default of finding such sureties the accused was to be rigorously imprisoned for three years, unless in the meantime the sureties were forthcoming. The only matter of importance in t...
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