Allahabad Court May 1921 Judgments
Tansukh Rai and anr. Vs. Sri Gopal
Court: Allahabad
Decided on: May-20-1921
Reported in: AIR1921All131; (1921)ILR43All677
Walsh, J.1. This is an Execution First Appeal raising a question which is by no means infrequent and which is constantly accompanied with difficulties of solution. The learned Judge from whose order the appeal is brought rightly says that it is not free from difficulty. He evidently felt doubts himself. The only criticism which one can pass upon his judgment is that lie relied upon somewhat antiquated reports, in the face of some recent decisions by Benches of this Court. The question is whether a mortgagee who has obtained a simple money decree, has obtained such decree in satisfaction of a claim arising under his mortgage within the meaning of Order XXXIV, Rule 14, of the Code of Civil Procedure, so as to present him from bringing the mortgaged property to sale in execution of his decree. The lower court has decided the question against the mortgagee, who appeals. It seems superfluous in these days to point out once more that this provision in the first schedule to the Code supplemen...
Tag this Judgment!Abdul Wahid Vs. Mairaj Fatima and anr.
Court: Allahabad
Decided on: May-20-1921
Reported in: (1921)ILR43All673
Lindsay and Kanhaiya Lal, JJ.1. The facts of this case are as follows. One Musammat Aisha died on the 26th of January, 1907, leaving certain zamindari property.2. This lady had a husband and three brothers, and on her death the property she left was recorded in specified shares in the names of these persons. The husband took three sihams and the brothers one siham each.3. One of the brothers was Abdul Hakim, who disappeared in the year 1905 and who was still missing at the time of his sister's death. Another brother is the plaintiff in the present suit, i.e., Hafiz Abdul Wahid.4. It is admitted that nothing has been heard of Abdul Hakim since this disappearance in 1905. The defendants in the suit are his daughter and wife. In 1916 the defendants applied to the Revenue Courts asking for mutation in their favour, on the ground that owing to the lapse of more than seven years from the date of Abdul Hakim's disappearance there was a legal presumption that he was dead.5. The wife and daught...
Tag this Judgment!Musammat Mairaj Fatima and anr. Vs. Hafiz Abdul Waheed
Court: Allahabad
Decided on: May-20-1921
Reported in: AIR1921All175; 63Ind.Cas.286
1. The facts of this case are as follows. One Musammat Aisba died on the 26th January 1907 leaving certain Zamindari property.2. This lady had a husband and three brothers, and on her death the property she left was recorded in specified shares in the names of these persons, The husband took three siham and the brothers one siham each.3. One of the brothers was Abdul Hakim, who disappeared in the year 1805 and who was still missing at the time of his sister's death. Another brother is the plaintiff in the present suit, i.e., Hafiz Abdul Waheed.4. It is admitted that nothing has been heard of Abdul Hakim singe his disappearance in 1905. The defendants in the suit are his daughter and wife. In 1906 the defendants applied to the Revenue Courts, asking for mutation in their favour on the ground that owing to the lapse of more than seven years from the date of Abdul Hakim's disappearance there was a legal presumption that he was dead.5. The wife and daughter, in spite of the opposition of A...
Tag this Judgment!Choube Tansuhk Rai and anr. Vs. Sri Gopal
Court: Allahabad
Decided on: May-20-1921
Reported in: 63Ind.Cas.445
Walsh, J.1. This is an execution first appeal, raising a question which is by no means infrequent and which is constantly accompanied with difficulties of solution. The learned Judge, from whose order the appeal is brought, rightly says that it is not free from difficulty. He evidently felt doubts himself. The only criticism which one can pass upon his judgment is that he relied upon somewhat antiquated reports in the face of some resent decisions by Benches of this Court. The question is whether a mortgagee who has obtained a simple money-decree, has obtained a such decree in satisfaction of a claim arising under his mortgage-within the meaning of Order XXXIV, Rule 14, Civil Procedure Code, so as to deprive him from bringing the mortgaged property to sale in execution of his decree. The lower Court has decided the question against the mortgagee, who appeals. It seems superfluous in these days to point out once more that this provision in the First Schedule to the Code supplements old ...
Tag this Judgment!Shiam Sunder Vs. Emperor
Court: Allahabad
Decided on: May-20-1921
Reported in: AIR1921All234; 63Ind.Cas.827
Stuart, J.1. This is rather a peculiar case. Shiam Sander, the appellant, is on his own showing an habitual and dangerous criminal. He was a member of one or more gangs of dacoits whose depredations were of an extensive character. After the commission of certain dacoities Shiam Sunder was captured. He at once made a full statement implicating himself and a large number of other people and took the Police Officers to a place where he and a carbine and ammunition concealed. These he handed over to the Police Officers, He adhered to his story and was eventually made an approver and granted a pardon under Section 337 of the Criminal Procedure Code. In a subsequent case he deposed against his fellow criminals, many of whom were convicted, and at the close of the case, he was released, having fulfilled the conditions of his pardon. After he was released the Police rearrested him and charged him in respect of possession of the carbine and ammunition, which he had handed up after his capture. ...
Tag this Judgment!Bindraban and ors. Vs. Emperor
Court: Allahabad
Decided on: May-20-1921
Reported in: 63Ind.Cas.829
Stuart, J.1. The learned Sessions Judge has not made the facts very clear in his Order of Reference. On the evidence there are two parties in the village, one the party of Kunwar Singh and Mahtab Singh and the other the party of the applicants accused. I consider that the evidence on the record is amply sufficient to establish that these two parties, who are on the very worst of terms and have fought with each other on several occasions, are likely to fight with each other again. I do not agree with the learned Sessions Judge that there is no evidence to show that the dispute will end in a breach of the peace, I think there is every reason to suppose that the dispute may possibly end in a very serious riot, But the Magistrate's order is open to objection on grounds which have, not been taken by the Sessions Judge, As far as I can see the party of Kunwar Singh and Mahtab Singh is as dangerous as the party of the accused, I fail to see what advantage will be gained by binding over the pa...
Tag this Judgment!Nathi and anr. Vs. Tursi and anr.
Court: Allahabad
Decided on: May-18-1921
Reported in: AIR1921All192(1); (1921)ILR43All671
Walsh and Wallach, JJ.1. On this point the law is settled in this Court and ought not to be disturbed. Independently of any decided cases the law seems as clear as it can be. The terms of the bond may be compendiously stated as providing that if the borrower makes default in the payment of any instalment of interest, the lender can sue for the whole amount, although a fixed period is provided for repayment if the borrower repays regularly according to the terms of the bond. It is impassible to hold, whether you call it an option or not, that a creditor has a right to sue and yet that the money is not due. It is merely a question of contract. The borrower has agreed that the creditor shall have the right to sue for the whole of the principal and interest 'become due.' Turning to Article 132 of the Limitation Act, which is the only provision which applies, it is provided that the statute shall run from the date when 'the money becomes due.' The statute, therefore, must run from the date ...
Tag this Judgment!Bindeshri Pershad and anr. Vs. B. Afzal Khan and ors.
Court: Allahabad
Decided on: May-18-1921
Reported in: AIR1921All242; 63Ind.Cas.344
1. This and the connected Appeal No. 233 of 1919 are appeals by the plaintiffs in a suit brought for recovery of possession of certain properties. Preliminary objections are taken to the hearing of both these appeals by the learned Vakil for the respondents. As regards Second Appeal No. 233 of 1919, the plea is that at the time when the appeal was filed, a copy of the first Court's judgment did not accompany the memorandum of appeal and no application was ever made to get the time extended, with the result that no proper appeal was ever filed at all. As to Second Appeal No. 232 of 1919 it is urged that after the dismissal of the other appeal it will he barred by the principle of ret res judicuta. We agree that having regard to the amendments of Order XLI, Rule 1 and Order XLII, Rule 1 of the Civil Procedure Code, which this Court has made in exercise of the powers given to it under Section 122 of the Code, a memorandum of second appeal without a copy of the first Court's judgment is an...
Tag this Judgment!Nathi and anr. Vs. Trusi and anr.
Court: Allahabad
Decided on: May-18-1921
Reported in: 63Ind.Cas.886
1. We have come to the conclusion that we might not to admit this appect on the point of law upon which it is sought to argue it. In our view the law is settled in this Court and ought not to be disturbed, Independently of any decided cases, the law is as clear and simple as it can be. The terms of the bond may be compendiously stated as providing that if the borrower makes default in the payment of any instalment of interest the lender can sue for the whole amount, although a period is provided for re-payment if the borrower re pays regnlaily according to the terms of the bond. In our view it is impossible to hold, whether you call it an option or not, that a creditor lira a right to sue, and yet that the money is not due. It is merely c question of contract. The borrower has agreed that the creditor shall have the right to sue for the whole of the principal and interest 'become due.' Turning to Article 132 of the Limitation Act which is the only provision which applies, it is provide...
Tag this Judgment!B. Saudagar Singh and anr. Vs. Ganga Singh and ors.
Court: Allahabad
Decided on: May-17-1921
Reported in: AIR1921All110; 63Ind.Cas.274
1. We have some to the conclusion that this order is wrong and that the appeal must be disposed of by the Court below on the merits, The suit is a comparatively simple one, although the allegations are somewhat alarming and must be seriously dealt with as a question of fact. The plaintiffs claim to be the usufructuary mortgagees of the property in suit. They allege that they became the usufructuary mortgagees by virtue of a mortgage made in the year 1915 in their favour by a fixed rate tenant of the name of Rasha Kuer, who is now dead. She was the tenant of two of the defendants who are the Zemindars of the property. Apparently nobody has been appointed her legal personal representative and nobody has some forward to claim in her right the possession of the outstanding interest in the tenancy. Possession, of course, remained with the plaintiffs, inasmuch as the mortgage was a usufructuary one. In our view, according to the settled principles of Contract Law which must govern tenancy qu...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- Next ›
- Last »