Allahabad Court July 1921 Judgments
Jhamman Singh and ors. Vs. Bhup Singh
Court: Allahabad
Decided on: Jul-02-1921
Reported in: (1922)ILR44All95
Tudball and Sulaiman, JJ.1. This appeal is connected with F.A. 124 of 1919, as the mortgage which is the subject matter of this suit is also the subject matter of the other suit. The facts may be briefly stated:2. One Bhagirath Singh died in. the year 1880 leaving a widow Musammat Pran Kunwar. He had property, a 5 biswa share in mauza Mahmudpur Jamalpur, mahal Bhagirath Singh, and a 3 biswa 2 biswansi odd share in mahal Ghair Khastgaran of the same village. The present revenues of these two properties are Rs. 530-7-0 and Rs. 593-7-0, What the revenues were in the year 1880 is not stated. The widow Pran Kunwar remained in possession of the estate until the year 1886, when she died. She was succeeded by her daughter Musammat Durga Kunwar, who was the wife of one Balwant Singh and the mother of the defendant appellant before us, Bhup Singh. Musammat Durga Kunwar had two sons and two daughters. The elder son Ram Singh died in January, 1917. The present suit was instituted on the 19th day o...
Tag this Judgment!Bhadool Pandey and ors. Vs. Manni Pandey and ors.
Court: Allahabad
Decided on: Jul-02-1921
Reported in: 63Ind.Cas.318
Tudball, J.1. This is a reference made by the Taxing Officer to me as Taxing Judge under Section 5 of the Court Fees Act, The matter is one of some importance, in that it affects a practice of this Court which has been regularly observed for many years.2. A second appeal was filed in this Court, which under the rules in force was triable by a Single Judge of the Court. The defendants were the appellants and the appeal was dismissed by Mr. Justice Rafique sitting alone. Under Section 10 of the Letters Patent an appeal has now been filed against the judgment of the Single Judge, and the question is whether or not this petition of appeal must bear a Court-fee stamp upon it. In the past Court-fees have regularly been levied on such appeals from judgments of Single Judges of this Court, Chapter II of the Court Fees Act is that portion of the Act which relates to fees in High Courts and in Courts of Small Causes at the Presidency Towns. Section 4 is the only section which lays down in what c...
Tag this Judgment!Emperor Vs. Kallu
Court: Allahabad
Decided on: Jul-02-1921
Reported in: 64Ind.Cas.133
Tudball, J.1. In this case the appellant has been convicted of an offence Under Section 325 of the Indian Penal Code and has been sentenced to 1 1/2 years' rigorous imprisonment. He has appealed. I have examined the evidence. The facts which are established by it are as follows :--The deceased Sukha was a relation of the appellant. The accused was assisting one Bhika Kachchi to protect his crops, which had been cut on several occasions by thieves. On the night in question, Bhika and Kallu went to the field and saw in the darkness a man cutting the crop. The thief on seeing them arose and the accused, who was armed with a lathi at once struck him a blow on the head felling him to the ground. The two men raised an alarm. On looking closely at the thief they found it was Sukha, their own relative. The man, who had received a nasty blow on the head, was insensible. Other persons hearing the alarm shouted out and wanted to know what was wrong and the two men, in order to hide the result of ...
Tag this Judgment!Chahal and ors. Vs. Dwarka and ors.
Court: Allahabad
Decided on: Jul-01-1921
Reported in: 64Ind.Cas.484
1. This is an appeal from the decision of the lower Appellate Court in a pre-emption suit. The Court of first instance dismissed the suit, on the ground that the evidence before it was insufficient to establish the custom on which the plaintiff based his title. The lower Appellate Court held that the evidence before it was sufficient and decreed the claim. Its judgment practically gives DO reason whatsoever except that it mentions three reported decisions. It runs as follows:The learned Subordinate Judge has held it: to be a record of contrast, but I differ from him and hold that the entry in respect of pre-emption recorded a custom having regard to the following rulings.' The judgment is highly unsatisfactory. The case comes from the District of Saharanpur. The point taken before us on behalf of the defendants is that the evidence on the record is absolutely insufficient to establish the custom alleged by the plaintiff. In the present case the plaintiff produced nothing but an extract...
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