Allahabad Court May 1922 Judgments
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Bindeshri Prasad and ors. Vs. Jag Prasad Rai and ors.
Court: Allahabad
Decided on: May-04-1922
Reported in: AIR1922All335; 69Ind.Cas.758
1. The only question to be considered in this appeal is whether the rate of interest allowed by the lower Appellate Court is reasonable or not. The Suit was a suit to enforce a mortgage executed in the month of November 1907. The rate of interest provided by the bond was 12 1/2 per cent, per annum compoundable yearly. The Court of first instance held that it was for the plaintiffs to show that there was a legal necessity for the taking of the money at such a high rate of interest and having regard to the value of the security and to certain other circumstances the learned Subordinate Judge reduced the rate to 12 1/2 per sent, simple. On appeal the learned Additional Judge after referring to the cases reported as Bhukhi Sahu v. Kodai Panday 50 Ind. Cas. 814 : 17 A.L.J. 580 and Ram Khelawan v. Ram Nares Singh 51 Ind. Cas. 52 : 17 A.L.J. 738 : 1 U.P.L.R, (A.) 97 : 41 A. 609 held that in the circumstances a rate of 18 per sent, per annum simple would be a reasonable rate and he altered the...
Sharif HusaIn Vs. Haidar HusaIn and ors.
Court: Allahabad
Decided on: May-04-1922
Reported in: 67Ind.Cas.320
1. No appeal lay under the Code or under any other law that we are aware of from the order of the First Court refusing to re-admit and reconsider an application for the setting aside of an ex parts decree and restoration of the suit in which the said decree had been passed, which application the Court of first instance had dismissed for default. The order of the Appellate. Court on this point is without jurisdiction. We allow the application accordingly and set aside, the order complained of The applicant is, in our opinion, entitled to his coats although the opposite party have, seen fit to enter no appearance, We allow him his costs including the fees certified by him....
Shambhu Vs. Kanhaya
Court: Allahabad
Decided on: May-04-1922
Reported in: AIR1922All332; 75Ind.Cas.457
1. The point that arises in this appeal is fully covered by authority. The suit was brought by a mortgagee on the foot of a mortgage to recover the loan. It was instituted against the mortgagor who executed the mortgage and his minor son. After attempts had been made by the plaintiff to get various persons appointed guardian ad litem to the minor, the Nazir of the Court was ultimately appointed. The suit was heard, evidence was given and it was ultimately decreed in favour of the plaintiff against both the father and the son. Thereafter an appeal was presented to the District Judge by one Bhagwanji on behalf of the minor. He was not the guardian ad litem and had never applied to be made guardian. On the appeal coming before him, the learned District Judge refused to hear it on the ground that there was no valid appeal before him. He held that the Nazir having been appointed guardian ad litem his authority must be held to continue as long as the lis continued and that until he had been ...
Sheo Balak and anr. Vs. Gaya Prasad and ors.
Court: Allahabad
Decided on: May-04-1922
Reported in: 77Ind.Cas.52
1. The only question raised in this appeal is as to the admissibility in evidence of the register of births and deaths kept by a village chaukidar.The lower Appellate Court has come to the conclusion that it has not been shown that the entry had been made by the chaukidar himself, and the chaukidar being dead, the entry could not be admitted in evidence under Section 35 of Indian Evidence Act. In support of this view the learned Judge has cited the case of Sanipat v. Garni Shankar 19 Ind. Cas. 713 : 14 O.C. 68. That case has not only been consistently followed in that Court but has also met with the approval of this Court in the case of Jiwan Bakhsh v. Khan Bahadur Khan 19 Ind. Cas. 528. We are bound to follow this last-mentioned case and no argument has been advanced before us to make us some to a different conclusion. We, therefore, think that the, decree of the Court below was correct. This appeal is dismissed with costs....
Musammat Fatima Vs. Mohammad Mashuq Ali and anr.
Court: Allahabad
Decided on: May-04-1922
Reported in: 68Ind.Cas.245
1. Although we do not agree with the reasons given by both the Courts below in support of their judgments, we are nevertheless of opinion that the decree in favour of the plaintiff is substantially correct. The plaintiff is Receiver in insolvency of one Abdur Rauf, who was declared insolvent on the 13th July, 1915. More than two years after the adjudication order a titter of the insolvent, Musammat Musharraf un nissa, died and Abdur Rauf, as one of her, legal heirs, became entitled to a two-ninths share of her estate.2. It appears that, after the death of Musharraf-un-nissa, the appellant before us managed in same way or other to have a mutation order made in her favour. It seems that she put forward a Will which she sad had been executed in her favour by Mushar-raf-un-nissa who was her aunt.3. The Receiver brought this suit asking for a declaration that a two-ninths share of the estate of Musbatraf-un-nissa became the property of the insolvent Abdur Reuf, on the lady's death and that ...
Chatarpal Sharma Vs. Jagannath Das
Court: Allahabad
Decided on: May-03-1922
Reported in: (1922)ILR44All608
Grimwood Mears, C.J. and Pramada Charan Banerji, J.1. On the 19th of February, 1918, the plaintiff Chatarpal Sharma, a tradesman in Muttra, brought a suit against Lala Jagannath Das, also a tradesman, and also in Muttra. The plaintiff set out that for more than twenty years he had been selling medicine under the name of Sukh Sancharak Co., and that he had put upon the market a medicine by the name of 'Sudha Sindhu,' that the medicine had borne that name for more than twenty years, and that for more than eight years the medicine had been sold in an uniform get-up, that is to say, the bottle had always been the same size, there had been the same inner label on the phial, there had been the same external label, being the outer wrapper on the packet. Enclosed in the packet were directions and 'puff' advertisements and description of diseases. He also said that in the year 1908 he had registered the labels as his trade mark. He further said in his plaint that he had what he described as 'Ag...
Nizam-ud-dIn Khan Vs. Muhammad Zia-ul-nabi Khan
Court: Allahabad
Decided on: May-03-1922
Reported in: (1922)ILR44All614
Lindsay, J.1. These two applications in revision arise out of certain proceedings which were taken in the court of an Assistant Magistrate of the Agra district under Section 107 of the Code of Criminal Procedure. It was apparently reported to the Magistrate that two persons, namely, Nizam-ud-din Khan and Muhammad Zia-ul-Nabi Khan were on very bad terms and were likely to commit a breach of the peace. The report was made to the Magistrate with a view to both parties being bound over to keep the peace. The parties, it appears, are relations.2. Separate proceedings were instituted against each of the parties, and in the result the Assistant Magistrate bound over both parties for a period of one year.3. Zia-ul-Nabi Khan made an application to the Officiating District Magistrate of Agra under Section 125 of the Criminal Procedure Code and that officer passed an order cancelling the order of the Assistant Magistrate by which Zia-ul-Nabi Khan was bound over to keep the peace.4. The case of Ni...
Emperor Vs. Uma Dutt Miser
Court: Allahabad
Decided on: May-03-1922
Reported in: (1922)ILR44All657
Lindsay, J.1. The argument put forward in support of this application has the merit of ingenuity but I do not think it ought to be allowed to prevail.2. The proceedings which are attacked were proceedings under Section 514 of the Code of Criminal Procedure. The applicant, Uma Dutt Misir, was, by an order passed on the 14th of March, 1921 bound over to keep the peace for a period of one year. In or about the month of July, certain facts transpired which led to its being believed that Uma Dutt had been guilty of a breach of the conditions of the bond, and as a result of this information, proceedings were initiated against him under Section 514. There can be no doubt that these proceedings were taken within the period provided by the bond. For one reason or another it became necessary to transfer the proceedings under Section 514 from the court in which they were taken. It was held by this Court that those proceedings could only properly be taken in the court of the District Magistrate of...
Brikant Pande Vs. Pandit Jamna Dhar Dube
Court: Allahabad
Decided on: May-03-1922
Reported in: AIR1922All409; 70Ind.Cas.582
Lindsay, J.1. This is a plaintiff's appeal. The suit was decreed in the Court of first instance but on appeal by the defendant the lower Appellate Court has dismissed the suit on the ground of limitation. In my opinion the judgment of the lower Appellate Court is wrong and must be reversed. The facts are very simple. The plaintiff executed a sale-deed in favour of the defendant in the year 1913. One of the terms of the sale-deed was that as part of the consideration the purchaser was to pay to a man named Ram Khilawan a sum of Rs. 285. Ram Khilawan was a creditor of the plaintiff-vendor.2. The defendant failed to pay this sum and the result was that Ram Khilawan brought a suit against his debtor, the plaintiff in the present case, and obtained a decree against him which the plaintiff was obliged to satisfy.3. It appears that by reason of the failure of the defendant to pay off Ram Khilawan, as he was bound to do under the terms of the sale-deed of 1913, the debt in Ram Khilawan's favou...
NizamuddIn Khan Vs. Muhammad Zia-ul-nabi Khan
Court: Allahabad
Decided on: May-03-1922
Reported in: AIR1922All191; 67Ind.Cas.350
Lindsay, J.1. These two applications in revision arise out of certain proceedings which were taken in the Court of an Assistant Magistrate of the Agra District under Section 107 of the Code of Criminal Procedure. It was apparently reported to the Magistrate that two persons, namely, Nizamuddin Khan and Muhammad Zia-ul-Nabi Khan were on very bad terms and were likely to commit a breath of the peace. The report was made to the Magistrate with a view to both parties being bound over to keep the peace. The parties, it appears, are relations.2. Separate proceedings were instituted against each of the parties, and in the result the Assistant Magistrate bound over both parties for a period of one year.3. Zia-ul-Nabi Khan made an application to the Officiating District Magistrate of Agra under Section 125 of the Criminal Procedure Code and that officer passed an order cancelling the order of the Assistant Magistrate by which Zia-ul Nabi Khan was bound over to keep the peace.4. The case of Niza...
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