Allahabad Court January 1923 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Jodha Singh Vs. Emperor
Court: Allahabad
Decided on: Jan-19-1923
Reported in: AIR1923All285; 81Ind.Cas.80
Walsh, J.1. This is an appeal from a conviction of one Jodha Singh under the sections of the Indian Penal Code for abetting an abduction, selling for prostitution and cheating. As regards the main delinquents it is a bad case, and the Judge evidently took a grave view of it and sentenced them and the present appellant to five years' rigorous imprisonment each. The Judge has written a very clear and admirable judgment and an accurate judgment in fact reviewing the whole circumslfences. The defect of it, if it has one, is just in regard to the decision against this appellant, because he differs from the Assessors, but fails to put at all clearly under what section he really finds the accused guilty. I think he means that the accused was a party to a previous association which of course, if it was an association for an unlawful object, would be a conspiracy to palm off this girl as Dharam. Das' cousin to Biday the actual complainant. Biday, is the real complainant because he has been the ...
Umrao Khan and anr. Vs. Emperor
Court: Allahabad
Decided on: Jan-19-1923
Reported in: 71Ind.Cas.600
Ryves, J.1. It appears that a riot of some sort occurred on the 29th of March, 1922. After protracted Police enquiries a number of persons were put on their trial, but the learned Magistrate, eventually, by an order dated 12th October 1922, discharged all the accused. He has written a very full judgment and has given reasons Showing that every one of the prosecution witnesses so far contradicted himself and the other evidence in the case in cross-examination that it would be quite unsafe to rely on the prosecution evidence. The learned District Magistrate, by an order of the 15th of November 1922, set aside the order of discharge and directed a re-trial. The main reason he gives is that he took a different view of the evidence from that taken by the Trial Court. It seems to me there are two objections to his order. The first is that no notice was given to the accused before action was taken under Section 437. Secondly, the mere fact that, the District Magistrate does not agree with the...
Hafiz Abdullah Vs. Alli and anr.
Court: Allahabad
Decided on: Jan-19-1923
Reported in: AIR1923All291; 71Ind.Cas.640
1. Three brothers Ghazi, Rawa and Maula Bakbsh obtained a decree in 1870, declaring their title to the house in dispute. Maula Bakhsh did not live in the house after the decree but allowed his two brothers to remain in possession. This they did until the year 1889 when they mortgaged the house to a third party and that third party remained in possession. This mortgage has now been redeemed, and upon this being done, the plaintiffs, who are the representatives of Maula Bakhsh, brought the present suit for their one-third share of the house. That they had a third share in the house is not disputed but it is urged that their right to the third share was extinguished by lapse of time, by reason of the two brothers having ousted them and been in adverse possession of the house. The mere possession of the house by the brothers or the possession of a mortgagee from them would not amount to adverse possession, unless there was what may be deemed to be an ouster of the plaintiffs or their prede...
Kundan and anr. Vs. Sobhanram and anr.
Court: Allahabad
Decided on: Jan-19-1923
Reported in: AIR1923All375; 71Ind.Cas.655
1. This is a second appeal by a plaintiff pre-emptor and it raises a very simple and definite point. Both parties in the Courts below admitted themselves to be bound by a certain custom in the matter of pre-emption which was recorded in the Wajib-ul-arz of the village. Where they differed was as to the nature of the custom evidenced by that record. The Wajib-ul-arz specifies certain classes of persons who are to have the first offer in the event of a co-sharer wishing to alienate his share. The first class is described as the qarib ekjadi of the vendors who are also co-sharers. We may translate the phrase qarib ekjaddi as a near descendant of a common ancestor with the vendor, but this is not sufficient to determine the particular point raised by the appeal. The vendor, Ghure, was the grandson of one Akhi Ram and the plaintiffs who claim pre-emption are the sons of another son of Akhi Ram, and, therefore, first cousins of the vendor. The vendee-defendant is also a descendant of the sam...
Lala Singh Vs. Basdeo and ors.
Court: Allahabad
Decided on: Jan-19-1923
Reported in: AIR1923All429; 71Ind.Cas.768
Walsh, J.1. This is a clear case. It is difficult to improve on the judgment of the Court below. It is not a question of a mortgage. It is a question of a sale. The consideration in the sale-deed is Rs. 3,000. Tie appellant wants to prove a separate oral agreement of Rs. 2,500. I do not know how anybody can persuade himself that Rs. 2,500 as the price of the property is not inconsistent with Rs. 3,000. The proviso No. (2) which is the one relied on by the appellant, of Section 92, permits the proof of a separate oral agreement on a matter on which the document is silent, and which is not inconsistent with its terms It is quite clear that the attempt to prove that a sale really took place for Rs. 2,500 when the deed says it took place for Rs. 3,000, is not within that proviso. The learned Judge in a very clear judgment has pointed out why this case comes within the principle laid down in the case of Adityam Iyer v. Ramakrishna Iyer 21 Ind. Cas. 458 : 38 M. 514 : (1913) M.W.N. 847 : 14 M...
Jokhu Gadaria and anr. Vs. Deokinandan Pandey and ors.
Court: Allahabad
Decided on: Jan-19-1923
Reported in: AIR1923All489; 77Ind.Cas.630
Ryves, J.1. This appeal arises out of a suit brought by the plaintiffs-appellants for the recovery of the possession of an occupancy holding on the allegation that their father had entrusted it to the ancestor of the defendants-respondents called Mata Badal as long ago as 1909 and that in spite of the repeated demands the defendants-respondents had failed to make over the holding to the plaintiffs. The claim was resisted on various pleas. The allegation in the plaint that the holding in question was entrusted to Mata Badal was categorically denied and it was further pleaded that the suit was not cognizable by a Civil Court and was barred by the principle of res judicata and by limitation. The plea of res judicata was urged on the ground that the parties had already litigated the question in the Revenue Court where a decision adverse to the plaintiffs was given. It appears that the plaintiffs had first gone into the Revenue Court describing the defendants as their sub-tenants and asking...
Peare Lal and anr. Vs. Ashraf Khan
Court: Allahabad
Decided on: Jan-18-1923
Reported in: AIR1923All213; 71Ind.Cas.456
Daniels, J.1. This is an application for revision of an order of the District Judge of Saharanpur dismissing an appeal from an order refusing to set aside a decree passed ex parte against the applicants, Piare Lal and Bishen Sarup, who are minors. The suit was one for redemption of a mortgage. The claim as amended was against four brothers of whom two, the present (applicants, were minors and the other two were adults. The applicants were represented in the litigation by their mother as guardian ad litem. The present application was based on an allegation inter alia that their mother was insane and, therefore, could not represent them. The learned Munsif rejected this contention. The learned District Judge held that the mother, Musammat Bhagirathi, if not actually insane, was of a childish and emotional temperament and, therefore, not a fit person to represent the minors. It is not open to me sitting as a Court of revision to go behind this finding. The learned judge held that he must ...
Sita Ram Vs. Har Sahai
Court: Allahabad
Decided on: Jan-18-1923
Reported in: AIR1923All438; 71Ind.Cas.619
Gokul Prasad, J.1. This is a defendant's appeal arising out of a suit for an injunction restraining the defendant from demolishing a certain house and removing its materials and for Rs. 385 as damages due to the demolition of a part of the house and the removal of the materials thereof by the defendant. The plaintiff's case was that the parties were members of a joint Hindu family owning a certain number of villages and other properties, that in the year 1920 an application for partition of the Zemindary was made in the Revenue Court. That pending this application there was a private settlement by mutual consent and the village Chatkapur in which the property in dispute is situate came to the plaintiff with shares in certain other villages and the remaining properties were allotted to the defendant, that the compromise was brought to the notice of the Revenue Court by an application dated the 16th of April 1920 and by an order dated the 30th of April 1920 the Collector confirmed the pa...
S. Mohammad Ahmad and ors. Vs. Babu and ors.
Court: Allahabad
Decided on: Jan-18-1923
Reported in: AIR1923All442; 71Ind.Cas.762
Deniels, J.1. This is a second appeal in a case which has prima facie been decided by the Courts below on grounds of facts. The plaintiffs are certain persons known as Thanimalis who act as officiating priests of a temple of Sitlaji. The defendants are Zemindars of the village. The temple is admittedly a very old one. It is said that, according to the Gazetteer, it is some 400 years old. The temple is held under a rent-free grant from the Muhammadan Kings. The allegations in the plaint were that there was an area of 15 bighas 15 biswas appurtenant to the temple of which the plaintiffs; have all along been, in adverse proprietary possession and with, which the Zemindars have no right of interference. The defendants have erected a small platform or chabutra on a portion of this area. The plaintiffs asked that the defendants be ordered to demolish this platform; that the plaintiffs be put in possession of its site and that the plaintiffs be granted a perpetual injunction forbidding the de...
Fatteh DIn Vs. Umrao and ors.
Court: Allahabad
Decided on: Jan-16-1923
Reported in: AIR1923All440; 82Ind.Cas.592
Daniels, J.1. This appeal arises out of a suit by the plaintiff, for a declaration that he was the son of one Shera and for possession of his legal share in the property of the latter on the assumption that he was Shera's son. Both the Courts below have dismissed his suit. The finding of the lower Appellate Court is that the plaintiff was born 331 days or eleven full months after his alleged father's death and that his mother has been living for the last few years in illicit connection with one Imam-ud-Din. The appellant relies on the rule of Muhammadan Law that a child born within two years of the conclusion of a valid marriage is presumed to be the legitimate son of his mother's husband. The commentators have all expressed doubts as to how far this is a substantive rule of law binding on the Courts in this country and how far it is to be considered as replaced by the provisions of Section 112 of the Evidence Act. If this were the sole question in the appeal I should have been dispose...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- Next ›
- Last »