Allahabad Court March 1923 Judgments
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Emperor Vs. Pancham
Court: Allahabad
Decided on: Mar-22-1923
Reported in: (1923)ILR45All474
Walsh, J.1. In my view the learned Sessions Judge has taken too technical a view of this matter which, if it is sound, is likely to defeat the ends aimed at by the section. He would have done better to examine the section rather than the cases. He has fallen into a trap in adopting the phraseology that the Magistrate should have 'called upon the complainant to show cause.' The section does not require anything of the kind, and if anybody has said that he ought to go through any special formality of that kind, I beg respectfully to differ. In these Provinces there is too much 'calling upon to show cause' about every trivial question. The section enables the Magistrate to compensate in the case of a frivolous or vexatious accusation, 'by the order of discharge'. It only requires any objection which is urged to be recorded and considered. It is clear that this section was not intended to multiply the proceedings but to be applied in a summary manner. If the complainant has no real objecti...
Emperor Vs. Sheo Charan
Court: Allahabad
Decided on: Mar-22-1923
Reported in: (1923)ILR45All485
Ryves and Daniels, JJ.1. Sheo Charan appeals from his conviction under Section 412 of the Indian Penal Code. The facts found against him are as follows:On the 14th of April, 1922, a Sub-Inspector of Police had occasion to search his house with reference to another criminal charge. His suspicions were aroused by the condition of a small platform behind an oven in the kitchen and he dug up the place. He unearthed a bundle in which were a number of ornaments, some broken up and some intact. It was subsequently ascertained that one of these articles, on which this charge is based, was stolen in a dacoity which took place at the house of Musammat Dhanpatia in the village of Marwatia, on the 30th of December, 1921. There is further evidence that this dacoity in Marwatia was committed by the same gang that committed another dacoity, at about the same time, in the village of Ganwaria, and it has been satisfactorily proved that some of the ornaments found in the same bundle were taken in that d...
Zia-ud-dIn Vs. Abdul Hasan and anr.
Court: Allahabad
Decided on: Mar-22-1923
Reported in: AIR1923All520; (1923)ILR45All487
Rafiq and Lindsay, JJ.1. It appears that Maulvi Aziz-ud-din was the proprietor of a grove situate in the city of Budaun. The maulvi died some time ago, leaving him surviving three sons and a daughter by one wife and one son by another wife. The latter was called Muhammad Abul Hasan and was in judicial service in Hyderabad. The names of the children by the first wife were Wahab-ud-din, Wahaj-ud-din, Zia-ud-din and Musammat Afzal-un-nissa. Some years ago Afzal-un-nissa sold her share to Abul Hasan. On the 2nd of November, 1920, Wahab-ud-din sold his share in the grove to Abul Hasan in lieu of Rs. 220. Zia-ud-din, the own brother of the vendor, brought the suit out of which this appeal has arisen against the vendor and the vendee to recover the share sold, on the ground of pre-emption. It was alleged in the plaint that after the death of M. Aziz-ud-din the children by the first wife gave his share to Abul Hasan, the son by the second wife, and separated from him. The plaintiff Zia-ud-din ...
Kashi Prasad Vs. Panna Lal and ors.
Court: Allahabad
Decided on: Mar-22-1923
Reported in: AIR1923All529; 74Ind.Cas.359
1. This appeal arises out of a suit brought by Panna Lal and Shiam Lal against Kashi Prasad, Manni Lal and others for money. The suit was decreed against both. The defence of Kashi Prasad was that he and Manni Lai had been partners in a Commission Agent business and that the partnership had been dissolved, when upon, according to an arbitration, Manni Lal undertook to pay off this account and gave two hundis in discharge of his share of the debt due by both of them. The decree was against both. Kashi Prasad has appealed on the ground that he was not liable but that Manni Lal alone was liable. He urged.(1) that the hundis were not given in discharge of the debt on the gur account, but were on entirely separate loan account;(2) that as decided by the arbitrators, Manni Lal alone undertook to be responsible for the payment of the hundis.2. Both the Courts have found that the hundis were given in satisfaction of the gur account and were not evidence of a separate transaction. They have als...
Sheo Charan Vs. Emperor
Court: Allahabad
Decided on: Mar-22-1923
Reported in: AIR1923All547; 73Ind.Cas.520
Daniels, J.1. Sheo Charan appeals from his conviction under Section 412 of the Indian Penal Code. The facts found against him are as follows:On the 14th April 1922 a Sub-Inspector of Police had occasion to search his house with reference to another triminal charge. His suspicious were aroused by the condition, of a small platform behind an oven in the kitchen and he dug up the place. He unearthed a bundle in which were a number of ornaments, some broken up and some intact. It was subsequently ascertained that one of these articles on which this charge is based, was stolen in a dacoity which took place at the house of Musammat Dhanpatia in the village of Marwatia on the 30th December 1921. There is further evidence that this dacoity in Marwatia was committed by the same gang that committed another dacoity at about the same time in the village of Ganwaria, and it has been satisfactorily proved that some of the ornaments found in the same bundle were taken in that dacoity. Sheo Charan has...
Pancham Vs. Emperor Through Bachha and ors.
Court: Allahabad
Decided on: Mar-22-1923
Reported in: AIR1923All548; 73Ind.Cas.943
Walsh, J.In my view the learned Sessions Judge has taken too technical a view of this matter which, if it is sound, is likely to defeat the ends aimed at by the Section. He would have done better to examine the section rather than the cases. He has fallen into a trap in adopting the phraseology that the Magistrate should have 'called upon the complainant to show cause.' The section does not require anything of the kind and, if any body has said that he ought to go through any special formality of that kind I beg respectfully to differ. In these Provinces there is too much 'calling upon to show cause 'about every trivial question The section enables the Magistrate to compensate in the case of a frivolous or vexatious accusation, 'by the order of discharge.' It only requires any objection which is urged to be recorded and considered. It is clear that this section was not intended to multiply the proceedings but to be applied in a summary manner. If the complainant has no real objection t...
Maulvi Zia-uddIn Vs. Maulvi Abul Hasan and anr.
Court: Allahabad
Decided on: Mar-22-1923
Reported in: 77Ind.Cas.27
1. It appears that one Moulvi Azz-ud-din was the propretor of a grove situate in the city of Budaun. The Moulvi died some time ago leaving her surviving three sons end a daughter by one wife and one son by another wife. The latter was called M. Mohammad Abul Hasan and was in judicial service in Hyderabad. The names of the children, by the first wife, were M. Mohammad Wahab-ud-din, wahij-ud-din and Musammat Afzal un-nissa. Some years ago Afzal-un-nissa sold her share to Abul Hasan. On the 2nd November 1920 Wahab-ud din sold his snare in the grove to Abul Hasan in lieu of Rs. 2,200. Zia-ud-din the own brother of the vendor brought the suit out of which this appeal has arisen against the vendor and the vendee to recover the share sold on the ground of pre-emption. It was alleged in the' plaint that after the death of M. Aziz-ud-din, the children by the first wife gave his share to Abul Hasan, the son by the second wife are separated from him. The plaintiff Zia-uddn was employed in Governm...
Emperor Vs. Zawar Husain
Court: Allahabad
Decided on: Mar-21-1923
Reported in: AIR1923All592; (1923)ILR45All541
Walsh and Ryves, JJ.1. This is a Government appeal against the acquittal of one Zawar Husai'n, on a charge tried by a First Class Magistrate of Saharanpur, for 'possessing cocaine' without lawful justification. No lawful ground for, the possession, if any, was suggested.2. The case presents another example of the sort of travesty of justice of which this Court has had too much reason to complain, of late, in magisterial proceedings. The case lies in a small compass. The first witness was called on the 27th of March, within eight days of the date of the alleged offence. The last witness was not called till about the 7th of July, and the judgment was delivered on the 31st of July, after what must, have been an enormous expenditure of money and magisterial time. We have been compelled to go through a mass of irrelevant matter, and a judgment consisting of twelve closely printed pages of wearisome discussion of superfluous details and laborious reflections on side-issues, of no importance ...
Ghansham Singh Vs. Bhola Singh
Court: Allahabad
Decided on: Mar-21-1923
Reported in: 74Ind.Cas.411
Grimwood Mears, C.J., Piggott, Walsh and Ryves, JJ.1. This appeal was referred to a Bench of five Judges to decide whether the appellant's right of appeal was barred by what has been called the principle of res judicata in accordance with a preliminary objection taken by the respondent or in other words, whether the ruling in Zaharia v. Debt 7 Ind. Cas. 156 : 33 A. 51 : 7 A.L.J. 861 (F.B.). applied to it or whetheras the appellant contended it was governed by the ruling in Damodar Das v. Sheoram Das 29 A. 730 : 4 A.L.J. 587 : A.W.N. (1907) and in effect there fore whether the latter decision was correctly reported as having been overruled byxthe former.2. We are of opinion that there is no such bar and that the prelim nary objection fails. The facts are simple. The plaintiff sues upon a mortgage executed by the defendant in his favour on the 28th May 1914 and claims repayment of the principal amount secured, with interest thereon at the contract rate or in the alternative sale of the m...
Emperor Vs. Zawar Hussain
Court: Allahabad
Decided on: Mar-21-1923
Reported in: 73Ind.Cas.929
Walsh, J.1. This is a Government appeal against the acquittal of one Zawar Hussain, on a charge tried by a First Class Magistrate of Saharanpur, for 'possessing cocaine' without lawful justification. No lawful ground for the possession, if any, was suggested.2. The case presents another example of the sort of travesty of justice of which this Court has had too much reason to complain of late in magisterial proceedings. The case lies in a small compass. The first witness was called on the 27th of March, within eight days of the date of the alleged office. The last witness was not called till about the 7th of July, and the judgment was delivered on the 31st of July, after what must have been an enormous expenditure of money and magisterial time. We have been compelled to go through amass of irrelevant matter, and a judgment consisting of twelve closely printed pages of wearisome discussion of superfluous detail, and laborious reflections on side issues, of no importance to any one, in wh...
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