Allahabad Court March 1923 Judgments
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Peary Lal and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-19-1923
Reported in: 75Ind.Cas.148
Rafique, J.1. This is an application in revision from an order passed by the learned District Judge of Meerut, under Section 476 of the Code of Criminal Procedure, directing the prosecution of the three applicants or the charge of perjury. It appears that one Rohtagi Mal died on the 15th April 1922 possessed of considerable moveable and immoveable property. On the 19th April 1922 an application under Act XIX of 1841 was made by the opposite party to the Court of the District Judge for the making of an inventory of the effects of the deceased and the appointment of a Curator. It was stated in the application that the three applicants before this Court were servants of the deceased and were unlawfully in possession of the effects of the deceased and there was danger of the waste and the disappearance of the said effect. On the application under Act XIX of 1841 the learned District Judge passed an order appointing the Nazir of his Court to go to the house of the dceased and make an invent...
Dukhi and anr. Vs. Dhanni Missir
Court: Allahabad
Decided on: Mar-19-1923
Reported in: AIR1923All543; 73Ind.Cas.956
Rafique, J.1. This is an application in revision from a decree of the Small Cause Court Judge of Deoria. It appears that the plaintiff opposite party sued the applicants for the recovery of Re. 50 on the allegation that they had unlawfully cut down the trees belonging to the plaintiff opposite party. The claim was resisted on various grounds and the title of the plaintiff opposite party was denied. It was further objected that the suit was not maintainable in the Court of the Judge of Small Causes. The learned Judge, however, disallowing all the pleas for the defence decreed the claim for Rs. 5. In revision it is urged, that Article 35, Clauses (i), (ii) of the Schedule to the Small Cause Courts Act prohibits the entertainment of such a suit by a Judge of the Small Cause Court. The Clause relied upon is as follows:For an act which is, or, save for the provisions of Chapter IV of the Indian Penal Code, would, be, an offence punishable under Chapter XVII of the said Code.2. The cutting d...
Sukhandan and anr. Vs. Brijnandan and ors.
Court: Allahabad
Decided on: Mar-19-1923
Reported in: AIR1923All574; 73Ind.Cas.1052
1. This appeal arises out of a suit for partition. The main issue in the case and the sole issue in this appeal is whether the bulk of the property in suit is joint family property or is the self-acquired property of the defendant- appellant, Sukhnandan. The plaintiffs are two brothers of Sukhnandan. Their father and the eldest brother named Sarju are dead. It has been found, and it is not now disputed, that the family was joint. The findings of the Court below are that, although Sukhnandan is the most capable member of the family and the acquisition of the property in suit is due mainly to his exertions, yet there was a nucleus of joint family property with the assistance of which the subsequent acquisitions has been made and that in consequence the property in dispute must be held to be joint property. The fact that where there is a nucleus of joint family property with the assistance of which subsequent acquisitions have been made, the burden of proving that any particular property ...
Bijai Shankar and ors. Vs. Ram Charitra Singh and ors.
Court: Allahabad
Decided on: Mar-16-1923
Reported in: (1923)ILR45All461
Pramada Charan Banerji and Gokul Prasad, JJ.1. This appeal arises out of a suit for a declaration of the plaintiffs' right to some alluvia] land, 1,005 bighas in area. This land has emerged out of the river Ganges which lies to the north of Dhanapur, the village of which the defendants are the owners. To the west of that parent village is a village which has apparently been formed since 1836 and is called Arazi Dayara Dhanapur. The plaintiffs alleged in their plaint that they were the owners of the village Arazi Dayara Dhanapur; that the land in suit had accreted to that village, and, therefore formed an accession to the village; that they had themselves become proprietors of the disputed land, and that the defendants, the owners of the village Dhanapur khas, had no right to the aforesaid land. They based their claim in the plaint upon the custom known as the custom of dhardhura. That custom means that the deep stream is the boundary between two villages lying on opposite banks of the ...
Mariam-un-nissa Bibi Vs. Babu Ram and ors.
Court: Allahabad
Decided on: Mar-16-1923
Reported in: (1923)ILR45All458
Muhammad Rafiq and Lindsay, JJ.1. This is an application for review of judgment. The judgment sought to be reviewed is a judgment passed on the 19th of May, 1922, dismissing under Order XLI, Rule 11, the appeal of one Mariam-un-nissa. The appeal was a second appeal.2. The application made before us sets out that certain documentary evidence has been discovered since, which, if entertained, would prove that the plaintiff appellant, Mariam-un-nissa, had a good title to the property in dispute.3. The application for review has been opposed on the ground that it is not competent to this Court to entertain such an application, and various authorities have been cited before us. We need only refer to an authority of our own Court in In the matter of the petition of Nand Kishore (1909) I.L.R. 32 All. 71.4. It was held there, following two other rulings, that the High Court cannot, in a second appeal, entertain an application for a review of judgment based on the ground that since the disposal ...
Sheo Badan Tiwari and anr. Vs. Musamat Sahibzadi Kunwar
Court: Allahabad
Decided on: Mar-16-1923
Reported in: (1923)ILR45All459
Muhammad Rafiq and Lindsay, JJ.1. The two appeals, Nos. 1333 and 1334, are connected inasmuch as they arise out of one suit brought by the plaintiffs appellants to pre-empt certain property conveyed by Moti Saran and Musammat Sona Kunwar to the contesting defendants. The claim was resisted on the ground, among others, that the custom of pre-emption alleged in the plaint did not obtain in the village in which the property-sold was situate. In support of the alleged custom of pre-emption the plaintiffs appellants produced the wajib-ul-arz of the village. The learned Munsif accepted the recital in the wajib-ul-arz as evidence of the custom stated in the plaint and decreed the claim. On appeal by the vendees, the learned District Judge construed the clause relating to the transfer of a share by a co-sharer in the village differently. *He was of opinion that the phraseology of the clause upon which reliance was placed by the pre-emptors negatived their allegation as regards the custom of pr...
Emperor Vs. Khubi
Court: Allahabad
Decided on: Mar-16-1923
Reported in: AIR1923All545; 81Ind.Cas.191
Walsh, J.1. This matter has been referred by Mr. Justice Lindsay. It is obviously a difficult question of law in certain circumstances and the learned Judge thought that the matter required further consideration. Having given it the best consideration that I can I come to the conclusion that the difference of opinion in Queen-Empress v. Khandu 15 B. 194 : 8 Ind. Dec. (N.S.) 131 between Mr. Justice Parsons and the majority of the Bench was a difference of fact and not of law. In my opinion no question of law arises in this reference at all. The facts are that Khubi had a young wife of 14 or 15. She was epileptic. That means that she was physically weak, mentally deficient ajid excitable, certain to meet a premature death, and in a condition of mind and body, which rendered her unable to sustain a severe shock. Khubi must have known, even if he were a savage, and must be taken to have known, that his wife demanded at his hands exceptional care and kindly treatment and could not stand bru...
Bijai Shanker Selher and ors. Vs. Ram Chritra Singh and ors.
Court: Allahabad
Decided on: Mar-16-1923
Reported in: AIR1923All500; 75Ind.Cas.35
1. This appeal arises out of a suit for a declaration of the plaintiff's right to some alluvial land, 1005 bighas in area. This land has emerged out of the river Ganges which lies to the north of Dhanapur, the village of which the defendants are the owners. To the west of that parent village is a village which has apparently been formed since 1836 and is called Arazi Dayara Dhanapur. The plaintiffs alleged in their plaint that they were the owners of the village Arazi Dayara Dhanapur; that the land in suit had accreted to that village, and, therefore, formed an accession to the village; that they had themselves become proprietors of the disputed land, and that the defendants, the owners of the village Dhanapur khas, had no right to the afore said land. They based their claim in the plaint upon the custom known as the custom of dhardhura. That custom means that the deep stream is the boundary between two villages lying on opposite banks of the stream. Dr. Sen has in his argument concede...
Sheo Badan Tewari and anr. Vs. Sahebzadi Kuer
Court: Allahabad
Decided on: Mar-16-1923
Reported in: 75Ind.Cas.792
1. The two Appeals Nos. 1333 and 1334 are connected, inasmuch as they arise out of one suit brought by the plaintiffs appellants to pre-empt certain property conveyed by Moti Saran and Musammat Sona Kunwar to the contesting defendants. The claim was resisted on the ground, among others, that the custom 01 pre-emption alleged in the plaiut did not obtain in the village in which the property sold was situate. In support of the alleged custom of pre-emption the plaintiffs-appellants produced the wajib-ul-arz of the village. The learned Munsif accepted the recital in the wajib-ul-arz as evidence of the custom stated in the plaint and decreed the claim. On appeal by the vendees, the learned District Judge construed the clause relating to the transfer of a share by a co-sharer in the village differently. He was of opinion that the phraseology of the clause upon which reliance was placed by the pre-emptors negatived their allegation as regards the custom of pre-emption. The appeal was, theref...
Musammat Mariam-un-nissa Bibi Vs. Babu Ram and ors.
Court: Allahabad
Decided on: Mar-16-1923
Reported in: 73Ind.Cas.1016
1. This is an application for review of judgment. The judgment sought to be reviewed is a judgment passed on the 19th May 1922; dismissing, under Order XXI Rule 11, the appeal of one Mariam-un-nissa. The appeal was a second appeal.2. The application made before us sets out, that certain documentary evidence has been discovered since, which if entertained would prove that the plaintiff-appellant, Mariam-un-nissa, had a good title to the property in dispute.3. The application for review has been opposed on the ground that it is not competent to this Court to entertain such an application and various authorities have been cited before us. We need only refer to an authority of our own Court in Nandkishore v. Aliwar Hussain 4 Ind. Cas. 860 : 32 A. 71 : 6 A.L.J. 979.4. It was held there following two other rulings that the High Court cannot in a second appeal entertain an application for a review of judgment based on the ground that since the disposal of the appeal documentary evidence has b...
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