Allahabad Court March 1923 Judgments
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Dharaman Vs. Sukhi and ors.
Court: Allahabad
Decided on: Mar-09-1923
Reported in: AIR1923All453; 73Ind.Cas.981
Lindsay, J.1. In my opinion the judgment of the lower Appellate Court in this case is wrong and must be set aside.2. The suit was brought by the plaintiffs to recover rent for the years 1325, and 1326 from the defendant on the ground that he had been cultivating 10 bighas 5 biswas land during that period at an annual rent of Rs. 88.3. The plaintiffs are admittedly occupancy tenants and the claim was, therefore, brought against the defendant in his apacity as a sub-tenant.4. The Assistant Collector dismissed the claim on the ground that no sub-letting had been proved.5. The learned District Judge has found that, as a matter of fact, the defendant cultivated these lands during both the years in suit and that the rent had not been paid either wholly or in part.6. So far as this part of the case is concerned, these findings are findings of fact and cannot be disputed.7. A point of law, however, was raised before the learned District Judge to the effect that, inasmuch as the defendant had b...
Kedar Nath, Raj NaraIn Vs. the East Indian Railway Company
Court: Allahabad
Decided on: Mar-08-1923
Reported in: (1923)ILR45All453
Muhammad Rafiq, J.1. This is an application in revision by a firm styled the firm of Kedar Nath Raj Narain, from a decree of the Small Cause Court Judge of Agra dismissing their claim for damages against the East Indian Railway Company.2. The case for the plaintiff firm was that they bought some articles at Calcutta through their agent, who consigned three boxes to them at Agra. One of the boxes was lost in transit, and hence the claim for the price of the goods contained in that box. The defence of the Railway Company was that as the consignor had given a risk-note, they were not liable for the loss. It was further pleaded that the goods consigned to Agra were glass beads, which came under the excepted articles mentioned in the second schedule of the Railways Act under Clause (d). The learned Judge of the Small Cause Court held that the lost goods fell under Clause (k), and the consignor having chosen to give the risk-note X, the Railway Company was not liable. The claim was according...
Sri Ram and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-08-1923
Reported in: AIR1923All386; 76Ind.Cas.28
1. I referred this case to a Bench of two Judges not because I had doubts as to the propriety of the conviction but because of a recent ruling of this Court in Lachchi Ram v. Emperor 65 Ind. Cas. 852 : 20 A.L.J. 218 : 23 Cr. L.J. 196 : (1922) A.I.R. (A.) 61. A point was raised, based on that decision, which, although not relevant to this case, was argued and it seems to me would be argued in every case, practically under the Gambling Act in future unless it was differentiated. In this case according to the evidence, the Sub-Inspector found a number of persons collected together in a market-place which was open to the public, that is to say, in a public place within the meaning of the Act, betting on satta in cotton. There were two forms of gambling going on.(1) Persons bet that when the price of cotton was received by telegram from Bombay the last digit would be what they said. If they guessed right they were paid nine times their stake. If they were wrong they paid.(2) The other form ...
Firm Kidar Nath RajnaraIn Vs. the East Indian Railway
Court: Allahabad
Decided on: Mar-08-1923
Reported in: AIR1923All538; 74Ind.Cas.300
Rafique, J.1. This is an application in revision by a film styled the firm of Kidar Nath-Raj Narain from a decree of the Small Cause Court Judge of Agra, dismissing their claim for damages against the East Indian Railway Company.2. The case for the plaintiff firm was that they bought some articles at Calcutta through their agent, who consigned three boxes to them at Agra. One of the boxes was lost in transit, and hence the claim for the price of the goods contained in that box. The defence of the Railway Company was that as the consignor had been a Risk Note they were not liable for the loss. It was further pleaded that the goods consigned to Agra were glass beads which came under the excepted articles, mentioned in the Second Schedule of the Railway Act under Clause (d). The learned Judge of the Small Cause Court hold that the lost goods fell under Clause (d); and the consignor having chosen to give the Risk-Note X, the Railway Company was not liable; The claim was accordingly dismiss...
Jagannath Singh Vs. Sadar Singh and ors.
Court: Allahabad
Decided on: Mar-08-1923
Reported in: AIR1923All448; 75Ind.Cas.614
Lindsay, J.1. In my opinion the decision of the lower Appellate Court in this case is correct.2. The property in question belonged to one Kuber Singh who died and was succeeded by his widow, Musammat Anandi.3. It appears that after Kuber's death the appellant here, Jagannath Singh, took possession of the property. A suit was brought by Musammat Anandi for the ejectment of Jagannath Singh and in that ease a compromise was arrived at between the parties. It was declared that Jagannath Singh had given possession to Musammat Anandi and that she was to pay Jagannath Singh in instalments a sum of Rs. 50 which Jagannath had paid on account of her husband's debts. In the terms of this compromise the suit of Musammat Anandi was dismissed.4. It is said that this compromise never took effect and that Jagannath has remained in possession all along.5. The present suit has been brought by the transferees of the daughter's son of Kuber Singh. They claimed to be entitled to the possession of this prop...
Aliman Begam Vs. Ali HusaIn and anr.
Court: Allahabad
Decided on: Mar-07-1923
Reported in: AIR1923All355; (1923)ILR45All449
Muhammad Rafiq and Lindsay, JJ.1. This appeal arises out of a suit brought by the plaintiff appellant, on the ground of pre-emption under the Muhammadan law. The claim was decreed by the court of first instance. The appellate court, however, took a different view, and dismissed the claim. The ground upon which the appellate court dismissed the claim was that the second demand, known under the Muhammadan law as talab-i-ishtishhad, was not carried out by the plaintiff appellant as required by the Muhammadan law. It appears that the vendees were husband and wife. The pre-emptor went to the house of vendees and sent for the husband, who came out. In the presence of the witnesses the pre-empt or made a second demand, and the husband listened to it. The wife was admittedly not present at the time when the second demand was made. The Muhammadan law requires that the second demand should be made either in the presence of the vendor or the vendee or on the property that is the subject of pre-em...
Jwala Prasad and ors. Vs. Prag NaraIn and anr.
Court: Allahabad
Decided on: Mar-07-1923
Reported in: (1923)ILR45All450
Ryves and Daniels, JJ.1. This appeal raises a point of law under the Bundelkhand Land Alienation Act. A decree had been passed against Jwala Prasad, one of the plaintiffs, on a mortgage in favour of the defendants Prag Narauvand Beni Prasad. The decree is not before us but it appears that it was transferred to the Collector, under Section 17 of the Act, inasmuch as the mortgagees were not members of an agricultural tribe. The first plaintiff Jwala Prasad was owner of an undivided share in a 5 anna 4 pie patti. The rents of the entire patti were collected by the lambardar who, as it happend, was at that time Jwala Prasad himself. The share mortgaged was a 10 pie undivided share out of this patti. The Collector, purporting to act under the provisions of Section 6 of the Act, selected certain specific plots, which he considered to be the equivalent of a 10 pie share, and gave the defendants a usufructuary mortgage of these plots for a term of 20 years. The present suit was brought by Jwal...
Musammat Kokla Kunar Vs. Kalian Mal
Court: Allahabad
Decided on: Mar-07-1923
Reported in: AIR1923All452; 76Ind.Cas.585
Gokul Prasad, J.1. This is a plaintiff's appeal arising out of a suit (a) for possession and demolition of certain constructions built on what the plaintiff Called the land of her chabutara, (b) for removal of certain beams alleged to have been placed by the defendant on the plaintiffs wall, (c) for the closing of a door opening on to the land of the plaintiff, and (d) for an injunction restraining the defendant from passing on to the plaintiff's chabutra through those doors. The defence pleaded was (1) that the land, on which the alleged encroachments are said to have been made, belonged to the defendant and (2) that the constructions were old. The First Court decreed possession of and demolition of the constructions on the land of the chabutra, but dismissed the claim for removal of the beams on the wall and for possession of the land occupied by it. Both parties went up in appeal. The lower Appellate Court confirmed the decree of the Trial Court on the question of the encroachments ...
Phul Chand and anr. Vs. Musammat Surji and ors.
Court: Allahabad
Decided on: Mar-07-1923
Reported in: 74Ind.Cas.684
1. This appeal arises out of a suit brought by the plaintiffs-appellants, Phul Chand and Kanchu Mal, for on the basis of a mortgage of 7th April 1916 in their favour. The defendants Nos.4 who are the answering respondents held two prior mortgages on the same property, one executed on 7th December 1907 and the other on 13th October 1915. After the date of the plaintiff's mortgage, namely in the year 1919, these defendants purchased the property for a sum of Rs. 5,000. Out of this sum, Rs. 3,800 was taken in statistic faction of the mortgage of 1907 including interest, Rs. 43-12-0 was credited on account of the mortgage of 1915 and the remainder went in satisfaction of an earlier mortgage of the year 1887 in favour of the plaintiffs. It is now settled law that, under such circumstances, the defendants are entitled to hold up the earlier mortgages which were satisfied out of the sale consideration as a shield against any attempt to deprive them of the property. The Courts below have accor...
Radhey and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-07-1923
Reported in: 73Ind.Cas.975
Ryves, J.1. In this case five persons were convicted by the Trial Court under Section 323 of the Indian Penal Code and sentenced to pay fine.2. They appealed. The learned Sessions Judge found categorically that these five persons had been attacked and that they had a right of private defence of property and were perfectly entitled to take the cattle which were trespassing on and damaging their field to the pound, and that they were entitled, if resisted, to use sufficient force to prevent the rescue of the cattle. The Appellate Court goes on to find that, inasmuch as 'twelve injuries were inflicted upon Bindra, I do not think that it would be right to hold that the accused kept within their right.' The Appellate Court has not found which accused exceeded the right of private defence, but having regard to his finding that ' Bindra was an obstinate fellow it probably required all the blows which he received and which cause only simple hurt to enable the accused to effect their purpose. A...
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