Allahabad Court April 1923 Judgments
Sahib Singh and ors. Vs. Girdhari Lal and ors.
Court: Allahabad
Decided on: Apr-30-1923
Reported in: (1923)ILR45All576
Lindsay and Sulaiman, JJ.1. This is a plaintiffs' appeal arising out of a suit for recovery of possession of a shop by avoidance of a sale-deed, dated the 9th of August, 1918, executed by the plaintiffs' father Girdhari Lal. The plaintiffs' case was that the property was ancestral and that the sale-deed was without any consideration and further that there was no legal necessity for it and that Girdhari Lal was a man of immoral character and habits and the debt, if any, had been tainted with immorality. On behalf of the defendants the allegations contained in the plaint were denied and it was urged that the sale was justified. The learned Subordinate Judge has rejected the evidence of the plaintiffs that Girdhari Lal was a man of immoral character and he has further held that there is no evidence whatsoever to connect the alleged immorality with the amount: advanced under the deed. He has further held that the defendants vendees have shown that in fact part of the sum was paid in lieu o...
Tag this Judgment!Abdullah and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-30-1923
Reported in: AIR1924All233; 92Ind.Cas.145
1. Their Lordships after referring to the incident and commending the bravery of the Police and the admirably way in which the lower Court and Counsel had handled the case, proceeded:2. The charges against all the accused were six in number. There was a seventh charge affecting twenty-six only out of the entire number and an eighth charge affecting the same twenty-six and twelve others in addition. These charges are set forth in detail in the opening pages of the judgment under appeal and we do not propose to recapitulate them. They admit, however, of a certain classification. We have already spoken of the crowd which attacked the Police as an assembly of persons moving in a certain formation and animated by a definite purpose. It is an essential part of the case for the prosecution that the nucleus of this crowd consisted of a body of perhaps 1,000, perhaps 1,500 persons, which set forth from the little village of Dumri Khurd, situated some two miles or rather less from Chaura Police ...
Tag this Judgment!Lala Saheb Singh and ors. Vs. Lala Girdhari Lal and ors.
Court: Allahabad
Decided on: Apr-30-1923
Reported in: 73Ind.Cas.1024
1. This is a plaintiffs' appeal arising out of a suit for recovery of possession of a shop by avoidance of a sale-deed, dated the 9th of August 1918, executed by the plaintiffs' father Girdhari Lal. The plaintiffs' case was that the property was ancestral and that the sale-deed was without any consideration and, further, that there was no legal necessity for it and that Girdhari Lal was a man of immoral character and habits and the debt, if any, had been tainted with immorality. On behalf of the defendants the allegations contained in the plaint were denied and it was urged that the sale was justified. The learned Subordinate Judge has rejected the evidence of the plaintiffs that Girdhari Lal was a man of immoral character and he has further held that there is no evidence whatsoever to connect the immorality alleged with the amount advanced under the deed. He has further held that the defendants-vendees have shown that in fact part of the sum was paid in lieu of an antecedent debt and ...
Tag this Judgment!Makhan Lal, Bindeshri Prasad Vs. East Indian Railway
Court: Allahabad
Decided on: Apr-27-1923
Reported in: (1923)ILR45All575
Gokul Prasad, J.1. This is an application in revision, arising out of a suit for damages for non-delivery of part of a consignment made over to the Railway at Howrah for transport to Allahabad. Three casks of cocoanut oil were alleged to have been sent. Out of these only two were delivered at Allahabad and one cask was not delivered. Hence the present suit.2. The defence pleaded by the Railway Company was that Section 77 of tire Railways Act, IX of 1890, and the risk-note, which was in form B, barred the suit.3. In two cases of this Court it has been held that in case, of short delivery like this the Railway are not entitled to set up the risk-note unless it was shown that the loss of the cask was duo to a theft from a running train or some such cause. This case was tried in. the Small Cause Court, and the view taken by the learned. Judge of the court below was that the plaintiffs had distinctly stated that their case was one of non-delivery. The defendant Railway Company did not, in t...
Tag this Judgment!East Indian Railway Vs. Firm Makhanlal-bindesri Prasad
Court: Allahabad
Decided on: Apr-27-1923
Reported in: AIR1923All605; 74Ind.Cas.814
Gokul Prasad, J.1. This is an application in revision, arising out of a suit for damages for non-delivery of part of a consignment made over to the Railway at Howrah for transport to Allahabad. Three casks of coconut oil were alleged to have been sent. Out of these only two were delivered at Allahabad and one cask was not delivered. Hence: the present suit.2. The defence pleaded by; the Railway Company was that Section 77 of the Railways Act, IX of 1890, and the Risk Note which was in Form B barred the suit.3. In two cases of this Court it has been held that in cases of short deliveries like this the Railway are not entitled to setup the Risk. Note unless it was shown that the less or the cask was due to a theft from a running train or some such cause. This case was tried in the Small Cause Court, and the view taken by the learned Judge of the Court below was that the plaintiffs had distinctly stated that their case was one of non-delivery. The defendant Railway Company did not in the ...
Tag this Judgment!Kundan Lal Vs. Mukundi Kunwar and ors.
Court: Allahabad
Decided on: Apr-26-1923
Reported in: AIR1924All150; (1923)ILR45All571
Lindsay and Sulaiman, JJ.1. This is a plaintiff's appeal arising out of a suit for recovery of possession of considerable property, together with mesne profits, against several sets of defendants. The plaintiff's case was that one Maheshwar Dayal, son of Sri Kishen Das, was the last male owner of the property and died in the year 1895. On his death he was succeeded by his mother Musammat Gomti Kunwar, who died in 1903; and on her death his grandmother Musammat Darab Kunwar remained in possession till 1906 when she also died. On the death of this second limited owner the plaintiff claimed to succeed as Maheshwar Dayal's nearest collateral, alleging that he was connected with him through Jwala Datt, who was Harsukh Rai's daughter's son and was alleged to be his adopted son also.2. The suit was instituted just within 12 years of the death of Musammat Darab Kunwar. In the plaint there was no express mention as to when the alleged adoption of Jwala Datt took place, nor was it stated whether...
Tag this Judgment!Dukhi Vs. Emperor
Court: Allahabad
Decided on: Apr-26-1923
Reported in: AIR1924All141; 74Ind.Cas.448
Daniels, J.1. This case has been referred by the learned Sessions Judge at Allahabad on the ground that an order under Section 106 of the Code of Criminal Procedure was passed without jurisdiction. A case under sections 352 and 506 of the Indian Penal Code was before a Magistrate of the Second Class. Being of opinion that the accused should be bound over under Section 106 of the Code of Criminal Procedure, he referred the case to, the Joint Magistrate. The Joint Magistrate passed an order under Section 106 but did not deal with the substantive charge and on his sending the record back the accused were convicted by the Second Class Magistrate in whose Court the case originally was. Under these circumstances, the learned Sessions Judge is right in saying that the Joint Magistrate acted without jurisdiction. The learned Sessions Judge appears to be of opinion that the order was a proper order on the merits but he has not thought it necessary, to ask this Court to restore the order in the ...
Tag this Judgment!Babu Lal Vs. the Municipal Board and anr.
Court: Allahabad
Decided on: Apr-26-1923
Reported in: AIR1924All157; 75Ind.Cas.777
Daniels, J.1. These two connected appeals raise a question whether a Municipal Board has power, under Section 267 of the U.P. Municipalities Act, to order the removal of a lat ine for the construction of which it bad previously given permision. The plaintiff's latrine is of the kind known as sandas. It originally opened or the east side of the house and was cleaned from that side. In January 1919 he applied for permission to re-construct it so that it should open on the south side of the house. This application was made under Section 178 of the U.P. Municipalities Act and permission was granted by the Public Works Committee on 15th February 1919. The proposed alterations were thereupon carried out. About eight months afterwards, a complaint was made to the Municipal Board that the latrine, as altered, gave forth a very unsavoury smell and constituted a public nuisance and a danger to the health of the persons living in the neighbourhood. The Board were satisfied after inspection by the...
Tag this Judgment!Musammat Hajira Khatun Vs. Musammat Amina Khatun
Court: Allahabad
Decided on: Apr-26-1923
Reported in: AIR1923All570; 73Ind.Cas.983
Daniels, J.1. The question in this appeal is, whether the defendant Musammat Hajiran Khatun is the legitimate daughter of Iftikhar-ud-Din. Iftikhar-ud-Din had two wives, Musammat Rukaiyut-un-nissa and Musammat Hasan Jan alias Bivi Jan. The plaintiff is the daughter of the former, the defendant of the latter. Iftikhar-ud-Din has at different times quarrelled with and divorced both his wives. At one time, he denied the paternity of the defendant, at another time he acknowledged her.2. It is admitted by both parties that the defendant was born on 19th September 1912. It was the case of the plaintiff that Bibi Jan was divorced in the year 1911 before the defendant was born or even conceived. The learned District Judge has rejected this case and has found as a fact that Musammat Bibi Jan was not divorced until after the birth of the defendant, apparently in December 191.2. His finding, therefore, is, that the defendant was born during the continuance of a valid marriage between her mother a...
Tag this Judgment!Kundan Lal Vs. Makundi Kunwar and ors.
Court: Allahabad
Decided on: Apr-26-1923
Reported in: 77Ind.Cas.609
1. This is a plaintiff's appeal arising out of a suit for recovery of possession of considerable property, together with mesne profits, against several sets of defendants. The plaintiff's case was that one Miheshwar Dayal son of Sri Kishen Das, was the last male owner of the property and died in the year 1895. On his death he was succeeded by his mother, Musammat Gomti Kunwar, who died in 1903; and on her death his grandmother, Musammat Darab Kunwar, remained in possession till 1906 when she also died. On the death of this second limited owner the plaintiff claimed to succeed as Maheswar Dayal's nearest collateral, alleging that he was connected with him through Jwala Datt, who was Harsukh Rai's daughter's son and was alleged to be his adopted son also.2. The suit was instituted just within twelve years of the death of Musammat Darab Kunwar. In the plaint there was no express mention as to when the alleged adoption of Jwala Datt took place nor was it stated whether he had been adopted ...
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