Allahabad Court June 1923 Judgments
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Mahant Ram Prasad Bharthi Vs. Rabi Pratap NaraIn Singh
Court: Allahabad
Decided on: Jun-19-1923
Reported in: (1923)ILR45All725
Daniels, J.1. This application raises a question of jurisdiction. The plaintiff is a grove-holder and the defendant the zamindar. The suit was brought on the allegation that the defendant being entitled to one-fourth of the fruits of the grove had wrongfully appropriated one-half of the fruits.' The suit was filed in the Small Cause Court, claiming the value of the fruits wrongfully appropriated. The defence was that the suit was cognizable only by the Revenue Court, being a suit contemplated by Section 36 of the Tenancy Act, and that, therefore, the jurisdiction of the Civil Court was ousted by Section 167 of the same Act. Section 36 covers claims by a taken from whom any sum or produce has been exacted by his landlord in excess of the amount recoverable from him as an arrear of rent. The learned Judge of the court below framed an issue on the question of jurisdiction but omitted to decide it. The plaintiff's answer to the objection, however, is that the* verb '' to exact '' implies s...
Rabi Pratab NaraIn Singh Vs. Mahanth Ram Prasad Bharthi
Court: Allahabad
Decided on: Jun-19-1923
Reported in: 74Ind.Cas.502
Daniels, J.1. This application raises a question of jurisdiction. The plaintiff is a grove holder and the defendant the zemindar. The suit was brought on the allegation that the defendant being entitled to one fourth of the fruits of the grove had wrongfully appropriated one half of the fruits. The suit was filed in ^he Small Cause Court claiming the value of the fruits wrongfully appropriated. The defence was that the suit was congnisable only by the Revenue Court, being a suit contemplated by Section 36 of the Tenancy Act, and that therefore, the jurisdiction of the Civil Court was ousted by Section 167 of the same Act. Section 36 covers claims by a tenant from whom any sum or produce had been exacted by his landlord in excess of the amount recoverable from him as an arrear of rent. The learned Judge of the Court below framed an issue on the question of jurisdiction but omitted to decide it. The plaintiff's answer to the objection, how ever, is that the verb 'to exact' implies someth...
Firm Dwarka Das-ajodhiya Prasad Vs. Firm Lachimi Narain-girdhari Lal
Court: Allahabad
Decided on: Jun-19-1923
Reported in: 74Ind.Cas.692
Daniels, J.1. This is an application for revision of a decree, of the Judge of the Small Cause Court, Cawnpore SQ far, as it awards a sum, of Rs. 59 against the applicant firm Dworka Das Ajodhia Prasad on the basis of a hundi. The hundi was drawn on the applicants and the whole question so far as their liability went, was, Whether they accepted it, or not. The learned' judge of the Court below finds that the hundi was not accepted as required by Section 7 of the Act, namely, by the drawee signing his assent on the bill, but he finds on oral evidence,. that the applicants; did accept it verbally and on this basis he has decreed the suit against them. He relied on a statement in the fourth edition of Chalmers Negotiable Instruments. Act, page 190, that 'Possibly by local custom hundis may be accepted verbally.' The learned Judge has, however, overlooked the fact that any such local custom must be specifically, set up and proved by evidence, and neither of these' things was done in this, ...
Mithulal and anr. Vs. Sri Lal
Court: Allahabad
Decided on: Jun-19-1923
Reported in: 74Ind.Cas.918
Daniels, J.1. This is an application for revision under the following circumstances. The suit was one on a pro-note. In the course of the suit defendant agreed to abide by the oath of one of the plaintiffs Mithu Lal. On a subsequent date, before the oath could be administered, he wished to withdraw from his application on the ground that Mithu Lal had been won over by the other plaintiff, his son, to swear a false oath. A witness was put in to prove this fact, but both the Courts below have concurred in rejecting his evidence as false. The plaintiff, Mithu Lal, took the required oath and on the basis of his evidence the learned Munsif decreed the suit. The defendant appealed to the District Judge. The District Judge agreed with the Munsif as to the worthlessness of the evidence of collusion but remanded the case to the Muusif to take further evidence on the facts. On the basis of this evidence the learned Judge came to the conclusion that in reality there was no consideration for the p...
Muhammad Bakhsh and anr. Vs. Muhammad Abdul Baqi Khan and ors.
Court: Allahabad
Decided on: Jun-18-1923
Reported in: AIR1924All135; (1923)ILR45All720
Grimwood Mears, C.J. and Piggott, J.1. At the municipal election held in March last in Allahabad one Khan Bahadur Muhammad Abdul Baqi Khan was a candidate, and was subsequently declared to have been duly elected. For some years he, with other members of his family, had held a contract for the supply of kerosine oil in bulk to the Municipal Board. He was a member of the Board, whose term of office came recently to an end, and he had some three years ago disclosed the existence of that contract to the Commissioner and had been duly given permission to hold the same. He sat as a duly elected member throughout the period of the last Municipal Board. When he deemed himself to have been duly elected this year, he again sought and obtained the permission of the Commissioner to carry out the contract notwithstanding his membership of the Board. A petition to unseat him is now in course of hearing by the Commissioner; and, amongst other grounds, it is alleged that he was disqualified from becom...
Muhammad Baksh and anr. Vs. Muhammad Abdul Baqi Khan and ors.
Court: Allahabad
Decided on: Jun-18-1923
Reported in: 74Ind.Cas.490
1. At the Municipal election held in March last in Allahabad one Khan Bahadur Muhammad Abdul Baqi Khan was a candidate, and was subsequently declared to have been duly elected for some years he, with otter members of his family, had held a contract for the supply of kerosine oil in bulk to the Municipal Board. He was a member of the Board, whose term of office came recently to an end, and he had some three years ago disclosed the existence of that contract to the Commissioner and had been duly given permission to hold the same. He sat as a duly elected member throughout the period of the last Municipal Board. When he deemed himself to have been duly elected this year he again sought and obtained the permission of the Commissioner to carry out the contract notwithstanding his membership of the Board. A petition to unseat him is now in course of hearing by the Commissioner; and, amongst other grounds, it is alleged that he was disqualified from becoming a candidate for election, and that...
Naini Mal Vs. Emperor
Court: Allahabad
Decided on: Jun-15-1923
Reported in: AIR1924All189; 74Ind.Cas.708
Walsh, J.1. This appears to be an outrageous proceeding lacking either in legal justification or common sense, so far as I can understand, Prom the somewhat scanty materials before me, it appears that four men were charged a long time ago with stealing 59 bags of mustard seed from the grain market. The thieves appear to have dealt with the seed by selling 113 maunds of it to the firm of the present petitioner. This transaction by the present petitioner's firm took place at a considerable distance, i.e., 30 or 40 miles form the scene of the crime. No charge has been made against them for receiving nor could any such charge be reasonably made. They allege that they gave every facility to the prosecution to trace the accused, showing the dealings which the thieves had had in the commodity and produced their books to show that they themselves as purchasers had dealt with the grain in the ordinary course of business. Under such circumstances as these, a Criminal Court ought to hesitate a lo...
Baijnath Rai and ors. Vs. Gokul Rai and ors.
Court: Allahabad
Decided on: Jun-14-1923
Reported in: AIR1924All37; (1923)ILR45All718; 74Ind.Cas.498
Lindsay and Sulaiman, JJ.1. This is a plaintiffs' appeal arising out of a suit for setting aside three sale-deeds, two of which were executed on the 4th of December, 1901, and the third on the 30th of July, 1913, by the fathers and grandfathers of the present plaintiffs, on the ground that these alienations of ancestral property were without any legal necessity. There was no suggestion in the plaint that the debts had been contracted for any illegal or immoral purposes.2. The defendants transferees contested the claim mainly on the ground that the debts had been incurred for family necessities and were binding on the plaintiffs. It was also pleaded that the claim was barred by time inasmuch as the plaintiffs were not born at the time of the first transfers.3. The court below found that the plaintiff No. 1 was alive at the time when the transfers of 1901 took place and that the two remaining plaintiffs were born before the execution of the third sale-deed. It accordingly held that the p...
JamaluddIn and ors. Vs. Emperor
Court: Allahabad
Decided on: Jun-14-1923
Reported in: AIR1924All164; 74Ind.Cas.716
Ryves, J.1. That a riot took place about sunset in the village of Rawatpur on the 22nd of January last in which one Abid Ali unfortunately was fatally injured is established beyond doubt. Ten men were sent up for trial under Sections 147 and 304 of the Indian Penal Code to the Court of Session at Shahjahanpur. The learned Judge has convicted three of them and these have appealed. The learned Judge has come to the definite conclusion that the evidence on both sides is wholly unreliable. He says: 'as the witnesses on both sides are unreliable there remains only the reports on which to base any definite conclusion.' This is not a legitimate use of a First Information Report. Such reports are not subst native evidence of the facts recorded in them and a conviction cannot be based on a report. They can be used to corroborate the witnesses who made them and are of value as showing that they told the same story at the first possible occasion. If they told a different story in Court, the First...
Bhagwan Das and anr. Vs. Sukhdeo Korie and ors.
Court: Allahabad
Decided on: Jun-14-1923
Reported in: AIR1924All8812; 75Ind.Cas.953
Kanhaiya Lal, J.1. This was a suit by the plaintiffs-appellants for the recovery of money due on account of their share in four bonds which the defendants are stated to have realised from their common debtors. It appears that if the parties formed a joint family at the time when the loans in question were advanced to those persons. They separated seven years ago; but the bonds evidencing the loans in question remained the joint property of the parties. Subsequent to the separation, the defendants are said to have realised the money due on the said bonds to the exclusion of the plaintiffs. The defence was that one of the bonds had fallen to the share of the defendants by partition and that the money due on another bond which was joint was realised by both the parties jointly. It was also alleged that the remaining two bonds were obtained by the defendants after partition and were their exclusive property. The Court of first instance decreed the claim, holding that all the four bonds wer...
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