Allahabad Court May 1924 Judgments
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Hira Lal Vs. Emperors
Court: Allahabad
Decided on: May-21-1924
Reported in: AIR1924All765; 82Ind.Cas.172
Boys, J.1. This is an application in revision against an order of the Sessions Judge refusing to hear the appeal of one Hira Lal against whom an order in a summary trial has been passed under Section 562 of the Criminal Procedure Code, the refusal being based on Section 414 of the Criminal Procedure Code which he held barred the right of appeal. 2. Section 408 gives an appeal from the order of a Magistrate of the First Class to the Sessions Judge. Section 410 gives an appeal from the Sessions Judge to the High Court. If these two sections are uncontrolled there can be no question that an appeal lies under them from orders under Section 562 by a Magistrate or by the Sessions Judge respectively.3. The case for the Crown here is that as there was a summary trial an appeal is barred by Section 414; the argument being that as there is no sentence at all it must be held to be a sentence less than the maximum which is referred to in Section 414.4. To support the exclusion of a right of appeal...
Firm Gopal Rai Phul Chand Vs. Great Indian Peninsula Railway
Court: Allahabad
Decided on: May-21-1924
Reported in: 82Ind.Cas.313
1. These three connected appeals have been heard together. They relate to claims by different plaintiffs against the G.I.P. Railway Company. In this judgment we refer in particular to the facts of the Second Appeal (No. 1225 of 1922), but the facts of the others are admittedly ON all fours with them and the points for decision are the same.2. On 26th November 1920 a bale of cloth was delivered to the G.I.P. Railway Company at Victoria Terminus, Bombay, for despatch to Railway Station Yusufpur on the B. and N.W. Railway. The goods were never delivered. It is also admitted that they never reached the B. and N.W. Railway. A Risk Note in form B. was executed in respect of this consignment by one Hari Gobind whom the learned District Judge finds to be the person who delivered the goods to the Railway Company. The learned Judge finds that the loss of the goods was due to theft from a running train, that the guard of the train knew that the theft was being committed but that he is not shown t...
Lala Darbari Lal Vs. Lala Gobind Saran
Court: Allahabad
Decided on: May-21-1924
Reported in: AIR1924All902; 80Ind.Cas.31
1. This appeal arises out of a suit brought by the plaintiff-appellant against the respondent for recovery of property sold to his father Chhuttan Lal on foot of a sale-deed dated the 1st of February 1904 by a lady who has since died, namely Mst. Kul Kunwar.2. The appellant claims as a reversioner and the pedigree given below, Daya Ram | ________________________________________ | | Jiwa Ram Daulat Ram | | Nikka Mal Hoti Lal (adopted son | Mst. Mul Kunwar (widow) | | ___________________________________________ | | | Mittar Sain Makkhan Lal Hoti Lal | (issueless) (adopted son) __________________ | | Budh Sain Nanhun Mal | | Pindi Lal Darbari Lal | (Plaintiff) | _______________________________________________________ | | | Har Charan Lal Kanhalya Lal Bai Kishen3. It appears that Hoti Lal died, possessed of considerable amount of property, sometime in 1869. Mussmmat Mul Kunwar succeeded to the property as his widow and she died on the 16th of April 1916. On the 31st of October 1897 she exe...
Janki Das and ors. Vs. Putli Kunwar
Court: Allahabad
Decided on: May-20-1924
Reported in: (1924)ILR46All813
Daniels and Neave, JJ.1. This appeal relates to a well and a temple in the Gujrati muhalla of Moradabad City. It is now found as a fact that both the well and the temple are waqf property. The defendants, who claimed both the well and the temple as their own, have roofed over the well and enclosed it by walls on three sides and by the southern wall have also blocked the only access to the temple, which was through a. covered passage called a chhatta to the south of where this wall has now been built. The plaintiffs sued for and have been granted a decree for the demolition of these constructions and an injunction preventing the defendants from making any encroachment or construction on the well or in the chhatta so as to prevent the plaintiffs or the muhalla people from using the Well or having access to the temple. The plaintiffs are residents of the muhalla and two of them are trustees of the temple. Their case is that the well and platform have been from of old used by the muhalla p...
Radhe Lal and ors. Vs. Mul Chand and ors.
Court: Allahabad
Decided on: May-20-1924
Reported in: (1924)ILR46All820
Mukerji and Dalal, JJ.1. The plaintiffs' suit for partition was dismissed by the lower court on the ground that it was barred by the principle of res judicata. It appears that the plaintiffs, excepting one Lallu, subsequently born, had sued on the 8th of September, 1919, for partition. This suit was compromised and both the parties filed a joint petition on the 31st of August, 1920. It was to the effect:In the above case the parties entered into a compromise at the remonstrance of a few respectable persons. The parties shall bear their own costs. The plaintiffs withdrew their claim. Hence the claim should be struck off.2. This petition of compromise was verified by all the parties. A decree was passed in accordance with this compromise. The order was:It is ordered and decreed that according to the compromise this case be struck off. The parties to bear their own costs.3. The terms of the compromise are not given and the conclusion we draw is that at that particular time the plaintiffs ...
Musammat Putli Kunwar Vs. Janki Das and ors.
Court: Allahabad
Decided on: May-20-1924
Reported in: AIR1924All850; 81Ind.Cas.294
1. This appeal relates to a well and a temple in the Gujrati Muhalla of Moradabad City. It is now found, as a fact that both the wetland the ternple are wakf property. The defendants, who claimed both the well and temple as their own, have roofed over the well and enclosed it by walls on three sides and by the southern wall leave also blocked the only access to the temple, which was through a covered passage called a chhatta, to the south of iyhere this wall has now been built. The plaintiffs sue for and have been granted a decree for the demolition of these constructions and an injunction preventing the defendants from making any encroachment or construction on the well or in the chhatta so as to prevent the plaintiffs or the muhalla people from using the well or having access to the temple. The plaintiffs are residents of the muhalla and two of them are trustees of the temple. Their case is that the well and platform have been from of old used by the muhalla people who have also cust...
Radha Kishan Vs. Kedar Nath
Court: Allahabad
Decided on: May-20-1924
Reported in: 80Ind.Cas.874
Neave, J.1. This appeal arises out of a suit for damages for malicious prosecution. The appellant Radha Kishan and one Ganeshi Lal were the proprietors of rival cattle markets in the same village. They were constantly quarrelling, and finally a riot took place which, according to the appellant, developed into an attack on his house, in which his property was stolen and members of his household beaten. This affair was reported at the police station by a constable. Radha Kishan was sent for and his statement recorded by the Sub-Inspector. In this he named a large number of persons including Kedar Nath as having taken part in the riot. The police not taking what Radha Kishan considered to be a sufficiently active interest in the matter, he went to the District Magistrate, who told him to file a complaint. This he did asking that a Deputy Superintendent of Police might be sent to investigate. Some enquiries were made, and the District Magistrate ordered that the case should be sent up for ...
Radha Lal and ors. Vs. Mulchand and ors.
Court: Allahabad
Decided on: May-20-1924
Reported in: 80Ind.Cas.933
1. The plaintiffs' suit for partition was dismissed by the. first Civil Court on the ground that it was barred by the principle'of res judicata. It appears that the plaintiffs, excepting one Lallu, subsequently born, had sued on 8th September 1919, for partition. This suit was compromised and both the parties filed a joint petition on 31st August 1920. It was to the effect: 'In the above case the parties entered into a compromise at the remonstrance of a few respectable persons. The parties shall bear their own costs. The plaintiffs withdrew their claim. Hence, the claim should be struck off.' (page 43). This petition of compromise was verified by all the parties (page 47). A decree was passed in accordance with this compromise (page 49). This order was: 'It is ordered and decreed that according to the compromise this case be struck off. The parties to bear their own costs.' The terms of the compromise are not given and the conclusion we draw is that at that particular time the plainti...
Emperor Vs. Tulshi Das
Court: Allahabad
Decided on: May-19-1924
Reported in: (1924)ILR46All787
Boys, J.1. This criminal revision No. 210, and the other criminal revisions Nos. 205, 206, 209 arid 211, deal with two incidents of satta gambling. The cases Nos. 206, 209, 210 and 211 are the cases of Tulsi Das, Lachmi Narain, Budha, Thakur Das and Nehal Chand. The case No. 205 is that of Ghisa, Pershadi, Manohar and Kallu.2. To deal now with the case No. 210, this man, Tulshi Das, was charged with a number of others with gambling in the satta form, i.e., with betting or taking bets on opium price figures, in a public place--an offence under Section 13 of the Gambling Act, III of 1867, as amended by the United Provinces Act I of 1917. The section, as amended, reads: 'any person found gaming in any public street, place or thoroughfare,' and by the same Acts 'gaming' includes 'wagering.' The nine men, whose cases are before me, were, in their respective two groups, charged in effect with being book makers, i.e. with keeping premises for the purposes of betting and themselves taking bets...
Sheo Ghulam Vs. Salik Ram
Court: Allahabad
Decided on: May-19-1924
Reported in: AIR1924All481; (1924)ILR46All791
Sulaiman, J.1. This is a plaintiff's appeal arising out of a suit for profits under Section 164 of the Agra Tenancy Act against the defendant lambardar. The body of the plaint mentioned the year 1327 Fasli only, but the account1 of the amount claimed attached to the plaint shows that the claim was one for arrears collected in respect of the years 1324, 1825 and 1326 Fasli and for the gross profits of 1327 Fasli. The court of first instance found that the defendant had collected certain arrears for previous years and that he was grossly negligent in the year 1327 Fasli, having collected less than one-third of the gross rental for that year. Nevertheless, in view of the ruling in the case of Chhabraji Kunwar v. Ganga Singh (1920) I.L.R. 43 All. 29 it felt bound to disallow the claim for the arrears of previous years and only granted a decree on the basis of the gross rental for the year 1327 Fasli. The learned District Judge, when confronted by the same ruling, remarked: 'I must confess ...
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