Allahabad Court June 1924 Judgments
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Emperor Vs. Mukhtara
Court: Allahabad
Decided on: Jun-25-1924
Reported in: AIR1924All783; (1924)ILR46All915; 85Ind.Cas.225
Ryves, J.1. This is an appeal by the Local Government from an order of acquittal passed by the learned First Additional Sessions Judge of Saharanpur. Mukhtara, a Jot, was convicted by a Magistrate of the first class, under Section 215 of the Indian Penal Code, and sentenced to one year's rigorous imprisonment. It appears that on the 6th of December, ! 1923, two bullocks, out of a number which had been sent by Narpat to graze in the jungle, failed to return. Later on the same night one of these bullocks returned with a broken rope tied round its neck. The other one did not return. It was -suspected that both the. bullocks had been stolen. A panchayat was held, and Mukhtara was certainly suspected of being, if not the thief, at any rate cognizant of who the thieves were. He promised to recover the bullock on payment of Rs. 30. He received the money and three days afterwards produced the- bullock. On the 9th of December, Narpat made a report, of' the circumstance at the police station, an...
Khanjan and ors. Vs. Emperor
Court: Allahabad
Decided on: Jun-25-1924
Reported in: AIR1924All781; 82Ind.Cas.54
Cecil Henry Walsh, Actg., C.J.1. This is an appeal against a conviction of eight people for a variety of offences which may be compendiously described as an unjustifiable and lawless attack enforced upon some low caste inhabitants of the village over a grievance, or a fancied grievance, resulting in serious injury, including the fracture of an arm to two men, the unfortunate death of a little child who was deserted by the Chamars who fled from the spot, the destruction of a chaupal of small value, but which no doubt cost money to these Chamars, and a general riot. It is probably idle to protest against the multiplication of the sections which the lower Courts persist in making in order to cover every conceivable offence that the facts may possibly establish in the course of a trial. It is not as a rule a convenient practice and this is a good example of the serious consequences which may arise from surplusage. With all respect to the learned Judge who tried this case, he has overlooked...
Mr. Iqbal Ahmad and anr. Vs. Suraj Bali and ors.
Court: Allahabad
Decided on: Jun-25-1924
Reported in: 82Ind.Cas.651
Daniels, J.1. This is a second appeal in a suit for ejectment of a non-occupancy tenant, under section. 58 of the Agra Tenancy Act. The appeal has apparently been preferred to the Civil Court because a question of proprietary right is involved. The real question in dispute is whether the land in suit is situated in Dewara Jadid in the Azamgarh District of which the plaintiffs-appellants are zemindars or in the village of Dewara Sabitpur in the Fyzabad District of which the defendant Babu Narendra Bahadur Singh is in charge. The other defendants are me persons actually cultivating the land and claiming to cultivate under Babu Narendra Bahadur. The dispute between the principal parties the plaintiffs and Babu Narendra Bahadur Singh, was the subject of proceedings in the Criminal Court under Section 145, Criminal Procedure Code. In those proceedings Babu Narendra Bahadur Singh was found to be in possession and an order was passed in his favour under Section 145(6). The plaintiffs thereupo...
Santu and ors. Vs. Abhainandam Prasad and ors.
Court: Allahabad
Decided on: Jun-24-1924
Reported in: AIR1925All32
Neave, J.1. This appeal arises on a suit brought for arrears of rent for the years 1326 and 1327 Fusli against Lochan his four nephews, Jamna, Jaisri, Santu and Chatardhari. The two last-named are minors. The plaintiff claimed rent at the rate of Rs. 275-8 year basing his claim on a compromise entered into between the parties in a previous suit brought by him for the ejectment of the defendants in the revenue Court in 1919. Until that year the rent of the holding had been Rs. 95. But in this compromise it was agreed that, if the ejectment proceedings were given up, the defendant would in future pay at the rate of Rs. 275-8.2. The principal argument adduced in this Court on behalf of the appellants is that the compromise was invalid, inasmuch as two of the present appellants were at the time minors and the provisions of Order 32, Rule 7, Civil P.C. were not observed by the Court before the decree was passed. It is contended that, though it appears that Jaisri acted as guardian ad litem ...
Peare Lal and ors. Vs. Jhabba Lal and anr.
Court: Allahabad
Decided on: Jun-24-1924
Reported in: AIR1925All66; 82Ind.Cas.604
Daniels, J.1. This is an appeal in execution proceedings. A decree for the recovery of a maintenance by the sale of immovable property on which the maintenance was charged was held by Mt. Chandan Kuar against the judgment-debtors-respondents. Mt. Chandan Kuar died on the 11th October, 1921, A succession certificate in respect of the decree was obtained jointly by the appellants who are her sons and Mt. Saraswati who was her daughter. On the strength of this succession certificate these parties applied jointly to execute the decree. In their first application they treated the decree as a preliminary decree and asked for the preparation of a final decree, but in the alternative they also asked for execution of the decree as it stood in case no final decree should be necessary. The application was at first dismissed, but on a fresh application execution was allowed.2. The judgment-debtors appealed to the District Judge on the ground among others that Mt. Saraswati alone was the heir of he...
Mohamed Naqi Vs. Hargu Lal
Court: Allahabad
Decided on: Jun-24-1924
Reported in: AIR1925All164
Boys, J.1. In this case one Kamal Uddin brought a suit against Mohammad Naqi on behalf of whom the present plaintiff Lala Hargu Lal stood surety for Mohammad Naqi, that the latter would pay the price of the coal sold to him by Kamal Uddin. Kamal Uddin obtained a decree against the present plaintiff as surety. In order to obtain a review the plaintiff deposited the amount of the decree under Section 17 of the Provincial Small Cause Courts Act. He made the deposit on the 5th of September, 1919. The application for review was dismissed and the creditor withdrew the money on the 21st of April, 1920, Subsequently the plaintiff brought the present suit to. recover the money from his principal filing his suit on the 20th of April, 1923. A plea was taken in the Court of Small Causes that the suit was barred by limitation under Article 81 of the Limitation Act. That article allows a period of three-years from the date 'when the surety pays the creditor.' It is urged that the date of the payment...
Mohammad Naqi Vs. Hargu Lal
Court: Allahabad
Decided on: Jun-24-1924
Reported in: 82Ind.Cas.1011
Boys, J.1. In this case one Kamal-ud-din brought a suit against Mohammad Naqi on behalf of whom the present plaintiff, Lala Hargu Lal, stood security for Mohammad Naqi, that the latter would pay the price of the coal sold to him by Kamal-ud-din. Kamal-ud-din obtained a decree against the present plaintiff as surety. In order to obtain a review the plaintiff deposited the amount of the decree under Section 17 of the Provincial Small Cause Courts Act. He made the deposit on the 5th of September 1919. The application for review was dismissed and the creditor withdrew the money on the 21st of April 1920. Subsequently the plaintiff brought the present suit to recover the money from his principal filing his suit on the 20th of April 1923. A plea was taken in the Court of Small Causes that the suit was barred by limitation under Article 81 of the Limitation Act. That Article allows a period of three years from the date 'when the surety pays the creditor.' It is urged that the date of the paym...
Musammat Ganga Dei Vs. Sukhdeo Prasad
Court: Allahabad
Decided on: Jun-24-1924
Reported in: 84Ind.Cas.624
Daniels, J.1. This is a Reference tinder the Court Fees Act. The plaintiff-appellant Musammat Ganga Devi is the wife of Beni Prasad alias Tirbeni Prasad. The latter has been adjudged a lunatic and the plaintiff sues as Manager of his property. Previous to his being adjudged a lunatic but while the proceedings were pending Tirbeni Prasad executed a deed of gift in favour of the defendants, and they have taken possession of the property there under. The pliantiff alleges that Tirbeni Prasad was a lunatic at the time when this deed of gift was executed and she has brought the suit for the following reliefs:(a) that it may be declared that the deed of gift executed by Tirbeni Prasad in favour of the defendant is invalid and void and that the defendant has thereby acquired no right in the property mentioned in the deed.(b) for actual possession of the land conveyed by the deed, and(c) for the recovery of the amount which the defendant has recovered under the deed.2. The Court below has foun...
Firm Hira Lal-umrao Singh Vs. Firm Sri Ram-brij Mohan Lal
Court: Allahabad
Decided on: Jun-23-1924
Reported in: AIR1925All102
Boys, J.1. The plaintiff sued the defendant on a balance of account on a series of transactions of the sale and purchase of Khatis is alleged to have been effected by the defendant through the plaintiff. The learned Judge of the Small Cause Court dismissed the suit holding that the transactions were wagering transactions. In civil revision here it has been urged that though the transactions were wagering transactions the plaintiff was an agent for the defendant in carrying out those transactions and that, therefore, though the wagering transactions in themselves may be void, the collateral liabilities as between the plaintiff as agent and the defendant as principal are unaffected and Mr. Bajpai for the applicant relief upon Jag at Narain v. Sri Krishna Das (1910) 33 All. 219. It is obvious that before the applicability of that case has to be considered it must tee clear that the plaintiff was not acting for himself as a principal and with the defendant as the other principal but was ac...
NaraIn and anr. Vs. Jagan
Court: Allahabad
Decided on: Jun-20-1924
Reported in: AIR1925All42; 80Ind.Cas.728
Mukerji, J.1. This appeal arises out of a suit for redemption. The plaintiff is the son of Parothan, who had a brother Angnu, and Angnu's son was Manogi. The plaintiff-respondent came to Court on the allegation that 24 to 25 years before the institution of this suit his father and Angnu mortgaged the property in suit, which is a plot of occupancy holding with a small area of 37 acres, in favour of the appellant's father Bodh Ahir for a sum of Rs. 20.2. The defence was that the original mortgage was one dated 1st Sawan on the dark side 1295 Fasli, for Rs. 23-8. But subsequently the two mortgagors and Angnu's son Manogi sold the mortgagors' rights in the plot for a sum of Rs. 55-8 to Bodh Ahir. The result was that since the execution of this deed on 29th June 1899, Bodh Ahir and after him his son and grandson have been in adverse possession of the land and no suit for redemption could be maintained. They also plead that if on a proper construction of the deed of 1899 the Court should fin...
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