Allahabad Court January 1925 Judgments
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Samir Khan and ors. Vs. Basi Ram and ors.
Court: Allahabad
Decided on: Jan-08-1925
Reported in: AIR1925All821; 87Ind.Cas.659
Mukerji, J.1. No second appeal lies in this case. The suit was brought by the plaintiffs-respondents on the allegation that they were the owners of certain groves, that they had sold the crop of the groves for a particular season to the defendants-appellants for a sum of Rs. 50, that they had paid Rs. 1 as earnest money and had failed to pay the balance.2. The suit succeeded partly in the Court of first instance and wholly in the Court of first appeal.3. The defence was that the defendants were the occupancy tenants of the land and the grove, and they never purchased any crop.4. The first question that struck me at hearing of the appeal was that no second appeal lay to this Court. The learned Counsel for the appellants has relied on two cases: one decided by this Court and the other decided by the Calcutta High Court. The case of this Court was that of Churaman v. Balli (1887) 9 All. 591. In this case the suit was for recovery of Rs. 25 per year as Malikana and the decision of the Cour...
Brij Raj and ors. Vs. Ram Sarup and ors.
Court: Allahabad
Decided on: Jan-08-1925
Reported in: AIR1926All36; 90Ind.Cas.749
Lindsay, J.1. This litigation has its origin in a deed of sale executed on the 30th of September, 1914, by one Sita Ram and his mother Mt. Parbati in favour of Haji Muhammad Ghafoor Bakhsh, by which the executants purported to convey certain shares in kasba Ujhani and mauza Mahona for a sum of Rs. 13,110 in order to satisfy certain debts and to meet personal expenses. It was represented in the document that the houses in which the vendors were living had been advertised for sale and had to be saved. It was stated moreover in the deed that Sita Ram was the only heir of Mt. Parbati and that he and she were competent to sell the property. Sita Ram further stated that he had an only son, Deo Dat who had given his consent to the sale. This was a false statement for it appears that he had no less than eight sons.2. In the deed of sale the details of consideration are set out. It appears that there were a number of debts owing which the vendee undertook to pay, and amongst these was a decreta...
Nathu and anr. Vs. Lala Ram Sarup and ors.
Court: Allahabad
Decided on: Jan-08-1925
Reported in: 87Ind.Cas.700
1. This is a defendants' appeal arising out of a suit for the sale on the basis of a mortgage-deed executed on the 4th of July 1911 by two brothers, Nathu and Faqira, the defendants.2. The defendants, inter alia pleaded that Nathu's son Chhajju who is a minor and a member of a joint Hindu family had not been impleaded. The plaintiffs did not choose to implead him in this case and it is unfortunate that the Court of first instance also perhaps to avoid complications did not think it worthwhile to bring him on the record and thus dispose of all possible disputes.3. The Court of first instance, however, dismissed the claim on the ground that Chhajju, the minor member of the family had not been impleaded and the suit, therefore, was defective on the ground of nonjoinder. In this, reliance was placed on the case of Shiam Sunder Lal v. Budhu Lal 24 Ind. Cas. 252 : 12 A.L.J. 7944. The lower Appellate Court has allowed the appeal and held that the suit could not fail on the ground of non-joind...
Badri Das Vs. Hoshiar Singh
Court: Allahabad
Decided on: Jan-07-1925
Reported in: AIR1925All288
1. This is a decree-holder's appeal arising out of an application foe execution. A decree of the basis of a promissory note of the year 1919 was obtained by the decree-holder against the father of the present respondents. After the death of the judgmeat-debtor the decree was sought to be executed by attachment of certain properties in the hands of the sons as parsons in possession of the assets of the deceased. The sons filed objections in the execution Court pleading that they had been separate from their deceased father and that the property in their hands was their exclusive and separate property and was not liable to be attached in execution of the decree.2. In their objections they referred to an award of 1914 followed by a decree of the Civil Court under which the family estate had been partitioned between the father and the sons. The Court of first instance relying on that award and decree allowed the objections. The decree-holder appealed from that order.3. Before the appellate...
Raghunath Upadia and ors. Vs. Emperor
Court: Allahabad
Decided on: Jan-07-1925
Reported in: AIR1925All311a
Piggott, J.1. I agree with the learned Sessions Judge. I set aside the Magistrate's order under Section 133 of the Code of Criminal Procedure. If the District Magistrate thinks that further proceedings ought to be taken in the matter, he is at liberty to take such proceedings himself, or to send the case to any Magistrate of the first class subordinate to him, other than the Magistrate who passed the order now set aside. The proceedings may be taken up at the stage at which the present applicant filed their written statement of the 16th August, 1924....
Nathu Mal Vs. Emperor
Court: Allahabad
Decided on: Jan-07-1925
Reported in: AIR1925All309
Mukerji, J.1. These are twelve applications in revision against the applicants' conviction under Section 3 of the Public Gambling Act of 1867.2. The whole question to be determined in these petitions is whether the applicants were keeping what may be styled as a 'common gaming house.'3. The facts found are these. There is an enclosure or 'barah' belonging to a firm Piru Mal Radha Baman. It was let out to three persons, Gopal Das, Mul Chand and Nathu Mal who are among the applicants. They, in their turn, sub-let the premises to other people so that there were 31 compartments in all. In all these 31 compartments gambling was going on when the police made a raid. The following method was pursued in this particular gambling. The person occupying a booth had some receipt books and sheets of papors. These were undoubtedly instruments of gambling in these cases. A customer came and he said that he would bet so much against so much, if a particular figure formed one of the two last digits of t...
Emperor Vs. Madho Singh
Court: Allahabad
Decided on: Jan-07-1925
Reported in: AIR1925All318a
Piggott, J.1. The real question raised by this reference is whether this Court will interfere in revision with an order of acquittal passed by a Magistrate of competent jurisdiction, on a prosecution for an [alleged offence under Section 225 B of the Indian Penal Code, irregularly instituted on a report sent in by the Munsif of Fatehabad which was treated as a complaint. This question I answer in the negative; the Magistrate was substantially right in his view of the law and is to be congratulated on his handling of the case. The learned Sessions Judge has referred the matter to this Court in order to obtain a ruling on two questions of law. I would not encourage the submission offreferences with this object in view when the sessions Court does not really dissent from the actual decision arrived at. In this instance, however, I am prepared to answer the questions as stated in the referring order. To the first question the answer is that the 'servant of the Court' should file a complain...
Manki Kunwar Vs. Kundan Kunwar
Court: Allahabad
Decided on: Jan-07-1925
Reported in: AIR1925All375; 87Ind.Cas.121
1. This was a suit of a rather unusual but quite interesting character. It wag a suit between two sisters, and the plaintiff claimed that she was entitled to a share to the extent of one-half of the entire property left by her father. In ordinary circumstances that claim was undoubtedly a good one in law, there boing only herself, the plaintiff, and her sister, Kundan Kunwar, as the survivors of the father at the time of the claim. The defendant set up the plea that the plaintiff was a wealthy woman whilst she, the defendant, was very poor. She thereby invoked the statement of law recorded in the Mitakahara to the effect that the sister who is ' unprovoked for,' shall take precedence over the sister who is 'enriched.' The learned Subordinate Judge took the view that the action should fail on the ground that the plaintiff was a rich woman; that the defendant was a very poor woman and that the authority of the Mitakshara gave to the defendant the right to succeed to the whole of the fath...
Ram Autar Vs. Emperor
Court: Allahabad
Decided on: Jan-07-1925
Reported in: AIR1925All478; 87Ind.Cas.846
Mukerji, J.1. The applicant has been convicted of the offence under Section 411 of the Indian Penal Code and the allegation against him is that he was in possession of a stolen lota and a stolen thali.2. This application in revision, in my opinion, should succeed on two grounds. First the whole case is a very suspicious one, and, secondly, even if all the facts found by the learned Sessions Judge in appeal be accepted, it has not been established that the appellant was in possession of the stolen articles.3. On the first point. The judgment of the learned Sessions Judge leaves an impression on the mind that the accusation was more or less reckless and that the appellant was charged with having stolen more things than have been established to have bean stolen property.4. Coming to the second point. It appears that the goods were found in a room which had no shutters and which was accessible to all the members of a joint family. Here we have at least the appellant, and his father, Ganga ...
Mitar SaIn and anr. Vs. Data Ram
Court: Allahabad
Decided on: Jan-07-1925
Reported in: AIR1926All7; 87Ind.Cas.724
Mukerji, J.1. These two appeals arise out of the same suit instituted by two persons, Mitter Sen and Gurusaran Das, against one Data Ram. It appears that one Dalip Singh, deceased, a Jain Agarwal, died some years ago and was succeeded by his wife Mt. Manohri. Mt. Manohri, shortly before her death, adopted Data Ram. The adoption took place on 27th October 1918. The plaintiffs are Manohri's brothers. On 12th December 1918 Mt. Manohri executed a document which is described in the document itself as a will and a deed of adoption. By this document she declared that she had taken Data Ram, a near relation of hers, as her adopted son and that on her death he would be the absolute owner of the entire property. She however directed by this document Data Ram to make certain payments. Among these directions one was to the effect that Data Ram was to pay a sum of Rs. 15,000 to the plaintiffs, her brothers, within a period of 15 years. At about the end of the document Mt. Manohri declared that in c...
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