Allahabad Court March 1925 Judgments
R.B. Abhainandan Prasad Vs. Bhagwan Datt Pathak and anr.
Court: Allahabad
Decided on: Mar-26-1925
Reported in: 88Ind.Cas.298
Sulaiman, J.1. This is a plaintiff's appeal arising out of a suit for arrears of profits. The position has arisen in a curious way. On the 15th of January 1920 one Rani Samujh executed a sale-deed in favour of the plaintiff Rai Bahadur Abhainandan Prasad under which he sold a certain share in village together with the arrears of profits in respect of sir and khudkasht lands due from the co-sharers on account of the previous years 1324, 1325 and 1326 Fasli, for a total sum of Rs. 1,000. A suit for pre-emption was brought by the present defendants with regard to the share sold and was ultimately decreed. The judgment in the pre-emption suit is not on this file but it is admitted that the decree for pre-emption was with regard to the share and it was on payment of the full consideration of Rs. 1,000.2. The plaintiff instituted the present suit in the Revenue Court claiming arrears of profits against the co-sharers. The Court of first instance granted the plaintiff a decree but on appeal t...
Tag this Judgment!Rudra Pratap Singh Vs. Sharda Mahesh Prasad Singh
Court: Allahabad
Decided on: Mar-25-1925
Reported in: AIR1925All471
1. This is an appeal by certain objectors arising out of an execution proceeding. Briefly stated the facts of the case are as follows : - A Hindu widow was in possession of a large estate situated in the district of Mirzapur and in 1913 she purported to surrender it in favour of Baijnath Prasad Singh, the father of Babu Rudra Pratap Singh, the present appellant. She died soon after and a suit was instituted by Raja Tejbali Singh, the father of Raja Sharda Mahesh Prasad Singh, the defendant-respondent, for recovery of possession of the property claiming it by right of lineal primogeniture. He impleadad certain relations of Baijnath Prasad Singh who were transferees from the widow but did not implead the present appellant, Babu Rudra Pratap Singh. In this suit we understand that the present appallanti actually appeared as a witness for his father at some stage of the proceedings and also joined his father in executing a security bond in order to obtain a temporary stay. The case was foug...
Tag this Judgment!Kashi Nath and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-25-1925
Reported in: AIR1925All518
Stuart, J.1. The only point which has-been argued on this application is the point of jurisdiction. The applicant's Counsel maintains that the gambling did not take place within the area to which the Act had bean extended by the Government Notification of the 14th June, 1910.2. The gamblers were gambling in a boat-which was on the Benares side of the midstream of the Ganges. After examining the Notification, I am of opinion that the Southern boundary of the area to which the Act extends is the North bank of the Ganges. Where the notification says 'the Ganges' I understand it to mean the North bank of the Ganges and not the mid-stream. It follows from this finding that no offence was committed because the gambling took place outside the area to which the Act applies.3. I therefore, allow this application and act aside the convictions and sentences. The fines, if paid, will be refunded. Those applicants who are in jail, will be released at once from custody. As I find that there was no c...
Tag this Judgment!Sultan and anr. Vs. Hardhiyan
Court: Allahabad
Decided on: Mar-25-1925
Reported in: AIR1925All548; 88Ind.Cas.294
Stuart, J.1. The facts in the suit under which this appeal arises, afford a good illustration of the difficulty to which a person may be put when he is endeavoring to enforce a document, which he holds against the heirs of a deceased executant.2. The plaintiffs' father, Surja, had transferred property on more than one occasion. In 1897 he executed a mortgage in favour of a certain Bakhshi. In 1900 he executed a usufructuary mortgage of the same property in favour of Hardhiyan, the present defendant-respondent. It is not clear how the mortgage of 1897 was satisfied, but it apparently was satisfied, for we hear no more of Bakhshi. Surja, although he executed the deed of usufructuary mortgage, did not give up the possession of the property, and executed another deed in 1905 by which his retention of possession was regularised and by which he mortgaged his equity of redemption under the deed of 1905 in security for the re-payment of the rent due upon the property, the satisfaction of which...
Tag this Judgment!Har Sarup and anr. Vs. Emperor
Court: Allahabad
Decided on: Mar-25-1925
Reported in: AIR1925All753
Piggott, J.1. Two brothers, Har Sarup and Harbans Lal, Kayasthas by caste, the former aged about 29 years and the latter his senior by 26 years, have been tried and convioted by the Sessions Court of Bijnor on a charge under Section 302 of the Indian Penal Code, alleging against them the wilful murder of their caste-fellow and neighbour Sham Lal. The record is before us for confirmation of the sentence of death passed by the Sessions Court. Both accused have submitted petitions of appeal, and the case has been argued by counsel on their behalf. The petitions of appeal follow the lines of the defence set up in the Sessions Court, though the accused were certainly most unwise to have reserved that defence for the Court of Sessions and not to have preferred it in full detail when they had an opportunity of doing so before the committing Magistrate. Up to a certain point the facts are scarcely in dispute. The two appellants lived in a house adjoining that of Sham Lal; in fact it would seem...
Tag this Judgment!Daleep Misir and ors. Vs. Jadunath Misir and ors.
Court: Allahabad
Decided on: Mar-25-1925
Reported in: AIR1926All573; 95Ind.Cas.178
1. In the trial Court this was a suit for redemption of a mortgage executed by Mt. Pavibri, widow of one Behari Misir. The plaintiffs represented themselves to be the next reversioners to Behari on the death of Mt. Pavitri. The trial Court dismissed the suit on the ground that the question as to the plaintiff's relationship with Behari had already been decided in a previous suit and, therefore, the present suit was barred under the principles of res judicata. On appeal the lower appellate Court disagreed with this opinion and remanded the suit. This is an appeal from that order of remand.2. The respondents' learned Counsel Dr. Agarwala put the point very shortly, so we need not discuss the reason given by the lower appellate Court. In the previous suit the plaintiffs were Deva Rai and Dwarka Rai and the present plaintiffs are not their direct descendants. In the former suit it was alleged that the plaintiffs of that suit were joint with Behari and that, therefore, Mt. Pavitri had no ri...
Tag this Judgment!Amir Vs. Emperor
Court: Allahabad
Decided on: Mar-24-1925
Reported in: AIR1925All498; 87Ind.Cas.927
Stuart, J.1. I am of opinion that there is considerable force in Mr. Saila Nath Mukerji's argument that no offence has been committed because the empty cartridge oases in question are incapable of being re-loaded in India. In any circumstances I regret the zeal which has caused the prosecution of this particular applicant. While the police were searching his house for stolen property (which was not present), they discovered in a looked box two empty brass 405 used cartridge cases. It seems almost impossible to suggest that the man could have retained cartridge cases for an improper purpose and he probably was refraining them owing to the incurable reluctance common to so many of his countrymen which prevents the throwing away anything, however, useless it may be. He may have kept them as curious or possibly he thought that some day ho might add them to a collection of rubbish and obtain something of the nature of one pice for their value as brass. In any circumstances it is difficult t...
Tag this Judgment!Dip Chand and ors. Vs. Muhammad Khalil
Court: Allahabad
Decided on: Mar-24-1925
Reported in: AIR1925All584
Boys, J.1. The plaintiff sought to enforce his right to possession of certain land by ejection of the defendants 1 to 3 and that the fourth defendant, the zamindar, be ordered to execute in favour of the plaintiff a perpetual lease in terms of the agreement entered into between the plaintiff and the fourth defendant who had received from the plaintiff a sum as nazrana.2. The first Court gave him damages only.3. The lower appellate Court gave him a decree ordering the zamindar to execute a registered lease in his favour conferring on him a right of occupancy in terms embodied in the receipt, Ex. No. 6, dated the 16th of March, 1919 and ordered that he be put in possession by ejectment of the defendants.4. The defendants 1-3 set up their possession founding their title on a compromise arrived at in a suit for ejectment brought against thorn by defendant No. 4 but that compromise has been found to be collusive and the defendants 1-3 now fall back on the plea that the plaintiffs cannot, in...
Tag this Judgment!Gulab Singh and anr. Vs. Emperor
Court: Allahabad
Decided on: Mar-24-1925
Reported in: AIR1925All751
Stuart, J.1. Commitments should only be quashed when on the face of it there is something of the nature of a fatal flaw in the prosecution. In this particular case there is a fatal flaw. There is no case in law at all. The two persons whom the committing Magistrate has ordered to be prosecuted for forgery under Section 466 of the Indian Penal Code are two railway clerks and the case against them is briefly this:They are responsible for the upkeep of certain registers. Two waggons containing coal arrived at Agra railway station and the consignee was given time till a certain hour to unload. He completed his unloading by a certain hour and the time of completion was recorded accordingly in the register; but he was not only, according to the view of the station master, obliged to complete unloading by a particular time in order to save payment of demurrage, but he was also responsible for putting the waggons in such a position as to enable them to be despatched; and if he did not have the...
Tag this Judgment!Mt. Misri Vs. Mt. Rajmati and anr.
Court: Allahabad
Decided on: Mar-23-1925
Reported in: AIR1926All103
1. The litigation out of which this appeal arises can best be explained by reference to a certain pedigree reproduced in the judgment of the trial Court at p. 92 of our record, together with certain relevant facts and dates which the learned Subordinate Judge has very conveniently appended to the said pedigree. The important names in the pedigree are Badri Das and Waziri Lal, commonly referred to in the evidence and the documents as Waziri Mal. These two persons were distant cousins, being descended in the male line from a common great-grandfather. They both died in the year 1881, Badri Das dying first. This gentleman resided at Srinagar in Garhwal, where he carried on business under the name and style of Ram Sahai-Badri Das. Waziri Mal, on the other hand, resided at Najibabad and carried on business there under the name and style of Ganga Ram Jawahir Lal. He died without male issue leaving him surviving a widow, Mt. Goman who died on 25th May 1912. Badri Das had a son by name Nannhu M...
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