Allahabad Court February 1926 Judgments
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Lala Sohan Lal Vs. Lala Makhan Lal
Court: Allahabad
Decided on: Feb-23-1926
Reported in: 94Ind.Cas.171
Dalal, J.1. In my opinion the learned District Judge has taken the correct view of the law on the subject. The plaintiff is the owner of about half share in a certain khewat and sued the defendant, the other co-sharer, for rendition of account and recovery of balance due to him. It so happens that the plaintiff is purchaser of the share of one Chandan who was the original proprietor and held all the land in sir. Chandan on the sale of his property became ex proprietary tenant and a rent of Rs. 26 was then fixed for his holding. The defendant does not hold sir land but collects rent to the extent of Rs. 92 from tenants for the balance of the land. The plaintiff's claim was that he should obtain half of Rs. 26 plus Rs. 92 after giving deduction for Rs. 26 realized by him. The learned District Judge accepted this position as correct. The defendant has appealed and on his behalf it was argued here that the plaintiff should be satisfied with the rent which he received from the ex-proprietor...
Dharam Singh and ors. Vs. Bakhshi
Court: Allahabad
Decided on: Feb-22-1926
Reported in: AIR1926All425; 94Ind.Cas.315
Dalal, J.1. The lower appellate Court has written a vary scrappy judgment in a very interesting case under the Hindu Law. The father of the three defendants-appellants, one Sarnam by name, was adopted by Kura. This is now a finding of fact and cannot be questioned in second appeal. I shall consider the facts of the case accepting the finding. There was disagreement between the trial Court and the lower appellate Court. It is another finding of fact which I accept because it has been so held by both the Subordinate Courts that plaintiff was adopted by Kura after the death of his natural father Mehru. On this ground the trial Court held that Sarnam having inherited a share in his natural father's property cannot be divested of that property on adoption by Kura. The plaintiff who, as is usual, came to Court on false allegations, alleged falsely that the defendants had never been in possession of the property and that their father ceased to be in possession on his adoption. This case was q...
Pearey Lal Vs. Sukhan Ram and anr.
Court: Allahabad
Decided on: Feb-22-1926
Reported in: AIR1926All478
Dalal, J.1. This second appeal is filed wrongly, in my opinion, with respect to deficiency of stamp duty and penalty recovered by the Subordinate Judge from the defendant appellant Pearey Lal. The subordinate Courts have been in error, but that is not a sufficient reason for this Court to continue therein. The proper procedure to be adopted by the Subordinate Judge is one laid down in Sections 33 and 38 of the Stamp Act. Since the Subordinate Judge discovered that an instrument presented to him was insufficiently stamped he was bound to impound it. The words of the first part of Section 33 of the Stamp Act leave no option in the matter. After impounding he has to proceed under Section 38 of the Stamp Act. In this case he admitted the instrument in evidence upon payment of a penalty and of deficient duty, so he was bound to send to the Collector an authenticated copy of the instrument on which the duty and penalty were levied together with a certificate in writing, stating the amount of...
Mulchand Nemi Chand Vs. Basdeo Ram Sarup
Court: Allahabad
Decided on: Feb-22-1926
Reported in: AIR1926All695; 94Ind.Cas.425
Mears, C.J.1. This is an appeal from the judgment of the Additional Sessions Judge of Agra who on the 25th of April 1922 gave the plaintiffs a decree for Rs. 12,800 damages on account of the destruction by fire of the major portion of a house owned by them on the ground that such fire originated through the negligence of the defendants.2. The defendants are bankers at Ajmere. They also carry on the business of cotton commission agents at Agra and elsewhere and are a firm of high financial repute.3. On the 25th of March 1920 they had occasion to require premises at Agra to store some 388 bales of cotton of which 363 were the property of a firm Sukar Nand Shyam Lal. They hired on monthly rent a big room on the ground floor of the plaintiff's house at Belanganj, Agra. There they deposited the cotton. This cotton, was of the 1919 season and remained in that room throughout the hot weather of April, May and June 1920.4. There were three doors to the room, but no ventilation; and when the do...
In Re: Ahmad Ashrab, Vakil
Court: Allahabad
Decided on: Feb-22-1926
Reported in: AIR1927All45
1. On the 15th of July 1924, Mr. Tej Narain Mulla, Session Judge of Gorakhpur, sentenced a Vakil named Raghubir Prasad, to two concurrent sentences of five years' rigorous imprisonment for offences coming within under Sections 466 and 193 of the Indian Penal Code. These offences were committed by Raghubir Prasad and others in the course of a Civil Suit No. 298 of 1923, Hari Har Prasad v. Shyam Lal, At the close of the judgment (page 65) the learned Sessions Judge called the attention of the High Court to the conduct of Ahmad Ashraf, a Vakil engaged along with Raghubir Prasad, particularly in relation to a document, Ex. 37, and to certain statements made by him when under examination by the Committing Magistrate under Section 164 of the Criminal P.C. which the learned Sessions Judge believed to be deliberately untrue.2. The appeal of Raghubir Prasad having been heard by a Bench of this Court and dismissed, notice was issued to Ahmad Ashraf to show cause why disciplinary action should no...
Girdhari Lal Vs. Ram Charan Lal
Court: Allahabad
Decided on: Feb-19-1926
Reported in: AIR1926All331; 94Ind.Cas.613
Kanhaiya Lal, J.1. This appeal arises out of an execution proceeding and the sole question for consideration is whether the application is barred by limitation. It appears that a decree was obtained by Ram Charan against Girdhari Lal, the predecessor of the present appellant, and certain other parsons on the 30th July 1910. The last application for execution was made on the 30th July 1921; and in execution of that decree certain ancestral property was ordered to be sold. The proceeding connected with the sale were transferred to the Collector under Section 68 of the Civil P.C. The Collector fixed a date for holding the sale but on that date there was no bidder; and as the decree-holder was not present at the time to ask for further action he sent the papers back to the Court which had directed the sale. The papers reached the Court on the 24th February 1923 and it passed an order on She same day striking out the execution proceeding for default.2. On the 26th February 1923 the decree-h...
Damodar Das Vs. Muhammad Ismail
Court: Allahabad
Decided on: Feb-19-1926
Reported in: AIR1926All419
Mukerji, J.1. This second appeal relates to nothing but a question of costs and in my opinion no second appeal on a pure question of costs should be allowed to be maintained where two Courts below have expressed the same opinion.2. In a suit brought against the present appellant, a pure declaratory decree was sought for, and, as appears from the judgment; of the first Court, at a somewhat late stage, the appellant took the plea that a purely declaratory suit was not maintainable. The Court of first instance sustained the plea and dismissed the suit, but on the ground that the pie had been taken late, ordered that the parties should pay their own costs. In other words, it deprived the successful defendants of their costs. An appeal was taken to the lower appellate Court and the learned District Judge said that he was not satisfied that sufficient cause had been made out to justify him is interfering with the direction of the lower Court.3. A second appeal can lie if the decision be cont...
Nannu Mal Vs. Ram Prasad
Court: Allahabad
Decided on: Feb-19-1926
Reported in: AIR1926All672
1. This appeal must be allowed. We do not say that the view taken by the learned Judge is not in many cases, perhaps in most cases, a perfectly sound view to take. What we mean by that is this. As a general rule, however wide and unsatisfactory a claim in the plaint may be, it is better for the Munsif or the trial Court to take the plaintiff's evidence before he dismisses it. The evidence of the plaintiff may improve the plaint and the plaintiff may, if no evidence at all is taken, open up argument in the appellate Court as to whether it is not possible for the plaintiff to make out some sort of a case at the trial. In the second place, as a general rule, an amendment, what is sought to be made by the plaintiff's pleader before the trial with a view to curing a detect in the pleading or bringing the matter more clearly before the Court or including some matter, which the plaintiff omitted to inform his pleader, ought to be allowed. It is discretionary; and, if the Court in the exercise...
Dulli Vs. Mangli and ors.
Court: Allahabad
Decided on: Feb-18-1926
Reported in: AIR1926All332; 94Ind.Cas.132
1. On an application made by a relation of a deceased person a learned Judge of this Court issued notice to four persons to show cause why the sentence passed on them by the learned Sessions Judge of Fatehpur should not be enhanced. The four men have been convicted of an offence under Section 323 of the Indian Penal Code and the maximum sentence has been passed. The question, therefore, will arise of an alteration in the conviction if the sentence has to be enhanced.2. The facts as found by the learned Judge are that one Maiku was attacked with lathis by these four men and extensive injuries were caused to him. He died immediately after, and at the post mortem examination it was found that his ribs had been broken. According to the medical witness death was due to rapture of the spleen resulting from the fracture of the ribs. The spleen was not enlarged. The learned Judge acquitted the accused persons of an offence under Section 302 of the Indian Penal Code but did not consider whether...
Om Prakash and anr. Vs. Moti Ram
Court: Allahabad
Decided on: Feb-18-1926
Reported in: AIR1926All447; 94Ind.Cas.175
Mukerji, J.1. This appeal arises out of certain insolvency proceedings. One Lachhman Das became an insolvent and the Official Receiver, B. Moti Ram, took possession of a certain property of the insolvent and sold the same to a certain party. Two sons of the insolvent put in a petition before the learned District Judge praying that two-thirds of the property should not be delivered to the purchaser, but should be reserved for themselves. They said that the father had only a third share in the property, and that alone should go to the purchaser. The Official Receiver produced the case of Bawan Das v. C.M. Chiene AIR 1922 All 79 before the learned Judge, and following that case the learned Judge dismissed the petition of the sons. The sons have appealed.2. It has been argued that the authority of this Court should be treated as having been overruled by a recent pronouncement of their Lordships of the Privy Council to be found reported in Sat Narain v. Behari Lal .3. It has been said on th...
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