Allahabad Court July 1926 Judgments
Lachmi NaraIn Vs. Ram Bharosey
Court: Allahabad
Decided on: Jul-29-1926
Reported in: AIR1926All764; 97Ind.Cas.500
Mukerji, J.1. To understand the facts of this appeal it will be necessary to look at two plans which I have marked for the sake of identification with my own initials and have numbered them as 1 and 2. The parties are neighbours. The plan LGM 1 will show that the plaintiff's house lies to the south-east corner. There is a piece of land which is described as the land in dispute. To the east of that land is the defendant's house. It occupies almost the whole of the eastern boundary of the land. To the south of the land are a temple and a house besides the plaintiff's platform which is really nothing but a stepping stone into the plaintiff's house which is to the further south. To the west of the land is a public road and to the north is a third person's house. The plaintiff's house is shown in map LGM 2. If the lines AB and CD be fitted on to the lines AB and CD on the plan LGM 1 a clear idea of the whole situation could be made. The house of the plaintiff is already mentioned, lies to t...
Tag this Judgment!Bhagwan Das Vs. Emperor
Court: Allahabad
Decided on: Jul-29-1926
Reported in: AIR1927All116
1. This is an appeal by one Bhagwan Das the editor of a paper known as the Awas in Meerut. The case was tried by a Jury. The charge against him was one of libel under Section 500 of the Penal Code and the allegation was that he had published in his newspaper continuously a series of defamatory statements and personal criticisms upon Mr. Grant, Collector of Saharanpur. Mr. Nehal Chand, a Barrister of great experience in this Court, has represented the appellant here, and he has been unable to find fault with the heads of the charge, and in the ordinary way that would dispose of this case, but it happens to be that the Collector of Saharanpur is a European and the appellant an Indian, and, therefore, the new provision in the current Criminal P.C. compels this Court to entertain an appeal upon the facts as well as upon law.2. From first to last throughout the proceedings there is not to be found a trace even of an attempt by the appellant to justify the statements which he made about the ...
Tag this Judgment!Ram Rekha Singh and ors. Vs. Ganga Prasad Mukaraddhwaj and ors.
Court: Allahabad
Decided on: Jul-27-1926
Reported in: AIR1926All545; 97Ind.Cas.514
1. In view of a difference of opinion as disclosed by certain unreported cases, this appeal has been referred to a Full Bench. The facts are as follows: The great-grandfather and the grandfathers of the plaintiffs executed a mortgage deed of joint family property in 1889 in favour of the ancestor of the contesting defendants. The present plaintiffs were not then born but the fathers of the plaintiffs were alive and did not join in the deed. Between 1889 and 1910 three of the plaintiffs were born and by birth acquired an interest in the family property. Before the period allowed by Section 31 of the Limitation Act of 1908 expired, the fathers of the plaintiffs acting for themselves and as guardians of their minor sons, jointly with the uncle and the grandfather of the Plaintiff No. 3, executed a fresh mortgage-deed of the same property in favour of the same mortgagee and in lieu of the bulk of the amount due on the previous document, the remaining portion being remitted. In 1920 the mor...
Tag this Judgment!Emperor Vs. Bhairon and ors.
Court: Allahabad
Decided on: Jul-27-1926
Reported in: AIR1927All50; 97Ind.Cas.428
1. This is a Government revision from a decision of the Sessions Judge of Allahabad, reversing an order made by the Magistrate of Allahabad under Section 109, Criminal P.C., directing the persons prosecuted to execute bonds with sureties to be of good behaviour. At the hearing before the Magistrate there was a contest on the facts, but the question comes before us as a question of law, and of the true interpretation of the section. The facts are clearly established. The, three persons in question are Pasis by caste but are not registered members of a criminal tribe. They are residents of a neighbouring village to that in which the incident occurred. They were found together in the dark, late in the evening, outside a house, where they were probably lurking with the intention of committing house trespass. Matches and a house-breaking implement were found upon one of them. When they were challenged by the police they ran away, and when they were caught they are alleged to have given fals...
Tag this Judgment!Jia Lal and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-27-1926
Reported in: AIR1927All108
1. This is an appeal which certainly does present peculiar and interesting features, particularly from the legal point of view. It has been extremely well argued and one may say at once that if it were not for a verdict standing against him of a jury given after an almost perfect example of summing up, Mr. Shinde, who appears for the appellants, would have had a very strong case for shaking one's confidence in the actual result as it stands, for, on the view which we are forced to take the result is not unlikely to appear to what is called, 'the man in the street,' as a somewhat incongruous one; but we do not shrink from that conclusion because we are satisfied that it is the inevitable result of the application of the legal principles by which in an appellate Court we are bound.2. The charge in substance was robbery with murder, under circumstances which really make such an offence one offence and not two. On the face of it the murder arose out of and could only have been committed in...
Tag this Judgment!HusaIn Vs. Notified Area
Court: Allahabad
Decided on: Jul-27-1926
Reported in: AIR1927All131; 97Ind.Cas.432
Banerji, J.1. This is an application in revision under the following circumstances:Husain, the petitioner, was served with a notice on the 15th December 1925, that he should demolish within 24 hours certain construction. I must say that the notice was a most unreasonable one in that the petitioner was asked to demolish the house within 24 hours; but I have got nothing whatever to do with that. All that I have got to see is whether Husain has been rightly convicted.2. It has been argued on behalf of Husain that the prosecution is incomplete, because no person has filed the complaint and has been examined as prosecution witness, who had been authorized by the Notified Area of Mahoba under Section 314 of the Municipalities Act. In my opinion there is no force in this contention. I have examined the record, and I find that on the 2nd February 1926, the Notified Area of Mahoba did pass a resolution unanimously that the petitioner should be prosecuted for disobeying the notice, which was ser...
Tag this Judgment!Khelawan Vs. King-emperor
Court: Allahabad
Decided on: Jul-26-1926
Reported in: AIR1927All104
1. This is an appeal by one Khelawan Chamar from a conviction under Section 302 of the Indian Penal Code and a sentence of transportation for life and a conviction under Section 328, of the Indian Penal Code and a sentence of seven years' rigorous imprisonment, which would, of course, run concurrently with the sentence of transportation for life. The convictions and sentences have been arrived at in consequence of the act of the appellant in giving powdered dhatura seed in some sattu, possibly with the addition of some gur, to two men Jaichu and Baran.2. The facts of the case are very clearly set out in the judgment of the trial Court. It is the usual story of greed to obtain possession of a few rupees which were in the possession of Baran. With the usual sort of introductory conversation and proposals to obtain the confidence of his victims the appellant succeeded in inducing them to partake of some 'sattu' which he had with him. Then he disappeared on the pretext of going to case him...
Tag this Judgment!Abdul Alim Vs. King-emperor
Court: Allahabad
Decided on: Jul-26-1926
Reported in: AIR1927All105
1. This case has been referred by the learned Sessions Judge of Ghazipur for confirmation of the death sentence passed on one Abdul Alim alias Allan for the murder of a youth named Babu on the evening of the 27th 'March. We feel that there is very little that we can add to the admirable judgment of the learned Sessions Judge who has considered every point both for and against the accused. In fact, the argument which has been addressed to us has been, based almost entirely on the question of sentence. This Allan is a man of about 45 or 50 years of age, who appears to be of a quarrelsome disposition and he is on very bad terms with his younger brother Mallan. Recently there had been fresh cause of annoyance between these two brothers and it must be assumed, that the feelings of Allan towards his brother and those persons who are connected with his brother were extremely bitter. On this occasion he had gone out in the evening after breaking his fast, for it was the month of Ramzan, and he...
Tag this Judgment!Sri Niwas Vs. Azizullah and ors.
Court: Allahabad
Decided on: Jul-16-1926
Reported in: AIR1927All690; 103Ind.Cas.285
Boys, J.1. This is a defendant's appeal. Plaintiff sued for a declaration that he was proprietor of a certain grove. His claim has been decreed by both Courts.2. The facts are that one Sadullah on the 25th July 1889, sold some of his property to one Lala Baburam, whose son Sri Niwas is the present defendant appellant. From that sale-deed Sadullah's share in No. 415/2 was expressly excluded. This share has descended now to the present plaintiff-respondent Azizullah, his son. It appears from the judgment of the lower appellate Court and from a copy of the decree that has been filed (there is no copy of the judgment) that Sri Niwas sued Sadullah for rent and the suit was undefended and Sri Niwas got a decree. Subsequently Sri Niwas sued in the revenue Court to eject Azizullah, Azizullah pleaded proprietary right whereupon the revenue Court referred him to a civil Court. Hence the present suit.3. The first outstanding fact is that Sri Niwas did not in that suit for ejectment, in order to c...
Tag this Judgment!Sheo Dayal Nirajan Lal Vs. Great Indian Peninsula Railway Company
Court: Allahabad
Decided on: Jul-15-1926
Reported in: AIR1926All698
1. This is an appeal by the plaintiffs in the original suit, who sought the recovery of the value of goods lost, the amount of a certain overcharge alleged to have been paid and damages against the respondent G.I.P. Railway Company.2. The suit was dismissed by the lower appellate Court on the sole ground that no notice, as required by Section 77 of the Indian Railways Act, was given by the plaintiffs.3. The facts involved are briefly these:4. On the 26th of January 1920 the plaintiffs' agent, who was impleaded as the Defendant No. 2, and against whom no relief was claimed, despatched 58 bags of raw sugar, 32 bags of wheat and 11 bags of refined sugar to the plaintiffs in the district of Banda. The consignment was sent from Hapur. Strange though it may sound, it is a fact, that the goods did not reach their destination till the 29th of October 1920. On this date it was discovered that the consignment was short by 17 bags made up of different kinds of the commodity. The plaintiffs gave n...
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