Allahabad Court November 1927 Judgments
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Sri Maharaja Parbhu NaraIn Singh Saheb Bahadur Kashi Naresh Vs. Jai Ma ...
Court: Allahabad
Decided on: Nov-17-1927
Reported in: 108Ind.Cas.123
Boys, J. 1. In this case an appeal was filed in the Court of the Commissioner. When filed it was within time. It was returned for presentation to the proper Court, and was presented in the Court of the District Judge promptly. The appeal was there dismissed on the ground of limitation, and the plaintiff has come up here in second appeal. I am loath to engraft on to Section. 5 of the Limitation Act restrictions which do not appear in that section. That section only requires that the Court should be satisfied that the applicant 'had sufficient cause' for not preferring the appeal within the period of limitation. It is quite easy to refer to certain of the pleas and the issues in the judgment of the trial Court and to certain phrases in the judgment itself, and on those passages to say that it is quite clear that a question of proprietary rights arose.2. On the other hand, the suit was one primarily under Section. 150, and with reference to Section. 159 and Group C of the Schedule I do no...
Ram Rachha Tewari Vs. Girja Dat Pande and anr.
Court: Allahabad
Decided on: Nov-16-1927
Reported in: AIR1928All50
1. This pre-emption appeal is up for admission under Order 41, Rule 11. The question in the Courts below was whether the plaintiff had a right of pre-emption under Section 5, Agra Pre-emption Act. It was pleaded by way of defence that there was no such right inasmuch as no custom recognizing pre-emption had been recorded in respect of the area in which the property sold was situate.2. The first Court held in favour of this defence. The lower appellate Court held that there was a record of custom and that the plaintiff held a right under Section 5, Agra Pre-emption Act.3. It appears that the lands in dispute are included in a very large mauza called Dhimsa in the Gorakhpur district. This mauza contains a number of tolas, and it is said that the lands with which we are concerned are situated in a tola named Bharpur. The case for the defence is that this tola Bharpur is a 16 annas unit and that as no record of rights is shown to have been prepared in respect of it-a record showing the pre...
Paras Ram and ors. Vs. Neksai and ors.
Court: Allahabad
Decided on: Nov-16-1927
Reported in: AIR1928All67
1. We think the judgments of both the Courts below in this case are wrong. The suit was a suit for pre-emption and the transfer in respect of which the right of pre-emption was claimed was described as being a transfer by way of sale. Both the Courts below were of opinion that this transfer was 'tantamount to a sale' and, therefore, preemption was allowed.2. The facts may be stated very shortly as follows: By an arrangement which was made under a compromise decree one Jagarnath became liable to transfer a one pie-share of property which was coming to him, to one Puran to whom the other party to the decree in that compromise suit owed a sum of Rs. 545.3. Jagarnath, having got the property and being in a position to transfer this one pie share to Puran, as he was bound to do under the terms of the compromise decree just referred to, failed to convey it to Puran. Puran then resorted for help to three men, Paras Ram, Achhru and Phundi Lal and it was arranged between them that a suit should...
Bhagwati Saran Vs. Deo Saran Singh
Court: Allahabad
Decided on: Nov-16-1927
Reported in: AIR1928All166
Ashworth, J.1. These second appeals arise of two suits for profits brought by the plaintiff-appellant against one Matabadal, Iambardar, under Section 164, Tenancy Act. During the pendency of the suit Matabadal died, and the name of his son Deosaran was substituted as defendant on the allegation that he was the legal representative of his father Matabadal Singh, lambardar. Both suits were decreed by the Assistant Collector on the basis of gross collection, there being a finding that the lambardar had shown negligence in collection. This finding was based on the fact that his collection resulted in there being Rs. 200 for division among the cosharers, whereas collection of the total sum recorded as rental would have made no less than Rs. 2,565 available for division. It was also found by the trial Court that the deceased lambardar Matabadal had filed about half a dozen suits for arrears of rent, but that these too had been withdrawn by his son, presumably at a later date when the son was...
Radha Kishun Vs. Sita Ram Upadhya and ors.
Court: Allahabad
Decided on: Nov-16-1927
Reported in: 114Ind.Cas.45
1. Mr. Upadhiya has argued this case very ably and strenuously on behalf of the defendant-appellant, but he has not succeeded in convincing us that the decision of the Subordinate Judge is erroneous and that we should be justified in interfering with it.2. The suit was a suit by reversioners for possession of certain property, the last male owner of which was one Sheo Agyan Upadhiya who died in the year 1880. Sheo Agyan left a widow Musammat Subhrani who remained alive till the year 1923. Her daughter Musammat Manraji had predeceased her in the year 1911.3. It is clear on all hands and there is no doubt that when Musammat Subhrani died the present plaintiffs were the next reversioners of Sheo Agyan.4. The defendant in the suit was one Radha Kishun who was the father-in-law of Musammat Manraji, the daughter of Sheo Agyan, and he set up a title to certain property which he said had been conveyed to him by a deed of gift which was executed in or about the year 1895 in his favour by the wi...
In Re: Sri Yogashram Pharmacy Ltd. (In Liquidation)
Court: Allahabad
Decided on: Nov-15-1927
Reported in: AIR1928All265
Ashworth, J.1. This is an application for stay of execution of two decrees obtained against a company in voluntary liquidation. The decrees were obtained a few days before liquidation was resolved upon by the company. It is said that there are only these two decrees against the company, and that the assets of the company have only realized Rs. 800, while the liabilities of the company amount to Rs. 6,000. These decrees together amount to just over Rs. 100. No one appears for the decree-holder.2. This application is made under Section 215, Companies Act, which reproduces word for word Section 193 of the English Act of 1908. It enacts that the liquidator may apply to the Court to exercise any of the powers which the Court may exercise if the company were being wound up by the Court. I have asked the liquidator to explain what is the power that he wishes this Court to exercise, and in what section of the Act that power is described and defined. He refers to Sections 169,171 and 232, Compa...
Tara Kiran and anr. Vs. Harkishen Das and ors.
Court: Allahabad
Decided on: Nov-15-1927
Reported in: AIR1928All251; 108Ind.Cas.114
Sulaiman, J.1. This is a plaintiffs' appeal arising out of a suit for a declaration by the sons of Jagannath Prasad that the joint property belonging to the family was not attachable and saleable in execution of a simple money decree obtained by defendant 1 against their mother. The facts leading up to this litigation are as follows: Jagannath Prasad and his two minor sons, the present plaintiffs, formed a joint Hindu family and owned considerable property. About 1918, Jagannath Prasad became heavily indebted, though it is not clear that there were any mortgages on his estate in existence at that time. In October 1918, he was arrested in connexion with the Katarpur riot and admittedly remained in jail till August 1919, when he was actually convicted. At first he was ordered to be transported for life, but later on the sentence was reduced to one of seven years' imprisonment.2. On 10th February 1919, while Jagannath Prasad was in jail, he executed a deed of gift of a 5 biswas share in m...
Danna and anr. Vs. Emperor
Court: Allahabad
Decided on: Nov-15-1927
Reported in: 108Ind.Cas.689a
Boya, J.1. This judgment will govern Criminal Appeals Nos. 659 and 660 of 1927.2. There is not, in my opinion, any room for doubt that the three appellants have been properly convicted, and that the sentences are appropriate. There are, how-aver, one or two points that require mention. There was evidence that during the dacoity one of the dacoity addressed another as Kamal Singh, and the Sub-Inspector has given evidence in this case that he learns that one of the present appellants, Karey, was also known as Kamal Singh. On behalf of the Crown it is not pointed out to me that there is any other evidence of Karey being known as Kamal Singh, and the evidence of the Sub-Inspector is certainly inadmissible. It is merely hearsay evidence that Karey was known as Kamal Singh. I have, therefore, excluded that from consideration. It would have been different if one or more witnesses had been produced to say:--''I personally know this man and I know that he is known by both the names Karey or Kam...
Chaman Lal Vs. Hira Lal
Court: Allahabad
Decided on: Nov-14-1927
Reported in: 108Ind.Cas.158
Mukerji, J. 1. This application is for the revision of the order passed by the Judge, Small Cause Court, Meerut, on the 27th of April, 1927.2. It appears that the defendant, who is the applicant before this Court, was sued on foot of a promissory note by the respondent. The promissory note recited that on settlement of a certain account, a sum of Rs. 300 was found due by the defendant and he was accordingly giving the promissory note to secure the said amount. The defendant, in his defence, wanted to prove that at the date of the settlement of account there was a sum of Rs. 500 outstanding against him. His case was that he had deposited in the plaintiff's treasury a sum of Rs. 500 but the payment could not be traced. It was accordingly arranged that after allowing a set off of Rs. 200 due to the defendant, the latter should execute the promissory note for Rs. 300. It was further agreed that in case the payment of the aforesaid, sum of3. Rs. 500 was established, the plaintiff would be e...
Kishan Lal Vs. Emperor
Court: Allahabad
Decided on: Nov-13-1927
Reported in: AIR1928All254; 108Ind.Cas.148
ORDERAshworth, J.1. In this case the Chairman of the Municipal Board of Ghaziabad sanctioned the prosecution of one Kishen Lal under Section 4, U.P. Prevention of Adulteration Act (6 of 1912) for exposing for sale adulterated ghi. The accused was convicted by a Deputy Magistrate. The Sessions Judge of Meerut has referred the matter to this Court on the ground that the prosecution was legally incorrect, as the Municipal Board had at a meeting expressed the opinion that a prosecution was not necessary. The Deputy Magistrate has explained that under Section 50 (e), the Board at Ghaziabad could only exercise the particular function of sanctioning prosecutions through its Chairman. The., Sessions Judge had apparently overlooked this provision. In view of this provision it would make no difference to the legality of the sanction that the Board may have expressed itself against prosecution, even if it formally resolved against prosecution. In such a case the Chairman is the Board and his Act ...
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