Allahabad Court December 1927 Judgments
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Ram Rup Teli Vs. Khaderu Teli and ors.
Court: Allahabad
Decided on: Dec-05-1927
Reported in: AIR1928All619; 108Ind.Cas.130
Mukerji, J.1. The plaintiff in the Court of first instance is the appellant before me. He sued the respondents, Khaderu Teli and several others, on the allegation that the defendants other than Khaderu Teli and he, the plaintiff himself, once formed a joint Hindu family. While the family was joint Bihari Lal, the father of defendant 2, as the then head of the family, purchased the property in suit in the name of defendant 1. Bihari Lal had made similar purchases in the names of people other than members of the family, but no dispute arose in respect of those properties. There was a partition in the family, and the property In suit fell into the share of the plaintiff. The plaintiff has, however, been resisted by the auction-purchaser, defendant 1, and he has therefore brought this suit to have his right established and for possession.2. The defence of Khaderu was that he was the real purchaser of the property, and that Section 66, Civil P.C., barred the suit.3. The trial Court held tha...
In Re: Makund Sarup
Court: Allahabad
Decided on: Dec-02-1927
Reported in: AIR1928All81
Sulaiman, J.1. This is a reference under Section 66, Income-tax Act, 1922. It appears that Munshi Makund Sarup in submitting his income-tax returns for the years 1925-26 and 1926-27 did not include the income derived by him from certain usufructuary mortgages in his favour. The income-tax officer on this discovery came to the conclusion that such income was derived from money-lending business and was not derived from landed property and, therefore, liable to income-tax. The assessee appealed to the Assistant Commissioner, who relying upon a Full Bench decision of the Madras High Court in the case of Subramanya Sastrigal (reported in Mr. P.R. Srinivasan's Reports of Income-tax cases, volume II, part III, p. 152) dismissed the appeal. The assessee then requested the Commissioner to refer the question of law which arose in this case to the High Court. The Commissioner has formulated the question for consideration in the following words:If a person carrying on money-lending business lends ...
Jai NaraIn Singh Vs. Munna Lal and ors.
Court: Allahabad
Decided on: Dec-02-1927
Reported in: AIR1928All92
1. The appellant in this case is an unsuccessful plaintiff who brought a suit in the Court of the Subordinate Judge of Aligarh for the purpose of avoiding a certain sale in execution of a decree.2. The decree under which this sale took place had been passed against a widow, Mt. Lachman Kuar, on the basis of two mortgages executed by her, and the case for the plaintiff, who claimed to be the reversioner, was that these two mortgages had been executed by Mt. Lachman Kuar without any legal necessity and that consequently neither they nor the decree which was obtained upon them bound the estate in his, the plaintiff's, hands. A number of defendants were impleaded, one of them being the auction-purchaser. The defendants second party are said to be persons who have taken transfers from the defendants first party.3. The Subordinate Judge dismissed the plaintiff's suit, being of opinion that the mortgages just referred to had been executed for legal necessity and were binding upon the estate. ...
In Re: Shyam Sunder Lal, Shankar Lal
Court: Allahabad
Decided on: Dec-02-1927
Reported in: AIR1928All162
Sulaiman, J.1. This is a reference under Section 57 (1), Sub-clause (b), Stamp Act 1899. The facts as stated in the reference are that a document, called a sarkhat, was executed by Messrs. Shyam Sunder Lal, Shankar Lal agreeing to pay interest at Rs. 1-4-0 per cent. per mensem. The top portion which contained the agreement to pay interest was signed by these two persons. Below their signatures there was a first entry of Rs. 500 as having been advanced to these men on the same date. Then followed entries of a number of items on the credit side and also entries of a number of items on the debit side. These however were neither totalled nor signed again. The document bore a stamp of eight annas. The impounding officer seems to be of opinion that every entry of borrowing is a separate agreement and ought to be stamped separately.2. The document is very peculiar and is on the facts stated in the reference, not like an ordinary mahajan's receipt written by the creditor and handed over to the...
Rahmat Vs. Ganeshi Lal
Court: Allahabad
Decided on: Dec-02-1927
Reported in: AIR1928All264; 108Ind.Cas.733
Lindsay, J.1. The proceedings which have given rise to this appeal were taken under Section 154, Agra Tenancy Act, by one Ganeshi Lal who claimed to be the zamindar of these plots of land specified in the plaint. The defendants to the suit were Ramzan Shah and others. The case of the plaintiff, as disclosed in the plaint, was that these defendants were holding the lands in suit rent free in lieu of their services for the maintenance of a takia. In para. 2 of the plaint a statement was given of the specific services which the defendants were liable to render and it was alleged that the defendants had ceased to render these services. In paragraph 3 of the plaint it was said that the plaintiff no longer desired to have these services rendered.2. By way of reply the defendants put forward the case that the land was not resumable as it was not muafi in lieu of services but was a charitable muafi. And in paragraph 4 of the written statement it was pleaded that the defendants having been in p...
In Re: Shiam Sundar Lal, Shankar Lal
Court: Allahabad
Decided on: Dec-02-1927
Reported in: 118Ind.Cas.172
ORDER1. I am directed to state under Section 57(1)(b) Stamp Act, 1899, the following case for decision of the Hon'ble High Court.2. The enclosed document executed 23rd October 1923, on a stamp of eight annas by Messrs. Shyam Sunder Lal, Shankar Lal, in favour of Messrs. Badri Prasad, Bishambhar Nath has been impounded by the Judge of the Court of Small Causes, Allahabad, and seat to the Collector of the district under Section 38(2), for action under Section 40 of the Act. It shows on the left hand side sums of money borrowed, and on the opposite side sums of money repaid, on different dates, entries on both sides being made by the executants Shyam Sunder Lal, Shankar Lal. At the top of the instrument is stated that Shyam Sunder Lal, Shankar Lal executed the sarkhat in favour of Badri Prasad, Bishambhar Nath, the interest being paid at Re. 1-4-0 per cent. per mensem. This part of the document is signed by Shankar Lal, and Sangam Lal. The latter is apparently a representative of the Firm...
Ochachal Ahir Vs. Emperor
Court: Allahabad
Decided on: Dec-01-1927
Reported in: AIR1928All194
ORDERWalsh, J.1. The applicant has been convicted under Section 498, I.P.C., i.e. for keeping one Mt. Jagdei, the married wife of the complainant, in his keeping as his mistress.2. Mt. Jagdei was a widow. The complainant says that after the death of her former husband the said woman made a second marriage with him. The woman denies this fact. There is no evidence in this case that the applicant took or enticed away the woman. All that the evidence shows is that the woman herself went to live with the applicant. This being so the chief element which constitutes the offence under Section 498 is wanting. Again my attention has not been directed to any evidence which could prove that the applicant is keeping the woman in his house for the purpose of an illicit intercourse with her. The woman is not willing to go with the complainant and all that the evidence on the record shows is that the appellant also helped the woman in her not being taken away by force by the complainant. In this way ...
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