Allahabad Court February 1927 Judgments
Gaddar Mal Vs. Tata Industrial Bank, Ltd.
Court: Allahabad
Decided on: Feb-28-1927
Reported in: AIR1927All407
Ashworth, J.1. This second appeal by the plaintiff arises out of a suit brought by the plaintiff against the Tata Industrial Bank, Limited, Bombay, defendant, for recovery of a balance alleged to be due under a contract arising out of overdrafts allowed by the Bank to the plaintiff from time to time, on security of a deposit with the Bank of 182 bales of cotton. The contract governing the suit was expressed in a letter of lien of the 5th December 1912, by the plaintiff in which it was agreed that the plaintiff on his part should deposit bales of cotton and obtain loans re-payable upon demand from the defendant Bank. The loans were to bear interest at Rs. 8-8-0 per cent per annum and the Bank was to hold the cotton as security until directed by the plaintiff to sell them, in which case the Bank was entitled at the time of settlement to recover the loans made, along with the interest and certain charges for insurance and storage. Provision was made for variation of the rate of interest b...
Tag this Judgment!Mohammad Yusuf Vs. Mohammad Ismail and ors.
Court: Allahabad
Decided on: Feb-28-1927
Reported in: AIR1927All414
1. Kallu bad a brother-in-law Rahim Bukhsh, who had a daughter, Mt. Fatima, Mt. Fatima's parents died while she was an infant and she was brought up wholly by her uncle Kallu. Kallu owned a shop, and of this shop he made a gift to Mt. Fatima, the minor, who was living with him. Mt. Fatima, Kallu's niece, married Kallu's son, Mohammad Ismail. After her death the question of the validity of this gift has been disputed. Mt. Fatima's brother Muhammad Yusuf (plaintiff) has sued Mohammad Ismail, his brother-in-law, for a declaration of his right to half the shop which was the subject of the gift, as heir of Mt. Fatima. Mohammad Ismail contended that the deed of gift was invalid and that he was entitled to the whole shop as a son of Kallu. The deed of gift is said to have been invalid, because it was not accompanied by any delivery of possession by Kallu to the 'legal' guardians of Mt. Fatima. There is nothing showing that there are any female relatives of Mt. Fatima alive, and it is admitted...
Tag this Judgment!Lachman Das and anr. Vs. Ram Prasad and ors.
Court: Allahabad
Decided on: Feb-28-1927
Reported in: AIR1927All422
Mukerji, J.1. This is an appeal by two defendants in a mortgage suit, brought by the Respondent No. 1 under the following circumstances. Three persons, viz., Ram Prasad son of Dhuma Mal, his wife Mt. Barfi Kunwar and the appellant Lachman Das executed the bond in suit for a consideration of Rs. 5,200 in favour of the respondent Ram Prasad son of Gulzari Lal. The plaintiff sought to enforce the mortgage and made parties to it not only the mortgagors but also the transferees from them and one Radhe Shiam, a minor son of Ram Prasad son of Dhuma Mal and his wife Mt. Barfi.2. The defence of Lachman Das was threefold, so far as we are concerned in this appeal. He said that the mortgage was not properly registered and was therefore, not enforceable, that he received no consideration for the mortgage and that he executed it under an undue influence. He further added that he had no interest in the property at the date of the mortgage and, therefore, the mortgage was not enforceable against the ...
Tag this Judgment!Mata Prasad Vs. Jokhu
Court: Allahabad
Decided on: Feb-28-1927
Reported in: AIR1927All470; 102Ind.Cas.339
Sulaiman, J.1. This is a reference by the Sessions Judge of Benares recommending that the acquittal be set aside and the accused be convicted, but the provisions of Section 562 of the Criminal P.C. be applied in his case. The accused is a boy of about 13 years of age and was employed by the complainant on wages. The Magistrate found that wages for several months of this boy were due from the complainant and so he took away 15 Baras worth about Rs. 16 belonging to the complainant and refused to give them back until his wages had been paid. The Magistrate has acquitted him on the ground that no dishonest intention, was made out. I agree with the view of the Sessions Judge that technically the offence of theft was committed. Queen-Empress y. Sri Churn Ghungo [1895] 22 Cal. 1017 (F.B.). I do not, however, think that this is a fit case in which I should issue notice to the boy to show cause why his acquittal should not be set aside and then convict him, but without actually sentencing him a...
Tag this Judgment!Municipal Board of Benares Vs. Shambhu Nath
Court: Allahabad
Decided on: Feb-28-1927
Reported in: AIR1928All38; 101Ind.Cas.524
Mears, C.J.1. On the 24th March 1925, one Shambhu Nath sued the Municipal Board of Benares and one Babu Chandra Bal for damages laid at Rs. 1,440. This amount was split into two sums of Rs. 440 and Rs. 1,000, Rs. 440 being the damages said to have been sustained by an order whereby a certain balcony over a footpath was ordered to be removed by the Municipal Board; and Rs. 1,000 were the damages claimed by the plaintiff in respect of alleged, improper acts of the Municipal Board of Benares and by Babu Chandra Bal personally. On the 24th August 1925, the plaintiff made an application by which he sought to be allowed to exempt Babu Chandra Bal against whom he had made allegations of wrong-doing. The Munsif, no doubt, accepted the application as an admission on the part of the plaintiff that the allegations against Chandra Bal were entirely groundless and allowed the application. The plaintiff also asked that his claim for Rs. 1,000 damages should be struck out and that was done; and there...
Tag this Judgment!Shagun Chand and anr. Vs. Data Ram and ors.
Court: Allahabad
Decided on: Feb-25-1927
Reported in: AIR1927All465; 101Ind.Cas.868
Ashworth, J.1. This second appeal arises out of an application for the framing of a final decree in a mortgage suit. One Shyam Sunder Lal executed a mortgage-deed in favour of Lala Data Ram and Mt. Bundi, applicants for the final decree. They obtained a decree against him. Subsequent to the institution of the suit, Shyam Sunder Lal purported to partition the mortgage property along with other property between himself and the present appellants. Data Ram and Mt. Bundi consequently only asked for and obtained a preliminary decree against Sunder Lal. In their application, however, for a final decree they joined the appellants on the ground that they had obtained possession under the partition deed. No application was made to the Court under Order 1, Rule 10(2) of the Civil P.C. for joining them as a party and no order was passed by the Court under Order 1, Rule 10(2) declaring that they were necessary parties and allowing their names to be joined as defendants.2. The final decree was fram...
Tag this Judgment!Syed Mohammad Vs. Jaitul Bibi and ors.
Court: Allahabad
Decided on: Feb-25-1927
Reported in: AIR1927All739; 101Ind.Cas.499
1. This is a plaintiff's appeal arising out of a suit for pre-emption under the Agra Pre-emption Act. The plaintiff is the great-grandson of Saiyed Ahmad Ali, the common ancestor, and the vendor is his great-granddaughter. The plaintiff claimed preference on the ground that he was a relation of the vendor, whereas the vendee was not related to him. The Courts below have disallowed the plaintiff's claim on the ground that Section 12(3) is not applicable to this case but only applies to cases 'where there are rival suits brought by various pre-emptors. This view has not been accepted by this Court in several cases. We may mention the case of Ishwar Datt Upadhiya v. Mahesh Datt Upadhiya : AIR1925All747 . The plaintiff is, therefore, entitled to claim preference if he is related to the vendor and not removed from the common ancestor by more than four degrees. In Jadunandan Rai v. Bindeshri Rai : AIR1927All434 it was held by this Bench that the four degrees were to be counted from the commo...
Tag this Judgment!Mathra Prasad Vs. G.i.P. Ry. Co.
Court: Allahabad
Decided on: Feb-25-1927
Reported in: AIR1927All751; 101Ind.Cas.536
1. This is the appeal of Mathura Prasad, who having brought a suit against the Great Indian Peninsula Railway Company for the failure to deliver a bale of cloth alleged to be of the value of Rs. 1,529-12-6, lost his case both in the Court of first instance and on appeal before the District Judge. On the 26th February 1923 there was a decision in the Court of the Judicial Commissioner of Oudh, which is very similar to the case under appeal. The head-note stated thatthere might be circumstances under which wilful neglect might be inferred from the fact that the steps taken to secure the goods against loss by theft were inadequate.2. Subsequent to the appeal by the District Judge which was decided on the 26th May 1924, three other decisions of importance have bean published-one reported in B.N.W. Railway v. Firm Manorath Bhagat Dhian Ram : AIR1925All172 , secondly, the case of Firm Balram Das fakir Chand v. G.I.P. Ry. Co. : AIR1925All562 decided in March 1925 and finally a Full Bench case...
Tag this Judgment!Mt. Muradan Vs. Raghunandan Prasad and ors.
Court: Allahabad
Decided on: Feb-25-1927
Reported in: AIR1927All826
1. Mt. Muradan brought a suit, as amended, for a declaration that she has an ex-proprietary right in respect of the lands specified and that the plaintiff's registered deed of relinquishment, dated the 19th January 1918 is forged and is null and void and ineffectual as against her. The facts are that the plaintiff was an ex-proprietary tenant, together with certain relatives, of 86 bighas odd of land. She and these other relatives executed a usufructuary mortgage. Subsequently some of the relatives; entered into an arrangement with the zamindar by which he agreed to discharge the mortgage and in return therefor these relatives executed in his favour on the 19th January 1918, a deed of relinquishment of 70 bighas of the land which purported to be executed by the plaintiff and all the relatives. To this extent the transaction would appear to have been to the benefit of the plaintiff in that she and her family recovered unencumbered possession of 16 bighas odd. The plaintiff alleges that ...
Tag this Judgment!Musammat Muradan Vs. Raghunandan Prasad and ors.
Court: Allahabad
Decided on: Feb-25-1927
Reported in: 102Ind.Cas.287
1. Musammat Muradan brought a suit, as amended, for a declaration that she has an ex-proprietary right in respect of the lands specified and that the plaintiff's registered deed of relinquishment, dated the 19th of January, 1918, is forged and is null and void and in effectual as against her. The facts are that the plaintiff was an ex-proprietary tenant together with certain relatives of 86 bighas odd of land. She and these other relatives executed a usufructuary mortgage. Subsequently some of the relatives entered into an arrangement with the zemindar by which he agreed to discharge the mortgage and in return therefor, these relatives executed in his favour on the 19th of January, 1918, a deed of relinquishment of 70 bighas of the land which purported to be executed by the plaintiff and all the relatives. To this extent the transaction would appear to have been to the benefit of the plaintiff in that she and her family recovered unencumbered possession of 16 bighas odd. The plaintiff ...
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