Allahabad Court May 1928 Judgments
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Mt. Ratan Dei Kunwar Vs. Sher Singh and ors.
Court: Allahabad
Decided on: May-22-1928
Reported in: AIR1929All260; 114Ind.Cas.876
1. F.A. No. 281 of 1924 and F.A. No. 232 of 1925 arise out of two separate suits Nos. 156 and 153 of 1922 respectively. These were suits brought by Ratan Dei Kunwar and by Kishan Kunwar and Bishun Kunwar for redemption of two separate villages, Lodhipur and Niamatullah Nagar. It is necessary to bear in mind that the suits were brought for redemption of single villages, although altogether 14 villages had been mortgaged under a deed dated 16th November 1869 by the plaintiffs predecessor, Sheo Raj Singh, to the defendants predecessor, Usman Khan, for a sum of Rs. 1,00,000. The mortgagee rights were transferred by the heirs of Usman Khan on 27th October 1889 to Darbari Mal and Nath Mal Das in this way that Darbari Mal was given 2/3rds share in the mortgagee rights and Sher Singh and his colleague were given 1/3rd share. Sher Singh and this man are defendants 1 and 2 in the suit, who are the principal contesting respondents in both the appeals before us. They will hereinafter be described ...
Emperor Vs. Motha
Court: Allahabad
Decided on: May-22-1928
Reported in: AIR1929All322
Boys and Iqbal Ahmad, JJ.1. A boy who has been found by the learned Additional Sessions Judge of Aligarh to be in his estimate not more than 15 years of age, has been convicted of rape under Section 376, I.P.C. There can be no question but that the offence was committed in the most brutal manner on a little girl, some 10 years of age. Very grievous injuries were inflicted upon her and they were inflicted upon her by the accused when she was in the employ of the accused's father and he therefore was to some extent in a trusted position. The learned Judge thought that the boy's age precluded the desirability of sending him to jail. He could have, however, sentenced him to imprisonment and then sent him to a reformatory school. His reason for considering it undesirable to send him to a reformatory school, he expresses as follows;The question of sending him to reformatory school is also undesirable because he is the son of an agriculturist and he will learn more by ploughing in his field t...
In Re: Dehra Dun Mussoorie Tramway Co. Ltd.
Court: Allahabad
Decided on: May-21-1928
Reported in: AIR1928All553; 110Ind.Cas.695
Mukerji, J.1. This is an application, filed on 18th May 1928, in chambers, by one of the official liquidators, Mr. Asthana for Dehra Dun Mussoorie Electric Tramway Co. Ltd. (in liquidation) and Mr. Ladli Prasad representing the Allahabad Bank, Ltd.2. It appears that a few months back the liquidators obtained permission from Ashworth, J. (see : AIR1928All272 ) to institute a suit against the Allahabad Bank, Ltd., for recovery of over two lakhs of rupees on certain grounds. The liquidators and the Allahabad Bank now desire that the difference between them should be settled by a private arbitration of two gentlemen, one nominated by each of the parties and mentioned in the application.3. The first question that arises is whether the Companies Act permits such a reference to arbitration by official liquidators, even with the sanction of the Court. I heard Sir Tej Bahadur Sapru representing the Allahabad Bank, Ltd., and Mr. Asthana, one of the official liquidators, in support of the applica...
Munna Tewari and ors. Vs. Chandarbali and ors.
Court: Allahabad
Decided on: May-21-1928
Reported in: AIR1928All627
Dalal, J.1. This is an application for revision from an order passed by a Magistrate in the Basti district under Section 137, Criminal P. C , directing that a certain bandh (a wall to prevent the flow of water) be removed. The Court adopted the correct procedure by issuing a notice against the applicants to remove the bandh within a certain time specified in the order, or to appear and show cause against the same. When the applicants appeared, they denied the existence of any public right in the opposite party under Section 139-A. The Magistrate thereupon recorded evidence. There was considerable reliable evidence in support of the denial of the right being a public right. The Magistrate, however, found that there was no such evidence and proceeded as laid down in Section 137, Criminal P. C. The applicants Munna Tewari and others have, therefore, come in revision to this Court because the Magistrate finally made the orders under Section 133 absolute under Section 137, Criminal P. C. Fo...
Munna Tewari and ors. Vs. Chandrabali and ors.
Court: Allahabad
Decided on: May-21-1928
Reported in: 110Ind.Cas.213
This is an application for revision from an order passed by a Magistrate in the Basti District under Section 137 of the Code of Criminal Procedure directing that a certain bandh (a well to parent the flow of water) be removed. The Court adopted the correct procedure by issuing a notice against the applicants to remove the bandh within a certain time specified in the order, or to appear and show cause against the same. When the applicants appeared, they denied the existence of any public right in the opposite party under Section 139A. The Magistrate thereupon recorded evidence. There was considerable reliable evidence in support of the denial of the right being a public right. The Magistrate, however, found that there was no such evidence and proceeded as laid down in Section 137 of the Code of Criminal Procedure. The applicants, Munna Tewari and others, have, therefore, come in revision to this Court, because the Magistrate finally made the orders under Section 133 absolute under Secti...
Jai NaraIn Misra Vs. Sarda Pershad
Court: Allahabad
Decided on: May-18-1928
Reported in: AIR1928All609; 110Ind.Cas.493
Sulaiman, Ag. C.J.1. A preliminary objection is taken to the hearing of this application, namely, that no revision lies. The suit was instituted in the Court of a Judge of Small Cause and was undoubtedly a suit of Small Causes Court nature. The suit was, however, transferred by an order of a superior Court under Section 24, Civil P. C, to the Court of the Munsif who had no Small Cause Court power up to the valuation of the claim. It was finally disposed of by him. The contention before us is that an appeal ought to have been preferred to the District Judge from the decree and, inasmuch as no appeal was preferred, no revision should be entertained. In our opinion when the case was transferred from the Court of Small Causes to that of the Munsif the latter Court must under Section 24, Sub-clause (4), Civil P. C, be deemed to be a Court of Small Causes. The proceedings in this Court therefore must be governed by the Provincial Small Cause Courts Act. This view was accepted in the case of ...
Tika Ram Vs. Emperor
Court: Allahabad
Decided on: May-18-1928
Reported in: AIR1928All687; 110Ind.Cas.675
Dalal, J.1. This is a revision, so the findings of fact of the Subordinate Courts must be accepted. The applicant Tika Ram has been convicted under Section 36, Works of Defence Act (7 of 1903). It has been held by the Subordinate Courts that three thatched constructions of Tika Ram exist within a zone which is marked out under the Act and over which a declaration has been made under Section 3 of the Act. The lower Courts have unfortunately made use of a word 'maintain' which has a peculiar meaning defined in the Act in Section 2 (h). The evidence, however, on the record and the finding of the trial Court are to the effect that these thatches were put up two or three years ago and subsequent to the declaration and, therefore, the proper word applicable So them is 'erection' of the structures. It was argued that Tika Ram himself made their purchase on 6th May 1924, so the constructions could not have been erected or put up two or three years ago. It appears, however, from the testimony o...
Habib Bakhsh Vs. Johri Mal
Court: Allahabad
Decided on: May-18-1928
Reported in: AIR1928All760
1. This is an application in revision from an order restoring a case on certain conditions. The suit out of which this application arises had remained pending for a very long time and 9th August 1926, was fixed for its disposal with express direction that it would not be adjourned again. On that date the defendant did not appear in person but a vakil accompanied by a mukhtar-i-khas appeared for the purpose of filing an application for adjournment on the ground that the defendant had suddenly fallen ill and was unable to come from Bombay. The Court in view of its previous order declined to adjourn the case but called upon the defendant to produce his witnesses and offered to examine him on commission. On this the pleader withdrew from the case stating that he had no further instructions to conduct the case. The Court then treated the defendant as absent and proceeded to dispose of the case ex-parte and decreed the claim.2. Subsequently the defendant filed an application for seting aside...
Mt. Bulaqan Vs. Ratan Lal and ors.
Court: Allahabad
Decided on: May-17-1928
Reported in: AIR1928All656; 110Ind.Cas.546
1. This is a defendant's appeal. The suit was for possession of a moiety share in a house No. 50-3 situate in Ghasyari Mandi Naugaza in the city of Cawnpore, by a right of purchase under a sale deed, executed by defendant 2, who is the Official Receiver, in favour of the plaintiff-respondent.2. The facts which have given rise to this appeal may be briefly sat out as follows: One Chandu Lal who was a Saraugi Jain died leaving a widow Mt. Munya Bibi. His estate devolved upon this lady under the Hindu law of inheritance. She took one Gopi Nath in adoption in or about the year 1908. On 9th January 1909 during the minority of Gopi Nath Mt. Munya, the adoptive mother, for herself and her minor son purchased the house now in suit for Rs. 9,000 from Ram Prasad and certain other parsons. Mt. Munya is alleged to have executed a will on 17th February 1918, in favour of the defendant-appellant, Mt. Bulaqan alias Munni Bibi, who is the wife of her adopted son Gopi Nath. There is a cloud of controve...
Baijnath Vs. Doolarey Hajjam
Court: Allahabad
Decided on: May-17-1928
Reported in: AIR1928All708; 110Ind.Cas.719
Sulaiman, Ag. C.J.1. This is an application for leave to appeal under the Letters Patent and for extension of time.2. Had the judgment been delivered before the amendment of Section 10 of the Letters Patent came into force no leave would have been necessary and a substantive right of appeal could not be taken away by a subsequent amendment of the Letters Patent. The amendment came into force from the date of its publication in the Gazette, namely, 28th January 19283. The judgment in the present case was delivered after this date, hence leave is necessary.3. As regards the prayer for extension of time, it is quite clear that Section 5, Lim. Act, does not apply to this case, for the period is fixed not under the Limitation Act, but by special rules framed by this Court. Under Chap. 3, Rule 6 of the old rules there was power to extend the time for good cause shown. Under the new Rule 6 (A), there is no power to extend the time if 60 days have expired.4. The question is whether the old rul...
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