Allahabad Court July 1928 Judgments
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Kiran Koomar Banerji Vs. Baij Nath
Court: Allahabad
Decided on: Jul-30-1928
Reported in: AIR1928All607
Sulaiman, Ag. C.J.1. This is an application in revision from an order dismissing an application for setting aside an ex-parte decree. The decree was passed on 9th January 1928 and it was put in execution and a fixed deposit belonging to the applicant lying in a bank was attached. Notice was seat to the bank and to the applicant who thereupon filed an application in the Court on 5th March 1928 that he for the first time came to know of the suit on 28th February 1928. In his application he stated that his fixed deposit which had been attached under an order of the Court should be taken as security required by Section 17, Provincial Small Cause Courts Act. On 14th March 1926 the applicant deposited the fixed deposit receipt in Court, but he omitted to file any security bond hypothecating its amount. In its order of the 14th March 1928 the Court accepted the attached amount as sufficient security. The order, however, was behind the back of the decree-holder. It is to be noted that when the...
Secy. of State Vs. B. Murli Manohar
Court: Allahabad
Decided on: Jul-30-1928
Reported in: AIR1928All670
Mukerji, J.1. This is an application in revision by the Secretary of State for India in Council against the decision of learned Judge of the Small Causes Court at Moradabad.2. It appears that the respondent Mr. Murli Manohar bought a ticket from Agra to Moradabad. He paid for the route, a portion of which branched off from Aligarh and passed through Chandausi. He, however, discovered, later on, that if he travelled beyond Aligarh and via Ghaziabad he would arrive at his destination more quickly than by the proposed route, although he would be travelling by a longer route. He thought that he might travel by the longer route. He did travel accordingly and when he arrived at Moradabad, he was made to pay an excess fare. He thereupon brought the suit out of which this revision has arisen, to recover from the railway administration, the amount of the excess fare.3. The suit succeeded in the Court below and hence the revision.4. The Court below held that Rule 64 of the Coaching Tariff permit...
In Re: Ganesh Shankar Vidyarthi
Court: Allahabad
Decided on: Jul-30-1928
Reported in: AIR1929All81; 113Ind.Cas.754
Sulaiman, Ag. C.J.1. Mr. Ganesh Shankar Vidyarthi, Editor, Printer and Publisher of the Partab Newspaper, Cawnpore, has been called upon to show cause why he should not be punished for contempt of the Court of Mr. Mahendra Prasad, Magistrate of Allahabad, committed on account of an article headed 'Naini Jail riot and Mr. Dublis,' which appeared in his paper on 22nd April 1928. The article in question was undoubtedly a most offensive article and the tone and language employed indicate that the intention of the accused was to make the public believe that the accused persons had been oppressed by the jail authorities and provoked into disobedience. The article contained a passage, among others, expressing the opinion of the editor that hecould unhesitatingly say that Mr. Dublis (one of the accused) is by no means one of those young men who involve others in trouble by inciting them and try to save their own skin.2. There was a further suggestion that prisoner witnesses inside the jail wer...
Ram Kishore Singh and ors. Vs. Raghubir and ors.
Court: Allahabad
Decided on: Jul-30-1928
Reported in: AIR1929All78
Bennet, J.1. This is an appeal by the plaintiffs against a decree of the lower appellate Court to the effect that the rent due to the plaintiffs from the defendants is at the rate of Rs. 34-10-4 per annum and not at Rs. 54 as found by the Assistant Collector. The facts which are proved are as follows:2. In Fasli 1318 the plaintiffs obtained a decree of ejectment against Angnu, father of Rahgubir, respondent 1. The lower appellate Court has found that after this ejectment the plaintiffs came to terms With Raghubir and treated him as a tenant. The entry in the khatauni for the rent of the holding was changed after the ejectment from Rs. 34-10-4 to Rs 54 per annum. It is also found that for the year Fasli 1319 the defendant paid rent at this rate and a receipt, paper No. 31-A, of the file 10081-47 of 1923, was produced. The Court of first instance found that the plaintiff and Raghubir had agreed that rent should be fixed at Rs. 54 per annum after ejectment. The lower appellate Court consi...
Umrao and anr. Vs. Niadar and ors.
Court: Allahabad
Decided on: Jul-30-1928
Reported in: 111Ind.Cas.748
Bennet, J.1. This is a second appeal from a judgment of the learned Additional District Judge of Meerut in appeal upholding the decree of the Additional Munsif awarding possession to the plaintiffs-respondents of a plot of land No. 169-2 area 13 biswansis. This village was the subject of a partition case in the Revenue Courts and under Section 118 of the Land Revenue Act the partition officer made the following entry in the partition khasra for plot 169-2. 2. After the preparation of the final partition khasra in November, 1921, the plaintiffs put in an application to the Revenue Court to the effect that in spite of their efforts the entry against this number in the final khasra was incorrect. The Revenue Court called for reports but did not pass any order for correction of the entry. Accordingly the plaintiffs came to the Civil Court asking for a decree for actual possession of this number on the ground that in January, 1920, there was a general order of the partition officer to the e...
Esme Vs. Edward John Anderson
Court: Allahabad
Decided on: Jul-27-1928
Reported in: AIR1928All677
Kendall, J.1. This is a petition by Mrs. Esme Anderson for a declaration that the form of marriage through which she went with the respondent on 17th November 1922 may be declared null and void under Section 18, Divorce Act. It is combined-with a prayer for the custody of the children and for an order for their maintenance till they attain majority. It was remarked in the case of Betteridge v. Curry [1913] 29 P.R. 1913 that an application for custody and maintenance of the child should be made by a separate petition. But there the order for declaration of nullity had been made by the District Judge and amounted to a preliminary decree only. Under the English practice a prayer for the custody of children in a void marriage may be inserted in the petition (Langworthy v. Langworthy [1886] 11 P.D. 85, quoted in Vol. 16 of Halsbury's laws of England, p 499). The respondent has not been prejudiced in any way by the hearing of this issue at the same time as that of the main petition, and no o...
Kishore Rai and anr. Vs. Emperor
Court: Allahabad
Decided on: Jul-27-1928
Reported in: AIR1928All753
Dalal, J.1. This was an application for the transfer of a criminal trial pending in the Court of Mr. Ghanshiam Das at Ballia. He has now been transferred. So the applicants' object has been gained, and the application requires no further order in that matter.2. It is necessary, however, for me to note that Mr. Ghanshiam Das acted entirely according to law and was not to blame in refusing to grant postponement on 14th July. There seems to be some misapprehension at the Bar as regards the provisions of Section 526 (8), Criminal P.C. It seems to be thought that postponements could be had in two instalments, one in order to apply to the District Magistrate for transfer and at another time to apply here for transfer. It is overlooked, however, that the clause making it incumbent on a Court to adjourn hearing on an application is confined to Section 526 which deals only with transfers made by this Court. To obtain an adjournment the accused has to notify his intention to make an application ...
Ghure Ram Nure Ram Vs. Mohammad Yusuf Bhole Nath and ors.
Court: Allahabad
Decided on: Jul-26-1928
Reported in: AIR1928All549
1. This is a plaintiff's appeal against the judgment and decree of the learned Subordinate Judge of Benares dismissing the suit. The firm Ghure Ram Nure Ram claimed Rs. 12,600 principal and Rs. 900 as interest from the defendant firm on the basis of six hundis, Exs. 1-6, said to have been executed by Bhola Nath on behalf of the defendant firm in favour of the plaintiff firm. Ex. A proves that Sh. Muhammad Yusuf and Bhola Nath, who have been carrying on a timber business in Benares, entered into a fresh partnership on 6th September 1922. The principal amount of money invested was contributed by Muhammad Yusuf. Two others, Baldeo Sahai and Lakshmi Saran, paid a sum of Rs. 2,500 more, and it was agreed that Bhola Nath, who had not paid in any money in cash, was to get one-fourth share of the profits for his labour. Baldeo Sahai and Lakshmi Saran were to get one-eighth, and five-eighths share of the profits was to be taken by Sh. Muhammad Yusuf. The hundis in question, six in number were e...
Firm Ghure Ram-nure Ram Vs. Firm Muhammad Yusuf-bhola Nath and anr.
Court: Allahabad
Decided on: Jul-26-1928
Reported in: 111Ind.Cas.686
1. This is a plaintiffs' appeal against the judgment and decree of the learned Subordinate Judge of Benares dismissing the suit.2. The firm Ghure Ram-Nure Ram claimed Rs. 12,600 principal and Rs. 900 as interest from the defendant firm on the basis of six hundis, Exs. 1-6, said to have been executed by Bhola Nath on behalf of the defendant firm in favour of the plaintiff firm. Exhibit A proves that Sheikh Muhammad Yusuf and Bhola Nath, who have been carrying on a timber business in Benares, entered into a fresh partnership on the 5th September, 1922. The principal amount of money invested was contributed by Muhammad Yusuf. Two others, Baldeo Sahai and Lakshmi Saran, paid a sum of Rs. 2,500 more, and it was agreed that Bhola Nath, who had not paid in any money in cash, was to get one-fourth share of the profits for his labour, Baldeo Sahai and Lakshmi Saran were to get one eighth, and five eighths share of the profits was to be taken by Sheikh Muhammad Yusuf. The hundis in question six ...
Firm Baldeo Prasad Babu Ram and ors. Vs. Firm Haji Ali Mohammad Usman
Court: Allahabad
Decided on: Jul-26-1928
Reported in: 112Ind.Cas.715
1. This is a defendants' appeal arising out of a suit brought to recover Rs. 8,755 principal and Rs. 5,708-2 interest on account. The plaintiff was a firm carrying on business at Bombay which had an agent at Tilhar. The defendant firm was carrying on commission agency-business at Tilhar and was purchasing and selling grain for the plaintiff. It is also admitted that from time to time the defendant firm advanced money to the plaintiff and charged interest on the amounts so advanced. In the plaint it was stated that if there was a surplus amount sent by the plaintiff firm interest was credited to the plaintiff at the rate of VI annas percent, per mensem. This was not admitted -op. the written statement. At the same time 'there was no specific denial that no interest was allowed. The present suit was instituted on the 6th September, 1924, and it was alleged in the plaint that the last item in the account was dated the 6th September, 1918. The delay in the institution of the suit was expla...
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