Allahabad Court July 1928 Judgments
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Jagdish Prasad and ors. Vs. Hoshyar Singh and anr.
Court: Allahabad
Decided on: Jul-06-1928
Reported in: AIR1928All596
Sulaiman, Ag. C.J.1. In the present case the sons' suit was filed after the mortgagee had obtained a mortgage decree against the father without impleading the sons, but before the mortgage property was actually put up for sale at auction.2. I agree in the final conclusion arrived at by my learned brethren that the sons can obtain a declaration avoiding the mortgage if the mortgagee fails in establishing legal necessity for the advance, even though the sons themselves fail to show that the debt was tainted with immorality. My reasons, however, are slightly different.3. I agree that the case of Brij Narain v. Mangal Prasad A.I.R. 1924 P.C. 50 must be taken to summarize all the propositions which follow as a result of the previous authorities, and should be deemed to include all the observations made in the case of Sahu Ram Chandra v. Bhup Singh A.I.R. 1917 P.C. 61, which were supported by authority. It is clear from the remark at pp. 102-3 in Brij Narain's case A.I.R. 1924 P.C. 50 that t...
Ayyub Vs. Emperor
Court: Allahabad
Decided on: Jul-05-1928
Reported in: AIR1928All759
Dalal, J.1. Ayyub has appealed from his conviction under Section 489-D, I.P.C. The charge against him was that he was in possession of instrument or material for the purpose of being used or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting 5 rupee notes. The articles found in his possession were:2. Exhibit 2, a genuine 5 rupee note chemically treated,3. Exhibit 3, a paper of the size of a 5 rupee note with a faint impression at the time of the trial of a 5 rupee note,4. Exhibits 4 and 5 plain paper of the size and thickness of a 5-rupee note,5. Exhibit 6, two pieces one of cyanide of sodium and the other of cyanide of potassium,6. Exhibit 8, a phial containing two pieces of silver nitrate.7. Exhibit 9, gun, and8. Exhibit 10, six small pieces of paper containing pencil tracings of figures and signatures on a 5 rupee note.9. It was argued by Mr. Goyle on behalf of the appellant that the possession of these articles did not raise a presumpt...
Debi Datt Tewari Vs. Emperor
Court: Allahabad
Decided on: Jul-04-1928
Reported in: AIR1928All548; 110Ind.Cas.816
Dalal, J.1. These are two appeals made by one Debi Dat from the order of the learned Sessions Judge of Kumaun refusing to complain against two persons Rudra Dat and Gauri Dat of an offence under Section 193, I.P.C. First of all on the motion of Debi Dat, Rudra Dat and Gauri Dat were prosecuted under Section 477-A of falsification of account, and were acquitted by a Magistrate, Mr. Juyal. The prosecution was not really launched by Mr. Debi Dat, but the opinion of the Magistrate was that he instigated it. Whether he instigated it or not, he gave evidence in the case. The Magistrate while acquitting Rudra Dat and Gauri Dat made very strong comments on the conduct of Debi Dat, and after calling upon him to show cause complained against him for perjury. The perjury trial was held in the Court of the learned Sessions Judge of Kumaun, Mr. Simpson, who came to an entirely contrary conclusion from that arrived at by the Magistrate on the main facts of the falsification of account case and seeme...
Munshi and anr. Vs. Emperor
Court: Allahabad
Decided on: Jul-04-1928
Reported in: AIR1928All607a; 110Ind.Cas.798
Dalal, J.1. It is certain that the appellants went to an enclosure of their cousin Ismail and beat him. The convictions and sentences under Sections 323 and 324, I.P.C., were correctly recorded. As to the conviction under Section 452, it does not appear that Ismail was sitting inside any building. The matter is not of particular importance here because the sentences are concurrent. At the same time as the conviction has been recorded and the question raised here in appeal, a decision will have to be given. Criminal trespass is committed in a house when an entry is made in a building, tent or vessel used as a human dwelling, or any building used as a place of worship, or as a place for the custody of property. Ismail has a thatched house, and he was sitting outside this house. Some thorny bushes are placed round-about, and for this reason it is sought by the prosecution to designate the open place where Ismail was sitting as a building. Except for a few thorns the place is open. There i...
Zaki HusaIn Vs. Deputy Commissioner of Gonda and anr.
Court: Allahabad
Decided on: Jul-04-1928
Reported in: AIR1929All687
Bennet, J.1. This is a second appeal by defendant 2 a surety. The facts which were proved before the lower appellate Court are as follows: Defendant 1 Mukhtar Husain, was appointed a mukhtar to the Court of Wards on 13th April 1920, and at the time of his appointment defendant 2 executed a surety bond in form No. 12 printed on pp. 97 and 98 of the Court of Wards Manual. Evidence was given before the Munsif, the Court of first instance, to the effect that on 22nd December 1923, defendant 1 the mukhtar of the Court of Wards withdrew Rs. 175 from the treasury which had been deposited for payment to Court of Wards as compensation in a land acquisition case. Plaintiff's witness 1 Wahid Ali stated that defendant 1 having withdrawn this money did not deposit it in the Court of Wards. The suit was brought against both defendants and was defended only by the appellant, defendant 2. The Court of first instance dismissed the suit and the lower appellate Court has decreed it against both defendant...
Rustam Khan and anr. Vs. Mt. Janki and ors.
Court: Allahabad
Decided on: Jul-03-1928
Reported in: AIR1928All467
Sulaiman, Ag. C.J.1. This appeal has been referred to a Pull Bench for considering whether the observations of their Lordships of the Privy Council in the case of Maung Tun The v. Ma Thit A.I.R. 1916 P.C. 145 have the effect of overruling the previous rulings of this Court.2. The appeal arose out of a suit brought by the plaintiffs for recovery of a 3/8th share in the estate of Wazir Khan, deceased, against his widow, daughter and daughter's son. It appears that Wazir Khan died about 1908 and his legal heirs were his widow, Mt. Janki, his daughter Mt. Dhora, and the present plaintiffs, who are the sons of the first cousin of Wazir Khan. Under the Mahomedan law they became entitled to a 3/8th share The property consists of zamindari, paying a small amount of revenue. On 1st February 1921, Mt. Janki executed a deed of gift in favour of her daughter and daughter's son. The plaintiffs claimed that from that moment the defendant's possession became adverse and they were entitled to recover ...
Ram Charan Vs. Bansidhar and ors.
Court: Allahabad
Decided on: Jul-03-1928
Reported in: AIR1928All499
1. This is an application on behalf of one Ram Charan, who filed an appeal, on payment of a Court-fee of Rs. 2 purporting to be against an 'order' passed in execution of a decree. His appeal was really one arising out of an application for restitution, and the office of the High Court reported that the appeal was against a decree and that the Court-fee payable was an ad valorem fee. The applicant took time to pay the deficiency in Court-fee, but, ultimately, made this application on 14th May 1928, praying that he might be permitted to appeal as a pauper. There is an oral application on behalf of his counsel that, if necessary, time might be extended for making such an application under Section 5, Lim. Act.2. The application has been opposed by the learned Counsel for the opposite party on the ground that the application having been made more than 30 days after the passing of the decree appealed against, should be treated as time barred. There can be no doubt that the applicant filed th...
Misri Lal Vs. Gopi Charan and ors.
Court: Allahabad
Decided on: Jul-03-1928
Reported in: AIR1928All538
Mukerji, J.1. This is an appeal by one of the two defendants in the suit out of which this appeal has arisen. Certain persons, who were all minors, came to Court on the allegation that they were occupancy tenants of a certain holding of which defendant 2, the present appellant, is the zamindar, that the holding was recorded in the name of defendant 1, Mt. Tulsha, who was the widow of a joint Hindu family governed by the Mitakshara law and had no interest in the tenancy, and that the said defendant 1 executed a deed of relinquishment in favour of the zamindar. The date of relinquishment is 11th August 1921. The suit was instituted on 19th December 1922 for the following relief:It may be declared that the plaintiffs are the occupancy tenants of the holding given below and Mt. Tulsha, defendant 1, has no concern with she said holding and that the relinquishment relied upon by defendant 2, which is fictitious, fraudulent and collusive, is ineffectual against the plaintiff.2. Defendant 2 al...
Ramgopal Vs. Tulshi Ram and anr.
Court: Allahabad
Decided on: Jul-03-1928
Reported in: AIR1928All641
Boys, J.1. This case has been referred to this Fall Bench for determination of certain questions relating to the law governing 'family arrangements'. On the death of one Nathua in the first quarter of the year 1924, an application for mutation was made by Ramgopal, the present plaintiff-appellant, a first cousin of Nathua. On 31st March 1924 objections were filed by Tulshi Ram, Munshi Lal and Duli Chand, grandsons of Ramgopal's great-uncles. Their objection took the form of an allegation that Ramgopal's father had been adopted into another branch of the family and Ramgopal had, therefore, lost all right to succeed to Nathua's property. On 24th April 1924 Ramgopal and the three objectors, by a joint application, stated that they had arrived at a compromise and asked for mutation to be made in Ramgopal's name as to 1/3rd, in the names of Tulshi Ram and Munshi Lal as to 1/3rd, and in the name of Duli Chand as to the remaining 1/3rd, and on 3rd May 1924, order was made accordingly. On 6th ...
Bharat Singh Vs. Ganga and ors.
Court: Allahabad
Decided on: Jul-03-1928
Reported in: AIR1928All767; 116Ind.Cas.744
Niamatullah, J.1. Parties to the suit giving rise to this appeal are cosharers in mahal, Dwarka Prasad, village Sumerpur, pargana Akberpore District, Cawnpore. The plaintiffs sued the defendant who is the lambardar of the mahal for recovery of Rs. 225 odd, being principal (Rs. 192) and interest (Rs. 33 odd), as their share of profits for the years 1328 to 1331 Fasli. The claim for 1331 Fasli was subsequently dropped as it was discovered to be premature. The Court of first instance decreed the plaintiffs' claim for Rs. 98-2-0 for the years 1328 to 1330 Fasli carrying interest as claimed. This amount was found to be the plaintiffs' share or profits calculated on gross rental.2. The main pleas in defence which were urged before this Court are (1) that the rental of the plots 103 and 106 with an aggregate area of 6 bighas 5 biswas should be set apart as exclusively belonging to the defendant under a deed of relinquishment, dated 8th November 1888, executed by the predecessors-in-interests ...
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