Allahabad Court June 1929 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bhagwan Das Vs. Town Mag. Budaun and ors.
Court: Allahabad
Decided on: Jun-27-1929
Reported in: AIR1929All767
Sen, J.1. This is a plaintiff's appeal arising out of a suit for abatement of a public nuisance. The plaintiff owns a house numbered 151. Defendants 2 to 4 are the owners of a house numbered 143. Between these houses is a public thoroughfare, the exact width of which is not known. The defendants constructed a chabutra or platform on the public thoroughfare measuring six yards in length and two and a half feet in breadth. The plaintiff complains in para. 3 of the plaint thatowing to this improper act on the part of defendants 2 to 4, the way has become narrow. The plaintiff's cart cannot be turned round after passing along it. On account of this, the plaintiff's right of easement is much jeopardized. The plaintiff has to unload his cart at a distance and to turn it back.2. No relief has been claimed against Town Area of Gunnore which ranks as defendant 1 in the present action. There can be no doubt that a portion of the public thoroughfare has been encroached upon by defendants 2 to 4. ...
L. Bhagwan Das Vs. Town Magistrate and ors.
Court: Allahabad
Decided on: Jun-27-1929
Reported in: 122Ind.Cas.756
Sen, J.1. This is a plaintiff's appeal arising out of a suit for abatement of a public nuisance. The plaintiff owns a house numbered 151. The defendants Nos. 2 to 4 are the owners of a house numbered 143. Between these houses is a public thoroughfare, the exact width of which is not known. The defendants constructed a chabutra or platform on the public thoroughfare measuring six yards in length and 2 1/2 feet in breadth. The plaintiff complains in paragraph 3 of the plaint that 'owing to this improper act on the part of the defendants Nos. 2 to 4, the way has become narrow. The plaintiff's cart cannot be turned round after passing along it. On account of this the plaintiff's right of easement is much jeopardized. The plaintiff has to unload his cart at a distance and to turn it back'. No relief has been claimed against Town Area of Gunnore which ranks as defendant No. 1 in the present action.2. There can be no doubt that a portion of the public thoroughfare has been encroached upon by ...
Kayastha Co. Ltd. Vs. Sita Ram Dubey
Court: Allahabad
Decided on: Jun-26-1929
Reported in: AIR1929All625
ORDERSen and Weir, JJ.1. This is an appeal in execution proceedings. The decree of which execution is sought was pronounced on 24th February 1916 against the respondent and in favour of the appellant company. On 6th August 1979, the decree was attached by a certain Miss Chatterji in execution of a decree which she had obtained against the appellant company; and on 23rd July 1918 the decree was on her request transferred to the Collector of the district in which the respondent resides for execution under Sch. 3, Civil P.C. On 9th December 1917, before decree was so transferred, the appellant company assigned the decree to one Raghunath Prasad, who on 13th February 1919 applied to the Court which pronounced the decree to have his name recorded as the owner of the decree and to have personal execution against the respondent.2. This application for personal execution was rejected on 21th February 1919, and on 24th February 1921 Ragunath prasad retransferred the decree to the appellant comp...
Mt. Janak Dulari Vs. Bishambher Nath and ors.
Court: Allahabad
Decided on: Jun-26-1929
Reported in: AIR1929All745
Iqbal Ahmad, J.1. This appeal is connected with Second Appeal No. 309 of 1928. Both the appeals are by defendant and arise out of two suits for profits filed in the revenue Court under Section 164, Agra Ten. Act, Act 2 of 1901. The trial Court ultimately passed decrees in both the suits in the plaintiff's favour on 8th March 1927. Both the suits were valued at more than Rs. 100 but at less than Rs. 200. On the date of the institution of the suit the old Agra Tenancy Act, (Act 2 of 1901) was in force but on the date of the decision by the Assistant Collector, the New Agra Tenancy Act (Act 3 of 1926) had come into force. By the former Tenancy Act an appeal was allowed to the District Judge against the decree of an Assistant Collector of the first class in any of the suits included in Group A and Group B of that Act in which the amount of the value of the subject matter exceeded Rs. 100. A suit for profits under Section 164 was included in Group B of that Act and as such an appeal against...
Mohammad Ibrahim Quareshi and ors. Vs. Syed Abdul Hamid
Court: Allahabad
Decided on: Jun-26-1929
Reported in: AIR1929All797
1. This second appeal arises from a suit brought under the following circumstances: The mutwallis of a certain religious trust brought a suit against certain persons which was dismissed by the District Judge of Agra. An appeal was filed in the High Court and this appeal also was dismissed. The respondent obtained a decree for costs against one Farman who became an insolvent and they were unable to realise their decree. They have now filed this suit against a certain Abdul Hamid for damages, saying that they have been put to unnecessary expense owing to the action of this person in instigating the filing of the appeal in the High Court. The lower appellate Court has recorded a finding which in our opinion decides this case. He holds thatone cannot say upon the evidence that Abdul Hamid had the appeal No. 203 of 1917 filed on behalf of Faiyaz Husain or Muhammad Ali or both without their authority.2. The appeal purports to have been filed by all three plaintiff-appellants and even if this...
Uma Shankar Lal and ors. Vs. Mahabir Prasad and ors.
Court: Allahabad
Decided on: Jun-26-1929
Reported in: AIR1929All854; 118Ind.Cas.235
1. This is a plaintiff's appeal arising out of a suit for recovery of possession of a house in the city of Ghazipur. On the finding of the Court below this house belonged to the ancestor of the plaintiffs Munshi Lachhman Prasad. Lachhman Prasad was Kayasth by caste and had a Rajput girl as his wife or mistress from whom a son Dip Narain was born. In either view he was an illegitimate son. He died leaving a son Mahabir Prasad, defendant 1. The plaintiffs are the sons of Ramapat Lal, a grandson of Lachhman Prasad who jointly with his nephew Dip Narain Lal executed a deed of gift of this house on 5th June 1913 in favour of Mahabir Prasad. At that time no son had been born to Dip Narain Lal but Ramapat Lal had sons alive who were minors. The plaintiffs' case was that the family was joint and that the gift was without authority. The plea taken in defence was that this house was acquired by Lachhman Prasad for his Rajput mistress and had been in occupation of the defendants all along. In the...
Angad Singh and ors. Vs. Bahadur Singh and ors.
Court: Allahabad
Decided on: Jun-25-1929
Reported in: AIR1929All750a
1. This is a plaintiffs appeal in a suit brought by certain Hindus for setting aside a sale deed executed by their father. The suit was dismissed by the lower Court on the plea of limitation and counsel have argued this point only before us. It is conceded that the property is still in the possession of the mortgagee and the vendee has never obtained possession. The date of the sale is 27th November 1913, and the suit was brought within 12 years. No doubt the plaintiff was under the impression that Article 126, Lim. Act, applied to the case. But that article gives the period from which limitation begins to run as being when the alienee takes possession of the property.' The view taken by the lower Court and pressed upon us by the respondent is that where the alienee has not taken possession Article 126 cannot apply, and if that article does not apply the only article applicable is 120 which prescribes a period as six years, and in that case the suit would be barred. A similar case came...
B. Shyam Lal and ors. Vs. L. Badri Prasad
Court: Allahabad
Decided on: Jun-25-1929
Reported in: AIR1929All789; 122Ind.Cas.744
1. This second appeal arises from a suit brought by a minor son of a Hindu for setting aside a sale of a house and a shop by his father Shankar Lal. It was alleged in the plaint that the father was of bad character and a vagabond who had been spending the income of the property for unlawful purposes. It is also alleged that the sale deed is fictitious and without consideration. It was found by the Court of first instance that the sale-deed was for Rs. 1,000 of which the consideration is made up of Rs. 525 paid to Chandmal on account of certain prior mortgages; Rs. 100 paid in advance and Sections 375 paid before the Sub-Registrar for expenses incurred in connexion with certain ceremonies required by the Hindu religion for the plaintiff himself and payment of other oral debts. The first Court held that there was overwhelming evidence adduced on behalf of the defendants that the sale-deed was executed for legal necessity 'which consisted in paying off old debts and expenses for mundan ce...
Shantanand Gir Vs. Basudevanand Gir
Court: Allahabad
Decided on: Jun-25-1929
Reported in: AIR1929All794
1. This appeal arises out of an application which in the form in which it was pressed in the lower Court reflects nothing but discredit on the persons who made it and the legal advisers through whom it was made. The application is of a nature that makes it desirable to consider whether the Courts have not inherent power in suitable cases to make counsel pay the costs of the litigation. One Mahant Shantanand Gir has got a decree against Mahant Basudevanand Gir. The latter has appealed to the Privy Council and has had to deposit in this Court a sum of Rs. 4,006-12-0 for the costs of the Privy Council and for printing charges. The decree-holder has now applied to attach this amount in execution of the decree which he has obtained from the High Court. It is manifest from the trend of the argument before the lower Court, as it appears from the judgment, that the idea underlying this application was that the decree holder would attach and obtain the amount in question and would then claim to...
Ram DIn Hazari Lal Vs. Mansa Ram Murlidhar
Court: Allahabad
Decided on: Jun-25-1929
Reported in: AIR1929All890; 122Ind.Cas.881
Boys, J.1. This is a plaintiff's appeal arising out of a suit for damages for breach of contract and the refund of earnest money.2. The plaintiffs' case was that they entered into certain contracts with the firm of Mansaram Murlidhar, defendant, for the purchase of sugar; that they paid the sum of Rs. 11,750 of the total earnest money on seven contracts, and that they received only certain small quantities of sugar on some of the contracts by means not apparently of actual physical delivery of the sugar, but of delivery orders; that the firm was now owned by Ramsaran, a minor son of Murlidhar, the last original proprietor who died in 1912, the said minor being represented by his certificated guardian Mt. Janki Kunwar; that the contracts were entered into between 15th March 1919 and 18th June 1919; that some of the contracts were actually signed by Ramcharan, a minor son-in-law of Mt. Janki Kunwar, the certificated guardian, and that some were signed by a munib, Sheolal, and that all th...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »