Allahabad Court June 1929 Judgments
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Mahant Shantanand Gir Vs. Mahant Basudevanand Gir
Court: Allahabad
Decided on: Jun-25-1929
Reported in: 119Ind.Cas.5
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 persona 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.2. 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. 4,005 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 ...
Goli Vs. Emperor
Court: Allahabad
Decided on: Jun-24-1929
Reported in: AIR1930All17
1. Goli appeals from his conviction under Section 477 read with Section 75, I.P.C. and a sentence of transportation for life. The charge under Section 75, I.P.C. referred to no less than 5 previous convictions of theft and house-breaking with sentences beginning with three months and ending with three years. The accused pleaded guilty to all these convictions, with the exception of one, which he said had been set aside in appeal. But the learned Judge says that he has seen the record of that case and finds that the appeal was dismissed. It is a regrettable feature of these cases, where a man has already had a number of convictions, that everything seems to be assumed against him and that care is not devoted to the enquiry as to whether the present charge is well founded or not. The record of the evidence is very small, but we have had to give the case considerable time, because it was obviously neither desirable that a man who was of a bad character should escape punishment, if he were...
Collector of Ballia Vs. Benaik Pershad Pandey and ors.
Court: Allahabad
Decided on: Jun-24-1929
Reported in: AIR1929All759a; 122Ind.Cas.745
1. This is a defendants' appeal arising out of a suit for recovery of an amount from the estate of Banke Bahadur Singh, deceased. The plaintiffs impleaded the minor sons of Banke Bahadur Singh under the guardianship of their mother, Mt. Janki Kunwar. She declined to act as guardian, and ultimately the Collector, as the manager of the Court of Wards, was appointed the guardian ad litem of the minors. One of the pleas raised in defence was that the minors were the wards of the Court of Wards and could not be sued in their personal capacity without impleading the Collector. The Court of first instance overruled this plea on the view that the presumption under Section 16, Court of Wards Act of 1912 was rebuttable and it was established by evidence that the Court of Wards had not in fact taken possession of some of the properties of the wards. An appeal was preferred by the Collector of Ballia on behalf of the minor defendants, and that appeal has been dismissed by the Judge, although he di...
Collector of Ballia Vs. Liladhar Bhagat
Court: Allahabad
Decided on: Jun-24-1929
Reported in: AIR1929All761; 122Ind.Cas.753
1. A preliminary objection is taken to the hearing of this revision, namely, that no revision lies inasmuch as the District Judge has at best only committed an error of law and has not acted without jurisdiction or committed any irregularity or illegality in the exercise of his jurisdiction. The suit was brought to recover a sum of money from certain minors, whose estate was under the Court of Wards of which the Collector was the manager, on a sirkhat executed by the deceased father of the defendants who also in his time had been a ward of the Court. The Collector was not impleaded as a party to the suit. The imperative provisions of Section 55, Court of Wards Act, were not complied with.No ward shall sue or be sued nor shall any proceedings be taken in the civil Court otherwise than by and in the name of the Collector in charge of his property or such other person as the Court of Wards may appoint in this behalf.2. It was obvious that in the absence of the Collector the suit was wholl...
Abdul Rahim Vs. Mohammad Salim
Court: Allahabad
Decided on: Jun-24-1929
Reported in: AIR1929All868; 118Ind.Cas.47
1. This is a Letters Patent Appeal against a decree of a learned Judge of this Court dismissing the second appeal of the plaintiff-appellant. The plaintiff Abdul Rahim is found by the lower appellate Court to be the son of Nazir Ali and the full brother of Sadiq. Sadiq was the last holder of an occupancy holding and he died about March 1924. After his death that holding was in the possession, as is found by the lower appellate Court, of the two defendants who are the sons of a daughter of Sadiq. In the year 1924 the zemindar filed a suit for ejectment against the defendants, and on 7th July 1925 a compromise was entered into between the zemindar and the defendants by which he acknowledged them as tenants of the occupancy holding at an enhanced rent. The plaintiff brought the present suit on 15th September 1925, that is, within a period of six months from the compromise of 7th July 1925. The plaintiff states that he had no knowledge whatever of that litigation between the zemindar and t...
Dulichand Vs. Emperor
Court: Allahabad
Decided on: Jun-24-1929
Reported in: AIR1929All833; 121Ind.Cas.560
Dalal, J.1. Dr. Katju desired to induce the Court to interfere with a finding of fact of the Magistrate that a particular brick-kiln started by the applicant was a public nuisance in the place where it was started Reference was made to Bench ruling of this Court in the case of Behari Lal v. James Mac Lean Dean A.I.R. 1924 All. 392 to induce me to examine the evidence recorded by the Magistrate and pronounce independently whether the brick-kiln was a nuisance or not. The case cited was a case in second appeal where the provisions of law applicable are different from the provisions applicable to a revision under the Criminal Procedure Code. It was alleged that once the brick-kiln is stopped Duli Chand will have no remedy in the civil Court. If this were really the case I would have been prepared to inquire into the facts. Reference was made to para. 2, Section 133, Criminal P.C. That prevents the civil Court from questioning the order duly made by a Magistrate under Section 133 which emp...
Ram Khelawan Singh and ors. Vs. Maharajah of Benares
Court: Allahabad
Decided on: Jun-22-1929
Reported in: AIR1930All15
1. A preliminary objection is taken that no appeal lies to this High Court and it is based on the contention that the case is governed by the old law and not by the new Tenancy Act (Local Act 3 of 1926).2. The appeal purports to be from an order rejecting certain objections to the confirmation of a sale. Under the old law an appeal from such an order undoubtedly lay as far as we are aware to the Commissioner and not to the High Court. An appeal was preferred to the Commissioner. But it was opposed by the decree-holder on the ground that the case was governed by the new law and that an appeal should really have been filed under Section 248, Sub-clause 3 of the new Tenancy Act. The Commissioner entertained this objection raised on behalf of the decree-holder and returned the appeal for presentation to the proper Court. The judgment-debtor presented his appeal to the District Judge instead of to the High Court. The learned Judge has held that the valuation of the suit having been more tha...
Ram Chander and ors. Vs. Sher Ali and anr.
Court: Allahabad
Decided on: Jun-22-1929
Reported in: AIR1929All779; 118Ind.Cas.42
1. This is a Letters Patent appeal from a judgment in second appeal of a learned single Judge of this Court dismissing the suit of the plaintiffs. The plaintiffs are residents in mohalla Mubarak Shah in the town of Saharanpur and they brought a suit to restrain the defendants from preventing the plaintiffs from using a certain well in that mohalla. The plaintiffs claimed to be owners of the ground in which the well stood and on this portion of their claim the finding of fact of the lower appellate Court that they are not owners is conclusive. In, para 7 of the plaint there is the following pleading:Apart from this, the plaintiff and their predecessors had always a right to take water from the pakka well; and the situation of the well is also such as to afford a right of easement to the plaintiffs as well as to other persons, of drawing water from it. The waste: land also has been used by the plaintiffs for different purposes. For this reason also defendants 1 and 2 have no right to int...
Bhagwan Das and ors. Vs. Sheikh Zamurrad HusaIn and anr.
Court: Allahabad
Decided on: Jun-16-1929
Reported in: 119Ind.Cas.833
1. This is a defendants appeal arising out of a suit by plaintiffs to have certain windows and doors made by the defendants closed. The plaintiffs and defendants owned houses on the opposite sides of a street. It has been found to be at its maximum in the neighbour-hood of the houses 17 feet in width. The locality is the town of Debai in the District of Bulandshahr.2. The plaintiffs' house faced towards the east, the defendants towards the west. The plaintiffs had a two storied house, on the first floor, i.e., upper storey, of which the women folk of the house are said to, at any rate occasionally, spend their time. The defendants' house was originally a single-storied house but some three or four years ago they proceeded to rebuild it, and a few months before suit they proceeded to add to; it a second storey. It was the plaintiffs' case that prior to the addition of this second-storey there had been screen walls on the roof of the defendants' house and that as a result no one from the...
Bal Kishan Vs. Chhidda and ors.
Court: Allahabad
Decided on: Jun-14-1929
Reported in: AIR1929All654; 122Ind.Cas.661
Dalal, J.1. There was a certain suit in which there were eleven defendants and a decree for costs was passed in favour of the plaintiff Baburam of that suit. The decree for costs was recovered entirely from the plaintiff of the present suit Bal Kishan, so he sued the other defendants of the former suit for rateable contribution. The amount recovered from him alone was Rs. 115-4-0 and he desires interest Rs. 37-0-0 thereon. The total would be Rs. 152 and odd. It appears that only four persons Bal Kishan, his wife Mt. Neta, Kundan and Mt. Janki, defended the suit and only three of them, excepting Mt. Janki, appealed and their appeal was dismissed. The learned Judge of the lower appellate Court has made some elaborate observations as to the respective liability of the defendants. He has missed the point completely. In the present suit a defendant has not come to recover rateable contribution of the expenses incurred by him and money expended in defence of a suit brought jointly against hi...
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