Allahabad Court December 1930 Judgments
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Collector of Etawah Vs. Bindraban
Court: Allahabad
Decided on: Dec-18-1930
Reported in: AIR1931All538; 136Ind.Cas.77
Mukerji, J.1. This appeal has been filed as an appeal against an order made in execution of a decree. This seems to be wrong. The appellant brought a suit for recovery of possession over three properties and he asked for mesne profits. The suit was decreed in respect of one of the properties and a certain order was passed in respect of mesne profits. It was to the effect: 'The amount of mesne profits will be settled in the execution department.'2. The appellant made an application to the Court below for preparation of a final decree under the provisions of Order 20, Rule 12 (2), Civil P. C. His application has been disallowed on the ground that the judgment did not direct payment of any mesne profits to the appellant. It is against this order that the present appeal has been filed.3. The assessment of mesne profits is a proceeding in the suit and it has nothing to do with the execution department. When the mesne profits are assessed a final decree is to be passed under the provisions o...
Joti Prasad Vs. Baru Singh
Court: Allahabad
Decided on: Dec-17-1930
Reported in: AIR1931All219
Mukerji, J.1. This is an execution; first appeal and arises under the following circumstances:One Chadda Singh, father of respondent 1 Baru Singh, mortgaged his property to the decree-holder appellant, Joti Prasad, on 8th July 1910. Six years later, on 31st March 1917, a second mortgage was made in respect of a portion of the property mortgaged in 1910, in favour of the respondents Jagannath and Shambhu Nath. Janeshar Das, another respondent to this appeal, purchased most of the property mortgaged, on 28th March 1919 for a sum of Rs. 10,000. Baru Singh, who had since succeeded his father to the property, had to pay off certain debts including a promissory note executed by himself in favour of Joti Prasad. Accordingly, he left most of the consideration money in the hands of Janeshar Das for payment to his creditors including Joti Prasad and Jagannath and Sbambhunath, As no payments were made to Joti Prasad, he brought a suit on foot of the mortgage of 1910 and obtained a final decree on...
Lachhmi NaraIn Vs. Beni Ram
Court: Allahabad
Decided on: Dec-17-1930
Reported in: AIR1931All327
Banerji, J.1. This is a plaintiff's appeal in a suit for dissolution of partner-snip and rendition of accounts.2. The plaintiff came into Court on the allegation that his father Hoti Lal and the defendant Beni Ram entered into a partnership to carry on a confectionery business in Cawnpore and opened a shop styled ' Beni Ram Hoti Lal ' about the year 1900. The defendant, he alleged, was taken by Hoti Lal as a partner in consideration of his services and invested no capital and that they were partners in equal shaves. Hoti Lal died in 1920 but the firm continued to work as before in partnership of the plaintiff and the defendant. The plaintiff finding that a considerable sum was due to him which the defendant would not pay and the defendant refusing to render accounts, seeks dissolution of partnership and a decree for the sum that may be due upon accounting.3. The defendant in his written statement controverted the facts as to the constitution of the partnership and stated that. Hoti Lal...
Mohammad Jalil Khan and ors. Vs. Ram Nath Katua and ors.
Court: Allahabad
Decided on: Dec-17-1930
Reported in: AIR1931All341
Sulaiman, J.1. This is a defendants' appeal arising out of a suit for a declaration that the plaintiffs along with the other Hindus of Bahadurganj are entitled to conduct their processions, both social and religious, on all the streets and thoroughfares, playing music with other religious ceremonies according to their natural rights as well as customs of their community in the usual manner, past the sites occupied by the Juma Mosque and other mosques of the village as freely as they do at any other place, and that the defendants have no right to offer obstruction or to prevent them from doing so at any place therein. The plaintiffs allege that they have been celebrating their festivals from time immemorial and have been conducting processions accompanied with music and other religious observances, that the defendants in 1924 stopped the plaintiffs from playing music in their processions near their mosques and moved the Sub-divisional Magistrate who issued a notice under Section 144, Cr...
Alopi and ors. Vs. Gajadhar Prasad and anr.
Court: Allahabad
Decided on: Dec-16-1930
Reported in: AIR1931All323
Kendall, J.1. This second appeal arises from a suit brought by Pundit Gajadhar Prasad and others who are unquestionably the part owners of a muhalla in Allahabad City. They sued the present appellants on the allegations that the appellants had been permitted by them to occupy a certain site in the muhalla but had recently made some encroachments on land of 'the plaintiffs in the neighbourhood in consequence of which the plaintiffs no. longer wished to permit them to occupy the land in dispute. The defendants-appellants denied the plaintiff's title, and their defence amounted to an assertion of title by adverse possession. Both the Courts below have decreed the plaintiffs' suit.2. The findings of fact have not been so clearly stated as they might have been, and the present suit was disposed of by the lower appellate Court in a judgment governing other appeals in which the circumstances were somewhat different. The learned District Judge however definitely found that while the plaintiff ...
Kundan Lal Vs. Emperor
Court: Allahabad
Decided on: Dec-16-1930
Reported in: AIR1931All315
Mears, C.J.1. Kundal Lal applies in revision against an order of Mr. Badhwar who on 2nd April 1929, declared Kundan Lal to be a tout. It appears that the Bar Association of Dehra Dun appointed an enquiry committee and eventually passed a resolution giving the names of seven persons who were asserted to be touts. We note from the resolution which was. eventually submitted to Mr. Ansari and considered by him, that two members of the association voted in favour of Kundan Lal on the ground that he was not a tout but 18 voted against him. When the matter came up before Mr. Ansari, Kundan Lal called certain witnesses as 'to character, whose evidence cannot have been believed by Mr. Ansari nor by Mr. Badhwar when this matter came before the latter Judge. It transpired that between 1923 and 1926 Kandan Lal had been in trouble over an embezzlement of moneys belonging to the client of a lawyer and he had also been sentenced to eight months' imprisonment, apparently for abduction. Those two matte...
Shair Ali Vs. Jagmohan Ram and anr.
Court: Allahabad
Decided on: Dec-16-1930
Reported in: AIR1931All333
Mears, C.J. 1. This is an application for revision of an order passed by the City Munsif of Azamgarh on 12th March 1930 directing that the name of Babu Janki Nath Sahai be struck off the plaint under Order 1, Rule 10, Clause (2), Civil P.C.2. The applicant had instituted a suit for damages for malicious prosecution against two defendants viz., Jagmohan Earn, the complainant, and Babu Janki Nath Sahai, the trying Magistrate, upon allegations which appear to us to be somewhat curious.3. Jagmohan Ram, defendant 1, and Shair Ali, plaintiff, are residents of Baragaon, a village within the jurisdiction of the Subdivisional Magistrate of Ghosi. On 12th October 1928, Jagmohan Ram lodged a complaint against Shair Ali, the plaintiff, Ziauddin, his father, Alim Uddin, and Barhu Bhar, in the Court of Babu Janki Nath Sahai who was the Subdivisional Magistrate of Ghosi under Sections 447 and 323, I. P.C. During the pendency of the complaint, Babu Janki Nath Sahai was transferred from Tahsil Goshi an...
Mohan Lal Vs. Madhava Prasad and ors.
Court: Allahabad
Decided on: Dec-16-1930
Reported in: AIR1931All331
King, J.1. This is an appeal against an order passed by the learned District Judge of Benares on 25th October 1929 annulling an order of adjudication passed in respect of one Mohan Lal under the Provincial Insolvency Act, 1920.2. Mohan Lal presented an insolvency petition on 26th November 1924. He showed the debts due from him as about Rs. 32,000, and showed assets, mainly in the shape of debts due to him, amounting to about Rs. 24,000. On 21st November 1925 the District Judge adjudged the applicant an insolvent and ordered him to apply for his discharge within one year. The applicant did apply within the prescribed period. The period was extended from time to time upon the motion of the official receiver and successive applications for discharge were made. The last application was made on 17th September 1929. On 8th April 1929 the official receiver submitted a report recommending; that 'as the actions of the insolvent have-not been very fair and straightforward,' the insolvency should...
Mohan Lal Vs. B. Madhava Prasad and ors.
Court: Allahabad
Decided on: Dec-16-1930
Reported in: 131Ind.Cas.35
1. This is an appeal against an order passed by the learned District Judge of Benares on the 25th of October, 1929, annulling an order of adjudication passed in respect of one Mohan Lal under the Provincial Insolvency Act, 1920.2. Mohan Lal presented an insolvency petition' on the 26th of November, 1924. He showed the debts due from him as about Rs. 32,000, and showed assets, mainly in the shape of debts due to him, amounting to about Rs, 24,000. On 21st November, 1925, the District Judge adjudged the applicant an insolvent and ordered him to apply for his discharge within one year. The applicant did apply within the prescribed period. The period was extended from time to time upon the motion of the Official Receiver and successive applications for discharge were made. The last application was made on the 17th of September, 1929. On the 8th of April, 1929, the Official Receiver submitted a report recommending that 'as the actions of the insolvent have not been very fair and straightfor...
Raj Kumar and ors. Vs. S. Mohan Lal
Court: Allahabad
Decided on: Dec-13-1930
Reported in: AIR1931All253
Sulaiman, J.1. This is a defendants' appeal arising out of a suit for sale on the basis of a mortgage deed dated 14th October 1920 for Rs. 4,000 executed by Mukat Lal, defendant 1, for self and as guardian of his two minor sons. All these persons are impleaded in the suit, as also other minor sons who were born subsequently. The claim was contested on the ground that the mortgage was without any legal necessity and was not binding on the family. The reply of the plaintiff was that the money had been required for the purposes of an ancestral business and the debt was binding on the family.2. The learned Subordinate Judge has come to the conclusion that it is not true that there was any ancestral family business, but it is proved that the money was required for a family business which had been carried on by Mukat Lal for about 14 years before the loan and that the money was utilized for the purpose of increasing the stock of cloth. He commented on the fact that defendant 1 had not produc...
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