Allahabad Court January 1931 Judgments
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Emperor Through Durga Prasad Vs. Sheocharan Lal and anr.
Court: Allahabad
Decided on: Jan-23-1931
Reported in: 131Ind.Cas.865
Bennet, J.1. This is an application for revision against an order of acquittal of two accused Sheo Oharan Lal and Sri Pershad his brother. There was some difficulty in the service of notice on one accused, but eventually notice was served on Sheo Oharan Lal personally on 8th January 1931 and the summons bears an endorsement to that effect by him. Sri Pershad his brother has been represented by learned Counsel in this Court and the facts of the case have been fully laid before me. The complainant Durga Prasad son of Bholanath brought a complaint in the Oourt of a Magistrate in regard to infringement of copyright by the two accused by their publication in the year 1920 of a book Ex. Order The printing and publication, of this book is admitted by the ascusedj but they stated that it was composed by one Mulu Singh from whom the accused had received a manuscript copy. This book Ex. C is Lakhan's gauna and it is admittedly a portion of a book Ex. A published by the complainant in 1910 and re...
Arjun Singh Vs. Emperor
Court: Allahabad
Decided on: Jan-22-1931
Reported in: AIR1931All362
ORDERKendall, J.1. This is an application for the revision of an order of the Sessions Judge of Benares upholding the Magistrate's order in which he convicted the applicant Arjun Singh of an offence under Section 193, I. P.C. The question raised here is what is to be the standard of proof in a case of perjury where the accused is not charged with two mutually contradictory statements one of which must be false but with making statements that must be proved to be false by other evidence. The circumstances out; of which this case arose are one Santokhi a resident of Jaunpur District, together with another was sued in Rangoon in the Small Cause Court on the basis of a promissory note and a decree was obtained against him in Rangoon. Santokhi filed a suit in Jaunpur to set aside this decree on the ground that it had been obtained against him by fraud, alleging that he had never been to Rangoon and did not execute the promissory note and that Raghunandan of his village who was an enemy of h...
Yusuf Ali Khan Vs. Lachmi Mani Dassi
Court: Allahabad
Decided on: Jan-22-1931
Reported in: AIR1931All630
Sen, J.1. Shrimati Lachmi Mani Dassi applied for the enforcement of a decree against Yusuf Ali Khan about the construction of a wall. The Court bailiff was deputed to have that wall constructed. He returned without doing so and submitted a report to the learned Munsif of Cawnpore, that Yusuf Ali Khan and certain other persons had obstructed him in the discharge of his duty. He accordingly prayed that proceedings be initiated against Yusuf Ali Khan under Section 186, I.P.C. This report was apparently made under Section 195 (a), Criminal P.C. The Munsif held a preliminary enquiry and came to the conclusion that no complaint should be filed against Yusuf Ali Khan. He accordingly rejected the application of the Amin. On an appeal being preferred to the learned District Judge of Cawnpore, he reversed the order of the Munsif and has directed the prosecution of Yusuf Ali Khan under Section 186, I.P.C. An appeal has been preferred to this Court. A preliminary objection has been taken that no a...
Bhullan and ors. Vs. Bachcha Kunbi and ors.
Court: Allahabad
Decided on: Jan-21-1931
Reported in: AIR1931All380
Young, J.1. This is an appeal arising out of a suit for redemption of a usufructuary mortgage dated 19th January 1898. The plaintiffs are the sons of one of the original mortgagors, and defendant 1 is a transferee from the original mortgagee, having purchased the mortgagee rights on 3rd May 1913. The defence was that the suit was premature. The learned Judge in the Court below has held that the suit is premature, and has dismissed it.2. The mortgage deed itself is a peculiar document. The main point in the deed which has been discussed here on appeal is contained in Clause 4, which reads as follows:Should we, the executants, or our heirs wish to get the property redeemed and pay the principal amount in a lump sum after 59 years on Jeth Sudi Puranmashi of the 60th year, then the property shall be redeemed. Should we the executants, or our heirs wish to get the property redeemed within 60 or after 60 years, then the property shall not be redeemed.3. The meaning of this clause clearly is,...
Mufassil Bank Ltd. Vs. Molvi Subhan Ullah and ors.
Court: Allahabad
Decided on: Jan-21-1931
Reported in: AIR1931All427
Sen, J.1. This is an application for revision under Section 115, Civil P. C., and arises out of certain proceedings in a suit for redemption of a mortgage. On 23rd October 1918, Mt. Saghir-un-nissa in consideration of Rs. 2,500 made a usufructuary mortgage of the property in dispute in favour of a company known as the Salt Company. This Salt Company became subsequently amalgamated with the Mofussil Bank Limited.2. In 1926, Mt. Saghir-un-nissa made a simple mortgage of the same property in favour of Hansraj Saithwar. She sold her equity of redemption to Moulvi Subhan Ullah. Hansraj brought a suit for redemption of the mortgage deed dated 23rd October 1918, and impleaded the Mufassil Bank, the Salt Company, Mt. Saghir-un-nisa and Subhan Ullah as defendants.3. A preliminary decree was passed under Order 34, Rule 7 on 30th April 1927. An application was made for the grant of a final decree on 22nd December 1927, and a final decree was obtained on 31st March 1928.4. The preliminary decree p...
Parbhu NaraIn Singh Vs. Jang Bahadur and ors.
Court: Allahabad
Decided on: Jan-21-1931
Reported in: AIR1932All35
Niamatullah, J1. The suit which has given rise to this appeal was brought by the plaintiff-appellant for arrears of rent against the defendant respondent a fixed-rate tenant, at the rate of Rs. 62-10-8 a year, in respect of a holding comprising 19 bighas 7 biswas.2. The suit was contested only as regards the rate of rent. According to the defendant, the rent of the holding is only Rs. 44-10-8 which has always been paid by him. The only issue which arose in the case was whether the rent payable by the defendant was Rs. 62-10-8 or Rs. 44-10-8. Both the lower Courts have upheld the defence. Hence this second appeal.3. The case was originally heard by a learned single Judge of this Court, who referred it to a Bench in view of conflicting opinions expressed by the Board of Revenue and a learned Judge of this Court as regards the right construction of the expression 'adam vasuli' occurring in the revenue papers in which the rent payable by the defendant is noted as Rs. 62 10-8 but in the col...
Secy. of State Vs. F. HarnaraIn Chand Bilangaj
Court: Allahabad
Decided on: Jan-20-1931
Reported in: AIR1931All337
ORDERSen, J.1. This is an application for revision of the order of the learned Judge of the Court of Small Causes at Agra, dated 31st May 1930, allowing the plaintiff's claim against the defendant-applicant for Rs. 170.2. Two waggons of coal wore despatched from Musanda by a Colliery Company to a firm at Agra carrying on business under the name and style of Krishna Ice-Factory. The railway receipt was endorsed by the consignee in favour of Har Narain Bengal Chand, who are the plaintiffs in the action. The plaintiffs' claim against the Railway Company was founded upon tort. They alleged that the Railway Company did not deliver the goods to the consignee and unlawfully sold the goods to a third party without any statutory powers.3. The goods were consigned from Musanda on or about 6th March 1929 and reached Agra on 13th March. No notice of the arrival of the goods was sent by the Railway Company to the consignee. One of the questions in controversy in the case is as to whether the Railwa...
Raghubir Saran and anr. Vs. Hori Lal and anr.
Court: Allahabad
Decided on: Jan-20-1931
Reported in: AIR1931All454
Sen, J.1. Lalas Raghubir Saran and Badri Prasad had instituted a suit in the Court of the Munsif of Sambhal against two minors Hori Lal and Kanahi Lal under the guardianship of one Budh Sen for enforcement of a mortgage dated 28th November 1913. This suit was registered under the number 897 of 1925. No part of the property comprised in the mortgage was situate within the jurisdiction of the Munsif of Sambhal. The defendants did not raise the plea that the suit was instituted in a Court without jurisdiction. The guardian of the minors absented himself on the final date of hearing, and eventually, an ex-parte decree was passed against the minors on 25th February 1926.2. The property sought to be sold under the decree consisted of certain zamindari shares, a house and a shop. These were situate within the jurisdiction of the Munsif of Chandausi. Upon the application of the decree-holders, the decree was transferred for execution to the Court last mentioned. The minor judgment-debtors cont...
Ram Raikha Misir Vs. Lallu Misir and ors.
Court: Allahabad
Decided on: Jan-20-1931
Reported in: AIR1931All462
Bennet, J.1. This is a first appeal from order brought by one of the plaintiffs against an order of remand of the lower appellate Court. The facts in the case are as follows:One Faqir Misir owned a 4 pie share in Mauza Mahni Sangram. He had two daughters, Mt. Jagrani who died in 1912 and Mt. Laganmani. Now Mt. Jagrani had a daughter Mt. Ramkali who died in 1916 and Mt. Laganmani had a son Kamla Prasad, who died in 1912, Kamla Prasad's widow is Mt. Parbati, plaintiff 3. On 16th June 1905 Faqir Misir gave half his 4 pie share to his daughter Mt. Jagrani and half to his grandson Kamla Prasad. After the death of Mt. Jagrani Mt. Ramkali her daughter inherited her half share. After the death of Kamla Prasad, his wife Mt. Parbati plaintiff 3 inherited his 2 pies share. After the death of Mt. Ramkali her 2 pies share went to the collaterals of Faqira, namely plaintiffs 1 and 2 and one Chilar Misir. Chilar Misir sold his share to plaintiffs 1 and 2 under sale dead dated 11th December 1926. The ...
The Secretary of State for India in Council Vs. Firm HarnaraIn Bengal ...
Court: Allahabad
Decided on: Jan-20-1931
Reported in: 131Ind.Cas.683a
Sen, J.1. This is an application for revision of the order of the learned Judge of the Court of Small Causes at Agra, dated the 31st of May, 1930, allowing the plaintiffs' claim against the defendant-applicant for Rs. 170.2. Two waggons of coal were despatched from Musanda by a Colliery Company to a firm at Agra carrying on business under the name and style of Krishna Ice Factory. The Railway receipt was endorsed by the consignee in favour of Har Narain-Bengal Chand, who are the plaintiffs in the action. The plaintiffs' claim against the Railway Company was founded upon tort. They alleged that the Railway Company did not deliver the goods to the consignee and unlawfully sold the goods to a third party without any statutory powers.3. The goods were consigned from Musanda on or about the 6th of March, 1929, and reached Agra on the 13th of March. No notice of the arrival of the goods was sent by the Railway Company to the consignee. One of the questions in controversy in the case is as to...
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