Allahabad Court October 1931 Judgments
Kundan Lal and anr. Vs. B. Duli Chand and ors.
Court: Allahabad
Decided on: Oct-28-1931
Reported in: AIR1932All221; 140Ind.Cas.39
ORDERKing, J.1. This is a reference under Section 5, Court-fees Act, 1870. The question is what is the proper court-fee on a certain memorandum of appeal.2. The appellants were impleaded as defendants in a suit for sale on a mortgage upon the allegation that they were subsequent mortgagees. They claimed to be prior mortgagees, but the trial Court found that they are subsequent mortgagees and decreed the plaintiff's suit against all the defendants.3. The appellants appeal to this Court against the decree. The relief sought by the appeal is expressed as follows:That the Hon'ble Court will be pleased to declare that the mortgage deeds held by Bhulla and Kundan are in effect prior to that of the plaintiff and allow the appeal with costs throughout.4. The appeal is valued at Rs. 1,600, but a court-fee of Rs. 10 only has been paid. The Stamp Reporter objects that an ad-valorem court-fee is payable on the value of the subject-matter in dispute in the appeal, namely, Rs. 1,600, and there is th...
Tag this Judgment!Manni Lal Vs. Emperor
Court: Allahabad
Decided on: Oct-28-1931
Reported in: AIR1932All324; 140Ind.Cas.78
ORDERPullan, J.1. This is an application in revision from an order of the Sessions Judge of Jhansi, upholding the conviction of one Manni Lal for an offence under Section 406, I.P.C. This Manni Lal owns a flour mill in Thansi, and for the purposes of his mill took electric current from the Jhansi Electric Supply Co. The accounts produced by the company show that he used electrio current to the amount of 554 units in the month of February 1931. On 26th March 1931, he addressed a letter to the company saying that two of the company's servants had removed his meter on the 24th March, saying that they would either return it or inatal another on the following day, and that they had not done so. The company made an inquiry and satisfied themselves that their servants had not removed the meter and they initiated a prosecution for criminal broach of trust. It appears that at that time some consumers in Jhansi had hit upon a means of tampering with the reading of their meter, and several prosec...
Tag this Judgment!Chander Sarup and anr. Vs. Murari Lal and anr.
Court: Allahabad
Decided on: Oct-27-1931
Reported in: AIR1933All137; 145Ind.Cas.732
Mukerji, J.1. This purports to be an execution second appeal but in our opinion, it does not bear that character, and we shall have to treat the matter before us under our revisional powers. The facts briefly are these: A decree for money was passed against the appellants Chandar Sarup and Joti Prasad, minors on 23rd August 1927. In execution of the decree two houses belonging to the judgment-debtors were attached. The two ladies who were the guardians of the respective minors made an application to the District Judge for permission to raise money by transfer of the minors' property. The execution went on and the threatened sale was postponed from time to time, because the application before the District. Judge was not disposed of. Ultimately a sale was held on 28th June 1929, but the learned Munsif, who was seised of execution, made an order that the sale would not be confirmed, if the judgment-debtors were in a position to pay the decretal amount raised under the permission of the Di...
Tag this Judgment!Emperor Vs. Hulasi
Court: Allahabad
Decided on: Oct-27-1931
Reported in: AIR1933All286
Young, J.1. One Hulasi, son of Ram Sanehi, caste Khangar, appeals from a conviction and sentence of death recorded against him by the Sessions judge of Jaulaun under Section 396, Penal Code. With him were tried four others. The Sessions Judge however acquitted the four others and convicted the appellant only. He appeals, and there is an application before us for confirmation of the death sentence. On the night between 8th and 9th July 1930 a dacoity took place at the house of a Darzi woman, Mt. Tribeni, in the village Kathonda. Mt. Tribeni was found in the next morning by her friends and neighbours suffering from a cut in throat and she died from suffocation owing to her injuries. The village in question is near the border of the Dattia State, and the authorities had been on the look out in connexion with anotherdacoity which had taken place at Basti. The appellant Hulasi was arrested in the Dattia State on suspicion. Various articles of jewellery were found upon him, and the police in...
Tag this Judgment!Janki Das and anr. Vs. Sheo Prasad and anr.
Court: Allahabad
Decided on: Oct-23-1931
Reported in: AIR1932All238
Niamatullah, J.1. This is an application for stay of execution of a final decree passed in a suit based on a mortgage. A preliminary decree had been previously passed. The mortgagor preferred a first appeal to this Court impugning the correctness of the preliminary decree. In the meantime an application was made by the mortgagor to the Court of first instance for the preparation of a final decree. The mortgagor then made an application to this Court praying for stay of the proceedings in the Court of first instance for the preparation of the final decree. It was held by a learned Judge of this Court that proceedings for the preparation of a final decree could be taken pending an appeal from the preliminary decree. A final decree has since been passed by the Court of first instance and the present application is for stay of execution of the final decree.2. A preliminary objection has been taken by the learned advocate for the mortgagee (opposite party) that this Court has no power to or...
Tag this Judgment!Lala Janki Dass and anr. Vs. Rai Bahadur Lala Sheo Prasad and anr.
Court: Allahabad
Decided on: Oct-23-1931
Reported in: 136Ind.Cas.75
ORDER1. This is an application for stay of execution of a final decree passed in a suit based on a mortgage. A preliminary decree had been previously passed. The mortgagor preferred a first appeal to this Court impugning the correctness of the preliminary decree. In the meantime an application was made by the mortgagee to the Court of first instance for the preparation of a final decree. The mortgagor then made an application to this Court praying for stay of the proceedings in the Court of first instance for the preparation of the final decree. It was held by a learned Judge of this Court that proceedings for the preparation of a final decree could be taken pending an appeal from the preliminary decree. A final decree has since been passed by the Court of first instance, and the present application is for stay of execution of the final decree.2. A preliminary objection has been taken by the learned Advocate for the mortgagee (opposite party) that this Court has no power to order the s...
Tag this Judgment!Chiteshwar Dube and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-13-1931
Reported in: AIR1932All127
Niamatullah, J.1. This is a reference by the learned Sessions Judge of Ghazipur in a case in which the applicants for revision have been convicted by a Bench of Honorary Magistrates for offences under Sections 323 and 447, I.P.C., and sentenced to small amounts of fine.2. The Bench of Honorary Magistrates in question consisted of three Honorary Magistrates, namely, Pandit Paras Ram, Pandit Lachhmi Narain and Maulvi Abdul Mughni. The case was heard on a number of dates. Maulvi Abdul Mughni did not join the other members of the Bench on several occasions when witnesses were examined. The learned Sessions Judge is of opinion that the presence of all the Magistrates constituting the Bench on all hearings is indispenssable for a valid trial of a case pending before it. I think this is a correct view of the law applicable to proceedings taken before a Bench of Honorary Magistrates constituted under Sections 15 and 16, Criminal P.C.3. Before the Amending Act of 1923 there was some difference ...
Tag this Judgment!BashiruddIn and anr. Vs. Emperor
Court: Allahabad
Decided on: Oct-13-1931
Reported in: AIR1932All327
Niamatullah, J.1. These are two applications for transfer of two cases, one pending in the Court of the Joint Magistrate, Bareilly, and the other in that of the City Magistrate of that District. The case pending in the former Court is one under Section 60-A, Excise Act, against the applicant Bashiruddin, the other is one under Sections 332 and 225, I.P.C. against both the applicants, Bashiruddin and Nizamuddin, who are brothers.2. On 12th July 1931 the person of Bashiruddin was searched for cocaine by the police at about 10 p. in. at a public place. This is alleged to have led to a scuffle between the applicants on the one side and some police constables on the other. It is not necessary for the purposes of these applications to describe in detail the events which happened on that occasion. Subsequently Bashiruddin was sent up for trial for an offence under the Excise Act before the Joint Magistrate and both the applicants were sent up to the Court of the City Magistrate for an offence...
Tag this Judgment!Bashir-ud-dIn and anr. Vs. Emperor
Court: Allahabad
Decided on: Oct-13-1931
Reported in: 139Ind.Cas.330
Niamatullah, J.1. These are two applications for transfer of two cases, one pending in the court of the joint Magistrate Bareilly, and the other in that of the City Magistrate of that District. The case pending in the former court is one under Section 60-A of the Excise Act against the applicant Bashir-ud-din, the other is one under Sections 352 and 352. Indian Penal Code, against both the applicants, Bashir ud din and Nizam-ud-din, who are brothers.2. On the 12th July, 1931, the person of Bashir-ud-din was searched for cocaine by the Police about 10 p.m. at a public place. This is alleged to have led to a scuffs between the applicants on the one side and some Police Constables on the other. It is not necessary for the purposes of these applications to describe in detail the events which happened on that occasion, Subsequently Bashir-ud-din was sent up for trial for an offence under the Excise Act, before the Joint Magistrate and both the applicants were sent up to the court of the Cit...
Tag this Judgment!(Syed) Hamid Hasan and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-07-1931
Reported in: AIR1932All162
Niamatullah, J.1. This is an application for revision of an order of the District Magistrate of Ghazipur purporting to be one on appeal from an order of the Joint Magistrate of that district passed in proceedings, under Section 107, Criminal P.C, pending before him against the present applicants, who are residents of Jaunpur and took objection to the jurisdiction of the Joint Magistrate taking proceedings under the aforesaid section. The objection was overruled. They moved the District Magistrate who dismissed the appeal.' No appeal lay to the District Magistrate from an interlocutory order of the kind passed by the Joint Magistrate, and the proceedings before the District Magistrate should be regarded as those in revision under Section 435, Criminal P.C, and I treat them as such. The revision to this Court is in no way affected by error of procedure, if any, in moving the District Magistrate.2.The proceedings under Section 107, Criminal: P.C., were initiated by an application presente...
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