Allahabad Court February 1931 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.
Khushal Singh and ors. Vs. Secy. of State
Court: Allahabad
Decided on: Feb-23-1931
Reported in: AIR1931All394
Bennet, J.1. By this appeal Khushal Singh and others are claiming a large sum of money as compensation over and above what has been allowed to them by the learned District Judge.2. It appears that an area of 7 bighas 15 biswas, which is equivalent to 484 acres of land belonging to the appellants, was acquired by the Government. Out of this area 4 bighas 13 biswas were under cultivation, being the sir land of the appellants. The remaining area of 3 bighas 2 biswas were fallow or banjar land. In this appeal we are concerned, among other matters, with the amount of compensation to be awarded for the area under cultivation. The appellants are satisfied with the amount they have got from the learned District Judge as compensation for the fallow land.3. The District Judge has allowed to the appellants Rs. 600 per bigha compensation for the land under cultivation. The appellants want Rs. 1,000 a bigha.4. We have been taken through five exemplars cited on behalf of the appellants. They are fiv...
Emperor Vs. Joti Prasad Gupta
Court: Allahabad
Decided on: Feb-23-1931
Reported in: AIR1932All18; 136Ind.Cas.91
Sen, J.1. The person concerned in this criminal reference is one Joti Prasad Gupta, an advocate of this Court, practising at Meerut. On 13th April 1930, he made a speech on the Barafkhana Ground at Meerut before an audience consisting of about ten thousand persons in which he urged them to break the salt law. He also sold certain packets of contraband salt said to have been manufactured at Ghaziabad. He was prosecuted under Section 9(a), Salt Act (Act 12 of 1888) and under Section 117, I.P.C., before a Magistrate First Class and was convicted of both the offences. He was sentenced to six months' rigorous imprisonment under the former section and to 18 months' rigorous imprisonment under the latter section. The sentences were directed to run consecutively.2. Before the Magistrate Joti Prasad Gupta 'took no part in the proceedings.' He refused to say anything in his defence and declined to produce any evidence on his behalf.3. He preferred no appeal against his conviction or sentence.4. ...
Ajaz Ali Vs. Mt. Zohra
Court: Allahabad
Decided on: Feb-23-1931
Reported in: AIR1932All76
Sen, J.1. Mt. Zohra, a minor Mahomedan girl brought a suit with Mohammad Ibrahim Khan for her next friend in the Court of the Munsif of Etah for recovery of Rs. 780. The suit was directed against Aijaz Ali, who is the applicant before this Court. Aijaz Ali was admittedly married to Mt. Zohra. The latter alleged that she had been divorced by her husband. She claimed from him Rs. 250 being the price of certain ornaments alleged to have been wrongfully appropriated by the husband; Rs. 500 for her dower debt and Rs. 30 for her maintenance during the period of iddat. The divorce is alleged to have taken place on 10th October 1929.2. The defendant denied having divorced his wife and repudiated the claim in toto. On 23rd June 1930, the suit was referred to arbitration. Plaintiff appointed Babu Jagat Narain vakil as her arbitrator. The defendant appointed Babu Ahmad Hussain Khan, mukhtar, as his arbitrator. On Moulvi Hasan Mohomad, vakil, was appointed as the umpire The material portion of the...
Bahadur and anr. Vs. NaraIn Singh
Court: Allahabad
Decided on: Feb-18-1931
Reported in: AIR1931All553
Sulaiman, J.1. This is a defendants' appeal arising out of a suit for declaration that the defendant has no power to make construction, recovery of possession and perpetual injunction. In the plaint it was admitted that the land in dispute was entered in the revenue papers as a grove and it was further alleged that for some time the trees standing upon it dried up and the land became vacant and no fresh trees were planted; that the defendants without the permission of the plaintiff began to construct a pucca and kuchcha house on a portion of the plot, which action was wrongful. The cause of action was alleged to have accrued in December 1916 when the constructions were commenced. Many pleas were taken in the written statement. It was alleged that the land was an ancestral muafi grove of the defendants, that all the trees had not dried up and that the land had never changed its character as a grove, as trees were still standing on a large portion of the land. It was further pleaded that...
Ram Khelawan Koeri Vs. Bishwanath Prasad and ors.
Court: Allahabad
Decided on: Feb-18-1931
Reported in: AIR1932All81
Pullan, J.1. The plaintiffs and one Shaobadal Lal are co-sharers in a certain village. Many years ago Sheobadal Lal brought into cultivation a plot of waste land which ha made over by, means of a permanent lease to Earn Khelawan who is the appellant before me. The plaintiffs brought a suit within 12 years for joint possession of this land. It has bean ruled by a Full Bench of this Court in the case of Hanuman Prasad Narain Singh v. Mathura Prasad Narain Singh : AIR1928All472 that a decree for joint possession cannot be refused on the mere ground that it would be impracticable or inadmissible, and a decree has been passed by the lower appellate Court in favour of the plaintiffs on the ground that they are joint zamindars in this holding and that the defendant Ram Kholawan being a permanent lessee from one co-sharer alone is a trespasser as far as the other co-sharers are concerned, In appeal it is argued that the judgment of the Full Bench to which I have referred is in favour of the ap...
Pragilal Kanhaiya Lal Vs. Ratan Lal Mathra Prasad
Court: Allahabad
Decided on: Feb-12-1931
Reported in: AIR1931All458
Sen, J.1. This is an application for revision by the defendant under Section 25, Provincial Small Cause Courts Act. Defendant borrowed from the plaintiff Rs. 300 on the Divali day. The suit was for recovery of that sum together with interest. The Court below found that the money had been borrowed on the Divali day for the purpose of gambling. This was not a circumstance which vitiated the debt and a suit for its recovery was maintainable. The Court therefore gave the plaintiff a decree. It has been contended by Mr. Surendra Nath Gupta who holds the brief for Mr. Indu Bhushan Banerji that a claim for enforcement of a loan of this character is opposed to public policy under Section 23, Contract Act, I am clearly of opinion that this contention has no force. Where the defendant borrows money from the plaintiff with the clear intention of utilizing the money for the purpose of gambling but there is nothing to indicate that the plaintiff was privy to this intention, there is nothing to prec...
Syed Ibne Hasan Vs. DIn Dayal and anr.
Court: Allahabad
Decided on: Feb-12-1931
Reported in: AIR1931All449a
Sen, J.1. The property belonging to the applicant was sold in execution of a decree on 21st October 1929. One Siraj Ahmad, who did not hold any special or general power-of-attorney from the applicant, deposited the decretal amount and other costs under Order 21, Rule 89, Civil P.C., on 12th November 1929 and applied to have the sale set aside. Ibne Hasan appeared on the scene on 14th December 1929. Both Siraj Ahmad and Ibne Hasan filed affidavits tot he effect that the deposit made by Siraj Ahmad was on account of the judgment-debtor, viz., Ibne Hasan. The auction-purchaser contested the claim on the ground that no valid deposit having been made by the judgment-debtor or by an authorized agent on his behalf within the statutory period of limitation, the sale was not open to avoidance. The learned Munsif acceded to this contention and dismissed the application: hence this application for revision under Section 115, Civil P.C.2. It has been held by this Court in Sarvi Begum v. Haidar Sha...
Municipal Board Vs. Mt. Ram Sri and anr.
Court: Allahabad
Decided on: Feb-12-1931
Reported in: AIR1931All670
Mukerji, J.1. This appeal arises cub of a suit for a declaration of title and for damages instituted by the respondents against the Municipal Board of Etawah under the following circumstances. There is a piece of land which has been painted red on the plan prepared in the Court below by the Court amin. The plaintiffs' case was that plaintiff 1 was the owner of the land and she had on that plot four small shops fetching a rent of about Rs. 80 a month. Plaintiff 2 is her lessee. The shops were burnt down in June 1926 and the land was laid vacant. The plaintiffs made an application to the Municipal Board for permission to build again on the land, but this permission was refused on 27th August 1926 on the ground that the Municipal Board was the owner of the land and not the plaintiffs. The plaintiffs accordingly asked for a declaration that they were the owners of the land in suit. They also asked, as already stated, damages on the ground that having been not allowed to rebuild the shops t...
Prem NaraIn and anr. Vs. Ganga Ram and ors.
Court: Allahabad
Decided on: Feb-11-1931
Reported in: AIR1931All458a
Sulaiman, J.1. This is a judgment-debtors' appeal arising out of an execution proceeding consequent upon the passing of an ex parte mortgage decree dated 24th January 1924 which was made absolute on 10th January 1925. An application for execution was filed on 7th August 1925 and while it was pending the judgment-debtors applied for the setting aside of the ex parte decree on 13th October 1925. There was an interim order staying execution passed on that date. On 24th April 1926 the decree-holder and the judgment-debtors compromised and agreed that the judgment-debtors should be given three months' time to pay up the amount by selling a part of the mortgaged property and that if they failed to pay the amount within the time allowed the execution should proceed. This was a written compromise filed in Court and was verified by the parties on 12th May 1926.2. On 22nd May 1926 the Court passed an order striking off the application for the setting aside of the ex parte decree on the ground th...
Dwarka Prasad and ors. Vs. Ulfat Rai and ors.
Court: Allahabad
Decided on: Feb-11-1931
Reported in: AIR1931All549
Niamatullah, J.1. This is a defendant's appeal arising out of a suit brought by the plaintiff-respondent for enforcement of a mortgage deed executed by respondent 2, Mathura Prasad, by sale of the mortgaged property. The appellants are subsequent transferees. Both the Courts below have decreed the plaintiff's suit. Hence this appeal.2. The only ground pressed in appeal is that the plaintiff omitted to mention the mortgage now in suit in an earlier suit based on a subsequent mortgage, and he is therefore precluded from enforcing the mortgage which ought to have been, but was not, mentioned. This question does not seem to have been raised and argued in the Courts below. The judgments of the two Courts are silent on that point. We do not however wish to base our judgment solely on that aspect of the matter. We think the contention must fail on its merits.3. A puisne mortgagee is not bound to implead a prior mortgagee, subject to whose encumbrance the mortgaged property can be sold in enfo...
- ‹ Prev
- 1
- 3
- Next ›
- Last »