Allahabad Court March 1931 Judgments
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Raghunath Tewari Vs. Budhoo Ram Tewari and ors.
Court: Allahabad
Decided on: Mar-20-1931
Reported in: AIR1932All112
Sulaiman, Ag. C.J.1. This is a defendant's appeal arising out of a suit for joint possession brought in a civil Court. A certain parnaanent lease had been granted by the zatiundarin the name of Raghunath and Sat Narain on payment of Rs. 2,000, the terms of the lease being that the lessee would not be liable to ejectment nor to enhancement of rent. The plaintiff being a member of the joint family of Raghunath claimed that the lease had been taken by the whole joint Hindu family which must be taken into account at the time of the partition. The defendant pleaded that the lease was in favour of Raghunath and his partner alone and not in favour of the whole joint Hindu family of which Raghunath was a member. It was further pleaded that the civil Court had no jurisdiction to entertain the suit. The first Court overruled the plea of jurisdiction and decreed the claim. Before the lower appellate Court the plea of want of jurisdiction was not pressed. It found that the leise had been taken by ...
Balraj Singh Vs. Jai Karan Singh and ors.
Court: Allahabad
Decided on: Mar-19-1931
Reported in: AIR1931All407
Mukerji, J.1. The following pedigree will be useful in appreciating the facts of the case, which are however not very complicated.Bahadur Singh|------------------------------------| |Narain Singh = Mt. Kharak Singh diedBhoi = Mt. Tika in 1926| |Mt. Asharfi (Narain Jai Karan SinghSingh died about (one of theDecember 1920 Mt. sons.)Asharfi born, 1905 or about that time), Jagadish Singh (mar-ried about 1917-1918)|Balraj Singh, plaintiff, minor.2. The last male owner of the property in suit was Narain Singh. The plaintiff's case is that he is Narain Singh's daughter's son, being the son of Mt Asharfi, who in her turn, was the daughter of Narain Singh by the wife Mt. Bhoi. There is a suggestion in the plaint that even if Mt. Asharfi was a daughter of Mt. Tika, the plaintiff was equally entitled to the property of Narain Singh. Defendant 1 calls him self an adopted son of Narain Singh The plaintiff's case is that Jai Karai Singh defendant 1, who is a son of Karak Singh was neither adopted in...
Haji Abdul Shakur Vs. Nandlal and ors.
Court: Allahabad
Decided on: Mar-19-1931
Reported in: AIR1931All552
Young, J.1. This is an appeal against the judgment of the Subordinate Judge of Benares. The plaintiffs were the zamindars of a plot of land. The predecessor-in-title of the appellants executed a kabuliyat by which he agreed to pay to the plaintiffs annual parjot, and he also agreed to pay zarichaharam, that is one-fourth of the sale price received by him whenever he sold his interest in the plot. Doman the defendant's predecessor-in-title defendant 1 in the suit, sold the plot to defendant 2, and the plaintiff zamindars sued both the defendants for the zarichaharam. Defendant 1 did not defend the suit. The trial Court held that defendant 2 was not liable but the lower appellate Court held on the authority of Prabhu Narain Singh v. Ramzan [1919] 41 All. 417 that both the defendants were jointly and severally liable for the amount of the zarichaharam, and gave a decree in favour of the plaintiffs against defendant 2. Defendant 2 appeals.2. The sole question before us is whether, under th...
Patey Singh and anr. Vs. Emperor
Court: Allahabad
Decided on: Mar-19-1931
Reported in: AIR1931All609
Boys, J. 1. Patey Singh and Sarup Singh appeal from their convictions under S 302, I. P.C., and sentences of death. We arcs of opinion that the convictions cannot stand. As the circumstances and nature of the evidence and the relations between the parties are unusual, the evidence led for the Crown will require detailed examination.2. The story for the prosecution is as follows:Jhamman Singh is a man of some position as village life goes, living in Baisanpurwa, a hamlet of Juniadpur. We are not informed as to the size of this hamlet but, so far as the evidence goes, it may have consisted of not less than half a dozen or a dozen houses. Jhamman Singh lived with his younger brother Mithu Singh whose wife Mt. Bitoli, is a young woman of twenty. These three persons are Thakurs. In the same house lived Shankar Teli with his wife Mt. Makhano or Makhania. We will refer to her as Mt. Makhano. These two persons occupied the position of servants in the house of Jhamman Singh. Next door to Jhamma...
Sheo Tahal Ram Vs. Binaek Shukul
Court: Allahabad
Decided on: Mar-19-1931
Reported in: AIR1931All689; 136Ind.Cas.353
Sulaiman, Ag. C.J.1. This is a decree holder's appeal arising out of execution proceedings consequent upon the transfer of a decree by a Court of a Native State. The decree holder brought a suit in the Bhadohi Court within the Benares State against three defendants including Binaek Shukul, the present respondent, and his deceased father Persidh Narain. The summonses were served personally, but they did not appear to contest the claim. The plaintiff led some evidence and the suit was decreed on the merits on 27th July 1916. The other execution records are not before us and the whole history of the execution for this long period is not quite clear. Certain facts however have been definitely found by the Courts below and they are as follows: The objector although served personally did not choose to appear in the Court of the Native State, the decree was passed on the merits, the decree-holder executed his decree within British India several times; apparently in 1926 the decree was transfe...
Jita Mal Vs. Madan Lal and ors.
Court: Allahabad
Decided on: Mar-18-1931
Reported in: AIR1932All4
Sulaiman, Ag. C.J.1. This is an appeal by the decree-holder arising out of insolvency proceedings. The receiver attached cloths in a shop styled 'Rovindra Nath Raj Kumar' which is carrying on business at Aligarh, alleging that this was the property belonging to the insolvents Madan Lal Madho Ram. Objection was filed on behalf of Dr. Kiahaa Chand who claimed that the shop was his own shop and the cloths belonged to him. After evidence was recorded the learned Judge came to the conclusion that it was not proved that the property belonged to the insolvents. He has accordingly ordered that the property may be released from attachment and he also refused to punish the insolvents.2. The insolvents were carrying on a cloth business and owed money to a number of creditors. There was an exhibition held at Muttra in February 1926 and they occupied shops Nos. 25 and 26. The register kept by the treasurer shows that a fire started at shops Nos. 27 and 23 and that nearly half the shops in the exhib...
Ram Charitter Misir Vs. Suraj Teli and anr.
Court: Allahabad
Decided on: Mar-18-1931
Reported in: AIR1932All108; 136Ind.Cas.71
Niamatullah, J.1. This is a defendant's appeal and arises out of a suit brought by the plaintiff respondent for recovery of certain property sold by his mother, who was the certificated guardian, during his minority, to the defendant appellant. It appears that an application was made by the guardian to the District Judge for permission to mortgage the property in dispute. The District Judge made some inquiries to satisfy himself as regards the propriety of transfer of the minor's property and directed the guardian to produce the draft of the mortgage deed for which sanction had been applied for. At a later date the draft of a sale-deed was filed. It has been found that the District Judge was under the impression that the draft produced before him was that of the proposed mortgage-deed to which his permission referred. The District Judge, it has again been found, sanctioned the draft under the impression that it related to the transaction of mortgage to which proceedings before him refe...
Ladli Prasad Zutshi Vs. Emperor
Court: Allahabad
Decided on: Mar-17-1931
Reported in: AIR1931All364
Young, J.1. This is a reference by the Sessions Judge of Allahabad to the High Court for orders.2. In October last Pt. Jawahir Lal Nehru was tried in the Court of the District Magistrate of Allahabad on a criminal charge and was convicted by him. An application was thereafter made by counsel on behalf of Pt. Moti Lal Nehru, the father of the convicted person, for a copy of the judgment delivered by the learned District Magistrate. By his order of 7th November 1930. the learned District Magistrate refused the application on the ground that the applicant was not a party to the case, or acting on behalf of a party to the case. An application was made in revision to the Sessions Court asking that a reference should be made to the High Court with regard to the legality of the said order. The learned Sessions Judge allowed the application and submitted the matter to the High Court for orders.3. As a matter of principle I am of opinion that the proceedings in, and specially the judgments of H...
Banwari Singh and ors. Vs. Sakhraj Singh and ors.
Court: Allahabad
Decided on: Mar-17-1931
Reported in: AIR1931All585
Niamatullah, J.1. This is a defendants' appeal arising out of a suit for redemption brought by the plaintiff-respondent in respect of a mortgage deed dated 28th June 1864, executed by the predecessor-in-title of the plaintiff in favour of Ram Din Singh and Basra} Singh, ancestors of the defendants. The suit., as originally instituted against defendants other than defendants 10 to 12, was admittedly within limitation. Defendants 10 to 12 were subsequently impleaded after the expiry of 60 years from the date of the mortgage. Under ordinary . circumstances the suit against them would be barred by limitation. It has been found by the lower appellate Court that all the defendants form a joint Hindu family and that their interest in the mortgaged property is part of the joint family property. Defendants 10 to 12 are minors, and their respective fathers were impleaded as defendants 7, 8 and 9 in the plaint when first presented.2. Defendants 10 to 12 pleaded limitation when they were made part...
Emperor Vs. Sooba and ors.
Court: Allahabad
Decided on: Mar-17-1931
Reported in: AIR1931All617
Kendall, J.1. This is an application made on behalf of the Government for the revision of two orders of the learned Sessions Judge of Allahabad dated 23rd December 1930 and 19th January 1931, releasing the opposite parties, who are in all 17 in number, on hail. Those persons have been arrested by the police in connexion with alleged offences under Sections 240, 241, 232, 235 and 120-B, I, P.C., and in the affidavit filed on behalf of the Grown by the Deputy Superintendent of Police, G. I. D., it is stated that an organization extending over several provinces exists for the purpose of counterfeiting coin, and that the accused in the present case are charged with being members of this organization or conspiracy. The offences are not bailable, but I am informed that the Magistrate to whom the accused were sent at first released some of them on bail, but when others made an application to the District Magistrate, he refused bail on the ground that the offences were nonbailable, and in cons...
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