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Allahabad Court April 1931 Judgments

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Apr 01 1931

Poran Lal and ors. Vs. Rup Chand and ors.

Court: Allahabad

Decided on: Apr-01-1931

Reported in: AIR1931All761

Niamatullah, J. 1. This is an application for revision by the plaintiffs and arises out of a suit brought by them for partition of family property. The parties agreed, on 8th June 1929, to refer the dispute between them to the arbitration of four parsons, including one Madho Ram as an umpire. Accordingly an application was presented on 24th June 1929 asking for a reference to the aforesaid arbitration. Accordingly the matter was so referred. Madho Ram refused to act. By an order, dated 23rd August 1929, the Court directed the parties to nominate another arbitrator in place of Madho Ram. Before any nomination could be made by the parties, the plaintiffs applied, on 2nd September 1929 praying that the arbitration be superseded. The Court rejected this application and appointed one Babu Bimal Prasad as an arbitrator by an order dated 3rd September 1929. The order itself merely appointed B. Bimal Prasad as an arbitrator, but it was construed by the lower Court as amounting to a reference t...


Apr 01 1931

Trailokyanath Das and ors. Vs. Emperor

Court: Allahabad

Decided on: Apr-01-1931

Reported in: 137Ind.Cas.163

S.K. Ghose, J.1. In this case, the Jury, by a majority of 4 to 1, found all the appellants guilty under Section 143, Indian Penal Code, and by a majority of 3 to 2, they found the three Das appellants guilty under Section 379 read with Section 109, Indian Penal Code, and they unanimously found all the appellants not guilty of the charges under Section 436 read with Section 109, Indian Penal Cede. The learned Judge accepting the majority verdict, sentenced all the appellants to undergo rigorous imprisonment for three months under Section 143 and the Das appellants to undergo rigorous imprisonment of one year each under Section 379 109, Indian Penal Code the sentences running concurrently.2. The prosecution case is briefly this; Jnanada, P.W. No. 10, purchased the rights of a tenant in respect of 82 bighas odd of paddy land, the landlords being the Dases. From the time of his purchase in 1920, Jnanada has been in possession through bhag tenants. At the time of the occurrence, the bhag te...


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