Allahabad Court July 1931 Judgments
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Lakhmi Chand Vs. Mt. Anandi
Court: Allahabad
Decided on: Jul-21-1931
Reported in: AIR1932All272
Sen, J.1. This is an appeal by the defendant, and is directed against the preliminary decree dated 25th June 1929, passed by the Subordinate Judge of Muzaffarnagar, in a suit for profits, instituted on 4th August 1926, for recovery of arrears for the period from 15th June 1920 to 30th July 1926.2. Plaintiff's claim was founded upon an instrument, dated 5th June 1915, under which the plaintiff was entitled to recover from the defendant the profits relating to the moiety share of her husband in the joint estate owned by the latter and Baldeo Sahai.3. Various pleas were raised in defence, but we are concerned only with two of them:(l) Jurisdiction; (2) Limitation. These pleas did not find favour with the Court below which decreed the plaintiff's suit. The pleas have been reiterated in the grounds of appeal in this Court and have been argued by the learned advocate for the defendant.4. It has been contended that the suit was in substance, a suit for profits by a co-sharer against another c...
Hafiz Shaikh Fazlur Rahman Vs. Haji Abdulla and ors.
Court: Allahabad
Decided on: Jul-21-1931
Reported in: 137Ind.Cas.58
1. A difference of opinion has arisen between the members of this Bench (vide our separate judgments), it has been argued by the learned Advocate for the appellant that this appeal is governed by Clause 27 of the Letters Patent of 1866 and not by Section 98 of the Code of Civil Procedure. Section 98(2) nine as follows:Where there is no such majority which concurs in a judgment varying or reversing a decree appealed from, such decree shall be confirmed: Provided that where the Bench hearing the appeal is composed of two Judges belonging to a court consisting of more than two Judges, and the Judges composing the Bench differ in opinion on a point of law, they may State the point of law, upon which they differ, and the appeal shall then be heard upon that point only by one or more of the other Judges and that such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal including those who first heard it.2. This rule is applicable no...
Ram Phal Vs. Emperor
Court: Allahabad
Decided on: Jul-17-1931
Reported in: AIR1931All711; 136Ind.Cas.374
Sulaiman, Ag. C.J.1. This is an application in revision from an order of the District Magistrate of Basti, declaring Ram Phal applicant to be a tout.2. There are precedents for the exercise of the power of superintendence by this Court when an order passed by a subordinate officer is against natural justice.3. The learned advocate for the applicant urges before us that there is no legal evidence whatsoever on which the District Magistrate could have legally acted. It appears that apart from certain oral evidence which has not been relied upon by the District Magistrate there were two resolutions of the Bar Associations of Mukhtars and Vakils in the following terms:(1) That the meeting....is of opinion that Ram That stamp vendor of the place is by general repute a tout.(2) It is resolved that Ram Phal stamp vendor of Bansi is a tout on the strength of general repute.4. The District Magistrate had power to act upon the evidence of general repute under Section 36, Legal Practitioners Act,...
Mt. Chhatarpali and ors. Vs. Mt. Kalap Dei and ors.
Court: Allahabad
Decided on: Jul-17-1931
Reported in: AIR1932All114
King, J.1. This is a reference under Section 5, Court-fees Act, 1870.2. The plaintiffs alleged that they were next reversioners of Moti Rawat deceased and that his widow was transferring the property without legal necessity and was committing acts of waste. They claimed the following reliefs : (a) A declaration that the plaintiffs are next reversioners. (b) A declaration that after the widow's death a certain deed of partition will not be binding upon the reversioners and that they will be owners of a certain grove. (c) A declaration that two alienations by the widow will not be binding upon the reversioners after the widow's death, (d) A receiver may be appointed for the management of certain property detailed in Schedule (a).3. They valued the suit at Rs. 12,000 for the purposes of jurisdiction, but paid a fixed court-fee of Rs. 10 on each of the four reliefs, that is, a total of Rs. 40. No objection was taken to the insufficiency of court-fees in the trial Court.4. The plaintiffs be...
Mt. Latif Jahan Begam Vs. Md. Nabi Khan
Court: Allahabad
Decided on: Jul-17-1931
Reported in: AIR1932All174
Sen, J.1. This is an appeal from the-decree of the District Judge of Bareilly dated 31st January 1929 reversing the decision of the Subordinate Judge dated' 5th July 1928 in a suit to recover arrears of a certain allowance called kharch-I-pandan by enforcement of an instrument; dated 28th February 1921.2. Kharch-i-pandan is a recognized institution amongst Mahomedan families of noble descent and its nature and incidents have-been defined by judicial pronouncement of final authorities.3. In 1919, the plaintiff was married to Akhtar Ali Khan, son of the defendant respondent and her dower was fixed at. Rs. 1,25,500 of Mohammad Shahi ashrfis A child was born of this marriage, but died shortly afterwards. Some time after this event, the plaintiff left her husband's house and began to live with her parents.4. On 28th February 1921, the defendant-respondent executed a document in favour of the plaintiff under which he agreed to pay her Rs. 30 every month for her kharch-i-pandan and other expe...
In Re: Right Rev. C.J.G. Sounders, Bishop of Lucknow
Court: Allahabad
Decided on: Jul-16-1931
Reported in: AIR1932All151
Mukerji, J.1. This is a reference by the learned Commissioner of Income-tax under Section 66(2), Income-tax Act, in the matter of the Eight Revd. C.J.G. Sounders, Lord Bishop of Lucknow.2. The facts of the case are very short and simple. The Lord Bishop of Lucknow draws a salary from the Government of India. He also receives an amount of money ranging from 600 to 700 a year, which is payable to him and which is paid to him in London. This income arises in this way. Certain subscriptions were raised both in India and in England, and a fund was created, which is known as Colonial Bishopric Fund, London. The trustees of that fund make an allowance of the aforesaid sum (between 600 to 700) a year to the Lord Bishop of Lucknow, who resides at Allahabad. The payment is gratuitous and no condition is attached to the payment, save this, that the payment has to be made to the person who for the time being fills in the character of the Lord Bishop of Lucknnow.3. The assessee, the Lord Bishop, ha...
Secy. of State Vs. Firm Girdhari Lal Shambhu Nath
Court: Allahabad
Decided on: Jul-16-1931
Reported in: AIR1932All220
Sen, J.1. This is an application for civil revision by the Secy, of State who figures as plaintiff in the action. The suit was to recover interest-on five hundies of various dates which were drawn by the firm of Girdhari Lal Shambhu Nath on the firm Ram Narain Chunni Lal. The hundis were payable 61 days after the date of execution.2. The firm of Ram Narain Chunni Lal was owned by Chunni Lai. He died in April 1925 before the hundis had matured. He is said to have died without leaving any issue.3. Upon his death, three rival claimants appeared on the scene; one claimed to be the collateral, heir of Chunni; the second claimed under a will and the third in the right of escheat. A triangular dual is-going on between these three and I am informed that litigations are pending in appeal before this Court.4. On 14th July 1925, Rai Bahadur Seth Soorajbhan, Government Treasurer of Agra, sent a notice on behalf of the Collector of Agra to the defendant calling upon him to pay up the principal and ...
In Re: the Right Revd, C.J.G. Saunders, Lord Bishop of Lucknow
Court: Allahabad
Decided on: Jul-16-1931
Reported in: 137Ind.Cas.84
1. This is a reference by the the learned Commissioner of Income Tax under Section 66(2) of the Indian Income Tax Act, in the matter of the Right Revd. C.J.G. Saunders, Lord Bishop of Lucknow.2. The facts of the case are very short and simple. The Lord Bishop of Lucknow draws a salary from the Government of India. He also receives an amount of money ranging from 600 to 700 a year, which is payable to him and which is paid to him in London. This income arises in this way. Certain subscriptions were raised both in India and in England, and a fund was created, which is known as Colonial Bishopric Fund, London. The trustees of that fund make an allowance of the aforesaid sum (between 600 to 700 a year) to the Lord Bishop of Lucknow, who resides at Allahabad. The payment is gratuitous, and no condition is attached to the payment, save this, that the payment has to be made to the person who for the time being fills in the character of the Lord Bishop of Lucknow.3. The assessee, the Lord Bish...
Durga Thathera Vs. NaraIn Thathera and anr.
Court: Allahabad
Decided on: Jul-14-1931
Reported in: AIR1931All597; 136Ind.Cas.275
ORDERMukerji, J.1. This appeal, the valuation of which is rather small, being only Rs. 49 and therefore cognizable by a single Judge, came for admission before Niamatullah, J., and he ordered that it should be put up before a Bench of two Judges for hearing. We are of opinion that it should be heard by a larger Bench, so that the question raised may be definitely decided so far as this Court is concerned.2. This appeal arises out of a suit for redemption. The suit was dismissed by the learned Munsif, after he had written a judgment, covering 12 pages of the manuscript copy, which has been filed by the appellant. The learned Additional District Judge before whom the plaintiff's appeal came for hearing, dismissed the appeal under Order 41, Rule 11 by writing a judgment which covers seven typed lines. The judgment is simply to the effect that the learned Judge is satisfied, on reading the judgment and hearing the counsel for the appellant, that the case has been properly decided, that the...
Mohammad Ishaq Khan and anr. Vs. Rup NaraIn Singh and ors.
Court: Allahabad
Decided on: Jul-13-1931
Reported in: AIR1931All562; 136Ind.Cas.363
ORDERMukerji, J.1. This is a plaintiffs' appeal and arises out of a suit for redemption of mortgage dated 17th. June 1867.2. The plaintiffs are the transferees of the defendants second party who were the original mortgagors. The defendants first party represent the original mortgagees.3. The plaintiffs' case was that owing to an increase in the income of the property mortgaged usufructuarily, the mortgage money has paid itself and there is a surplus of Rs. 410-5-2 in favour of the plaintiffs. They accordingly ask for possession and for the said amount of money as surplus due to them. The defence was that there was no increase in the income of the property mortgaged; on the other hand, there was a decrease in it and there was a document of further charge and the plaintiffs could not redeem without paying the amount due on that document also. In the mortgage deed there was a stipulation that a part of the estimated income of the property would be taken towards a part of the interest and ...
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