Allahabad Court July 1932 Judgments
Emperor Vs. Chittira
Court: Allahabad
Decided on: Jul-29-1932
Reported in: AIR1933All115
Pullan, J.1. Chatra, who is a registered member of a criminal tribe, has been convicted of an offence under Section 454, I.P.C. read with Section 23, Criminal Tribes Act, and has been sentenced to transportation for life. The facts of the case are clearly proved. This Chatra entered a house through the roof in the daytime and stole a 'hansli' and some money. The owner of the house returned in time and he was arrested with the 'hansli' and the money in his possession. There is therefore no question as to his guilt.2. The sentence of transportation has been inflicted because in the opinion of the learned Sessions Judge, there was no alternative sentence under Section 23, Criminal Tribes Act. Section 23, Criminal Tribes Act, lays down that a member of a criminal tribe who having been convicted of any of the offences under the Penal Code specified in Schedule 1, is convicted of the same, or of any other such offence, shall, on a second conviction, be sentenced to not less than seven years'...
Tag this Judgment!Dhiraj Lal-ram Prasad Vs. Sir Jacob Behrens and Sons.
Court: Allahabad
Decided on: Jul-26-1932
Reported in: AIR1933All74
Niamatullah, J.1. This is an appeal from an order of the First Additional Subordinate Judge of Cawnpore on an application by the defendants-appellants under Section 19, Arbitration Act, for stay of a suit brought against the appellants-defendants by the plaintiffs. The plaintiffs are Sir Jacob Behrens and Sons of Manchester, England, and the defendants Dhiraj Lal Ram Prasad, cloth dealers in Cawnpore. These parties have entered into BEHRENS & SONS (Niamatullah, J.) 1933an agreement known as a C. I. F. contract, in the terms of which the defendants purchased cloth from the plaintiffs. Under this contract transactions are carried out in the following manner: The purchaser orders certain goods. The seller after accepting the order despatches the goods, at the same time drawing bills of exchange directing the seller to pay the Chartered Bank of Cawnpore a sum representing the cost of goods, freight and insurance, up to the arrival of the goods in India. The Bank tenders to the purchaser th...
Tag this Judgment!Nazir and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-25-1932
Reported in: AIR1933All31
Pullan, J.1. Seven persens, Nazir, Jumma, Shera, Idu, Sukhan, Harbans and Pheru, have been convicted by the Sessions Judge of Muzaffarnagar of an offence under Section 396, I.P.C, and have been sentenced each to 8 years' R.I. The prisoners have submitted appeals from jail against their conviction, and an application has been made in revision on behalf of the Local Government requesting this Court to enhance the sentences passed upon these persons.2. A dacoity of a ferocious nature took place on the night of 19th/20th October, 1930, at the house of Prabhu Lal Vaish in the village of Kaserwa.the dacoits, who are said to have numbered more than 30, were armed with guns, lathis and probably spears. Two men who interfered with them were shot dead, and another was beaten to death with lathis. The women were grossly ill-used, one or more were violated, and one was tortured. In my opinion a sentence of 8 years' R.I. in such a case is inadequate. No sentence less than transportation for life sh...
Tag this Judgment!S. MuzaffaruddIn Ahmad Vs. S. Murtaza Husain
Court: Allahabad
Decided on: Jul-23-1932
Reported in: AIR1933All298
Niamatullah, J.1. This is a plaintiff's appeal and arises out of a suit brought by him for possession of the few plots of land specified at the foot of the plaint, on the allegations to be presently mentioned. The defence was a denial of the plaintiffs right and an allegation that the defendant was the owner of the plots in dispute. There were numerous other questions which arose between the parties and on which the respective rights of the parties depended. A number of issues were framed by the Court of first instance and decided on the merits. It decreed the plaintiffs suit, but on appeal by the defendant, the lower appellate Court dismissed the suit, holding that the suit was not cognizable by a civil Court. It should be mentioned that no question of jurisdiction was raised in the Court of first instance and it was raised by an application in the lower appellate Court.2. The plaintiff's case, as disclosed in the plaint, is that he is the owner of Mahal Syed Mohd. Hadi, in which the ...
Tag this Judgment!Ram Chandra and ors. Vs. Mt. Dhapo and ors.
Court: Allahabad
Decided on: Jul-22-1932
Reported in: AIR1934All68
Iqbal Ahmad, J.1. This is a plaintiffs appeal and arises out of a suit for partition of a house. Half of the house belonged to Reoti and his minor brother Khawani, respondents, and the remaining half of the house was owned by Mt. Dhapo, one of the respondents. Reoti for himself and as guardian of his minor brother Khawani entered into a contract to sell their half share in the house to the plaintiffs for a sum of Rs. 950. Reoti, however, did not execute a sale-deed in the plaintiffs' favour. On the contrary he sold the half-share in the house to one Bulaki Das on the 29th of November 1926 for a sum of Rs. 850. The plaintiffs then filed a suit for specific performance of the contract entered into by Reoti. Bulaki Das was impleaded as a defendant in that suit. The suit was numbered as Suit No. 560 of 1926 A decree was passed in the plaintiffs' favour. The decree directed Reoti and Khawani to first obtain a partition of their half-share in the house and then execute a sale-deed in the pla...
Tag this Judgment!B. Satya Nidhan Banerji Vs. Md. Hazabber Ali Khan
Court: Allahabad
Decided on: Jul-22-1932
Reported in: AIR1933All93
ORDER1. This and the connected Civil Revns. Nos. 248 to 250 of 1932 arise out of four suits for profits, brought by the opposite party against the applicant, in the Court of an Assistant Collector, Shahjahanpur. The defendant raised a question of proprietary title, on which an issue was struck by the Assistant Collector and remitted to the Munsif for trial and finding under Section 271, Agra Tenancy Act. On receipt of the finding which was in favour of the plaintiff and was binding on the Assistant Collector, the suits for profits were decreed. The applicant preferred four appeals to the Court of the District Judge impugning the correctness of the Munsif's finding and the decision of the Assistant Collector. No appearance was entered on behalf of the applicant, who was the appellant before the District Judge, and his appeals were consequently dismissed. He applied for an order of restoration of the appeals, but his application was also dismissed. He appealed to this Court from the orde...
Tag this Judgment!Kr. Amba Sahai and anr. Vs. Nathu and anr.
Court: Allahabad
Decided on: Jul-21-1932
Reported in: AIR1933All60
King, J.1. This is a plaintiff's second appeal arising out of a suit for uprooting certrain trees newly planted by a grove-holder, and for a perpetual injunction restraining the grove-holder from planting new trees in future without the permission of the zamindar. The defendants pleaded inter alia that they had the right of planting new trees in place of those which had been cut or had fallen down without the zamindars' permission. The trial Court dismissed the suit and the lower appellate Court took the same view and 'dismissed the appeal. The facts proved are that the defendants are grove-holders, and that the grove in question was planted more than 50 years before the institution of the suit. The area of the grove is 1:64 acres and 33 old trees are still standing on it. The Courts therefore held that the land still retained its character of grove-land. It is further found that the defendants planted about 22 new trees in the month of July 1925. As the new trees were planted before t...
Tag this Judgment!Chanderdeo Chaube Vs. Megh Narain
Court: Allahabad
Decided on: Jul-21-1932
Reported in: AIR1933All111
Niamatullah, J.1. This is an application for permission to file an appeal on behalf of one Lachhman, who was painterly in theoriginal suit and who iced between the conclusion of the hearing and. the pronouncement of the judgment in the Court below. His suit was dismissed and his legal representatives, Chanderdeo and Inderdeo, have preferred an appeal along with this application asking for leave to appeal as the legal representatives of the deceased plaintiff. The learned advocate for the respondents contests the application on the ground that it has been made more than 90 days after the death of Lachhman, a fact which is not disputed. I do not however think that the objection has any force. Order 22, Civil P.C., requires applications for substitution of a deceased plaintiff or defendant, in case any of them dies during the pendency of the suit. The provisions of that order have been made applicable to cases in which one of the appellants or respondents dies during the pendency of the a...
Tag this Judgment!Behari and anr. Vs. Mt. Muthra and ors.
Court: Allahabad
Decided on: Jul-19-1932
Reported in: AIR1933All55
Niamatullah, J.1. The plaintiffs shared in the cultivation of the occupancy tenancy of one Gulzari during his life-time. On the death of Gulzari his widow had a life-interest in the tenancy under the terras of Section 24, Agra Tenancy Act. She brought a suit for partition of the holding impleading the plaintiffs, and as a result of that suit the holding was divided and a portion remained in the cultivation of the widow, who subsequently associated with herself in cultivation other persons who are defendants 2 to 4 in this suit. The landlord agreed to this arrangement. The plaintiffs have now brought a suit for a declaration that on the widow's death defendants 2 to 4 will have no rights in the tenancy as against themselves, the plaintiffs, who shared in the cultivation of the last male-holder. The suit was decreed by the Munsif, but his decision has been reversed in appeal by the District Judge. The District Judge was of the opinion that the division of the holding created a new tenanc...
Tag this Judgment!Dakhani and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-19-1932
Reported in: AIR1933All128
Pullan, J.1. The seven appellants have been tried in circumstances which give rise to certain questions of law. The charge framed against them was drawn up in the following terms:That you on, or about 18th June 1981, were members of an unlawful assembly, and in prosecution of the common object of beating Bahadur and his son Mahabir some of the members voluntarily caused grievous hurt to Bahadur and you are thereby under Section 149, I.P.C., guilty of causing the said grievous hurt and simple hurt to Bahadur and Mahabir and thereby committed an offence punishable under Sections 325/149 and 148, I.P.C.2. Certain offences are in the Allahabad Judgeship triable by a jury. The Sessions Judge believing that this was a case which under Section 269, Criminal P.C., should be tried by a jury for one of the offences committed, and with the aid of the jurors as assessors for another, impanelled a jury and instructed the jury to give an opinion on the evidence as to the charge under Sections 325/14...
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