Allahabad Court January 1933 Judgments
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(Returning Officer) Municipal Board Vs. Mohammad Ali HussaIn Khan
Court: Allahabad
Decided on: Jan-16-1933
Reported in: AIR1933All343
ORDER1. These are applications in civil revision against an order of the District Judge of Shahjahanpur granting an injunction to restrain the respondent, the returning officer, from holding elections in ward No. 7 in the Shahjahanpur city. The municipal election had been fixed to take place on 5th December 1931. Before this date however the respondent applied for an injunction in the Munsif's Court against the returning officer restraining him from holding the election on this date on the ground of certain irregularities alleged against the returning officer in regard to the initial steps connected with the preparation of the electoral roll. The Munsif in the first instance granted the injunction. On a later date however upon a reconsideration of the matter he discharged the injunction. The opposite party thereupon appealed to the District Judge who restored the injunction against the returning officer. The returning officer now comes in this Court in civil revision praying that the o...
Abdul Jalil Khan Vs. Gulab Singh and ors.
Court: Allahabad
Decided on: Jan-16-1933
Reported in: AIR1933All392
ORDERKendall, J.1. This order will cover the above ten applications for revision which have been made against the judgment and the decree of the Judge of the Small Cause Court of Aligarh. The plaintiffs in all these cases are various bodies of tenants who hold land from two cosharers and have paid rent twice' over, i.e. to each of these cosharers, for the same period. One of the cosharers is 'the lambardar and. he has not joined in the present applications. In all the suits it was admitted by both the defendants that the tenants had paid the rent twice over and that the amount was recoverable. The chief question for decision by the Court below was from which of the cosharers the amount should be recovered. The decision was that it should be recovered from the applicant, and the reasons given are as follows:The two cosharers are not on good terms, and the applicant had been collecting the rents for some years. The lambardar appears to have acquiesced in this arrangement, but as he could...
Sheo Baran Singh Vs. Lachmi Narain
Court: Allahabad
Decided on: Jan-16-1933
Reported in: AIR1933All749; 147Ind.Cas.830
Kendall, J.1. This is an application for revision of an order of the Subordinate Judge of Aligarh, rejecting the application made by the present applicant to the effect that he should decide a particular issue in a civil suit in his Court before proceeding to hear evidence on the rest of the issues. The suit was brought by Lachmi Narain against the applicant, who is a Munsif, for damages to the amount of Rs. 1,000 on account of physical injury and mental distress and disgrace by reason of the fact that on 10th February 1931 the Munsif had ordered him to be turned out of Court and had actually had him. turned out by a peon. The suit was brought against the Munsif and the peon and the defence was briefly that the plaintiff had not been actually turned out, although the Munsif did pass the order for turning him out, and that the Munsif was protected by the Judicial Officer's Protection Act (Act. 18 of 1850).2. Mr. Dar in supporting the application for revision has referred to the plaint, ...
The Returning Officer, Municipal Board Vs. Mohammad Ali HusaIn Khan
Court: Allahabad
Decided on: Jan-16-1933
Reported in: 143Ind.Cas.143
Thom, J.1. These are applications in Civil Revision against an order of the District Judge of Shahjahanpur granting an injunction to restrain the respondent, the returning officer, from holding elections in ward No. 7 in the Shahjahanpur City.2. The Municipal election had been fixed to take place on the 5th of December 1931. Before this date however the respondent applied for an injunction in the Munsif's Court against the returning officer restraining him from holding the election on this date on the ground of certain irregularities alleged against the returning officer in regard to the initial steps connected with the preparation of the electoral roll. The Munsif in the first instance granted the injunction. On a later date however upon a reconsideration of the matter he discharged the injunction. The opposite party thereupon appealed to the District Judge who restored the injunction against the returning officer. The returning officer comes now to this Court in Civil Revision prayin...
Mt. Jagannath Kunwar and ors. Vs. Jaipal and ors.
Court: Allahabad
Decided on: Jan-13-1933
Reported in: AIR1933All257
Mukerji, Ag. C.J.1. This appeal has been referred to a Full Bench because of some difficult points of law involved in it. The facts of the case briefly are these: One Gobind Singh owned a two annas 8 pies share in several villages. He had eight sons, namely, Rajpal, Ajit, Ram Ghulam, Din Dayal, Ram Roshan, Harnam, Ahbaran and Kalu. All the sons except Rajpal made a usufructuary mortgage of a two annas four pies share for 15 years with one Har Mangal Singh. 'Harmangal Singh is now represented by the defendants in the suit out of which this appeal has arisen. The plaintiff, who is respondent 1 in this appeal, has sued to recover the entire property mortgaged except a two pies share which was purchased by the mortgagee, on payment of a proportionate amount of the mortgage money, which was Rs. 600. The plaintiff is the purchaser of 18 2/7 pies and the share is made up in this way: He purchased the shares belonging to the branches of Din Dayal, Ram Roshan, Harnam and Ajit. It appears that K...
Chiranji Lal Vs. Bankey Lal and ors.
Court: Allahabad
Decided on: Jan-13-1933
Reported in: AIR1933All273
Mukerji, Ag. C.J.1. This appeal has been referred to a Full Bench because the learned Judges before whom the appeal came thought that the case of Anantu Kalwar v. Ram Prasad Tewari AIR 1924 All 465, had been wrongly decided. The suit arose in the following circumstances: A pedigree at p. 15 of the printed paper book will show the relationship that existed among the parties to the suit, except defendant 1, who is a transferee. Ram Prasad, Ram Singh and Mt. Mahtab Kunwar, mother of the plaintiff Chiranji Lal, executed a usufructuary mortgage for Rs. 12,441, on 15th July 1924. Chiranji Lal brought the suit out of which this appeal has arisen to obtain a declaration that the mortgage-deed was not binding on him, and he also sued for recovery of possession to the extent of his third share. The first Court went into the question of legal necessity and came to the conclusion that there was none except to the extent of Rs. 500-4-0, being a third share of the total amount binding on the whole f...
Mt. Khairunnissa Bibi Vs. Oudh Commercial Bank
Court: Allahabad
Decided on: Jan-12-1933
Reported in: AIR1933All269
Mukerji, Ag. C.J.1. This appeal has been referred to us by a Bench of two learned Judges of this Court because the point involved is of importance and it was thought necessary that the law on the point should be laid down by a Full Bench.2. The facts of the case will have to be stated at some length in order to appreciate the point or points of law that arise.3. The Oudh Commercial Bank obtained a decree for sale in Suit No. 50 of 1913 of the Court of the Subordinate Judge of Fyzabad against Riasat Husain and Saleha Bibi. The suit was based on a mortgage bond. The final decree in the suit was passed on 16th December 1915. Execution was taken out and Khairunnissa Bibi, who is the appellant before us, was impleaded as an heir to one of the deceased judgment-debtors. She however it appears claimed some of the property mortgaged in her own right and therefore she instituted a suit, being Suit No. 383 of 1923, in the Court of the Subordinate Judge at Azamgarh, to obtain a declaration that s...
Abdul Wahab Khan and anr. Vs. Ibrahim Khan and ors.
Court: Allahabad
Decided on: Jan-12-1933
Reported in: AIR1933All260
King, J.1. This reference to a Full Bench raises a question whether a third appeal lies to the High Court against the decree of a District Judge passed in a second appeal against the appellate decree of a Collector. The appeal arises out of a suit for arrears of irrigation dues amounting to Rupees 172-5-0, and was brought against the heirs of one Sughra Begam, who was said to be a tenant of the plaintiff.2. The suit was defended on a number of grounds, which we need not specify for the purpose of disposing of the point in issue. The suit was decreed for a sum of Rs. 169-2-6 by an Assistant Collector of the Second Class on 21st February 1929. The defendants appealed to the Collector, who dismissed the appeal on 20th June 1929. The defendants appealed a second time to the District Judge, who dismissed their appeal on 7th January 1930. The defendants then instituted this third appeal in the High Court against the appellate decree of the District Judge, and the question is whether the appe...
Reoti Vs. Emperor
Court: Allahabad
Decided on: Jan-11-1933
Reported in: AIR1933All461; 145Ind.Cas.609
Bajpai, J.1. This appeal is connected with criminal Appeal No. 848 and I propose' to deliver a consolidated judgment in both appeals. It appears that Pt. Harsarup, Sub-Inspector of village Chandpur was conducting an inquiry in connexion with a cattle theft in village Ismailpur on 2nd May 1932. It became necessary for him at one stage of the inquiry to send for the chaukidar and the chaukidar was accordingly sent for. There was some delay in the arrival of the chaukidar and on questioning the chaukidar the latter replied that he had gone to wash his hands and face near a tube well where he came across three suspicious persons who on coming to know that the Sub-Inspector was in the village walked away from the place in a suspicious manner. The Sub-Inspector, when he got this information, in company with certain villagers who were with him proceeded towards the tube-well and this party saw three persons going ahead at a distance of about a furlong or so. These three persons when asked to ...
Lachman Singh Vs. Collector of Moradabad and anr.
Court: Allahabad
Decided on: Jan-11-1933
Reported in: AIR1933All641
Iqbal Ahmad, J.1. This is a plaintiff's appeal and arises out of a suit or redemption of a usufrucuary mortgage dated 1st November 1868. The mortgage was executed by two brothers named, Gulab Singh and Baldeo Singh and their mother Mt. Nawal Kunwar in favour of Rai Pradman Krishna, the predecessor-in-title of the defendant-respondent. Under the mortgage-deed the usufruct of the mortgaged properties was to be appropriated by the mortgagee in lieu of the interest on the principal mortgage money. The property mortgaged was a certain share in village Agol and some share in a village named Kudarni. In the present appeal we are concerned only with a portion of the share mortgaged in village Agol. The claim with respect to that share was decreed by the trial Court, but has been dismissed by the lower appellate Court. The share mortgaged in village Agol belonged to Debi Singh and was situated in Patti Debi Singh. Half of that Patti was mortgaged to Pradman Krishna. The names of Gulab Singh and...
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