Allahabad Court October 1933 Judgments
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Basant Lal Vs. Mt. Chiranji
Court: Allahabad
Decided on: Oct-24-1933
Reported in: AIR1934All86; 147Ind.Cas.721
ORDERKendall, J.1. The question that has arisen in this application for revision is whether a civil Court to which an issue has been sent by the Revenue Court for decision under Section 271, Agra Tenancy Act, 1926, and which has decided that issue ex parte has any jurisdiction to entertain an application for the setting aside of the ex parte decision and to decide the issue on its merits. The facts are fully given in the order of the learned Munsif. He has come to the conclusion that the civil Court has jurisdiction under the provisions of Section 141, Civil P.C., and Order 9, Schedule 1.2. It has been argued for the applicant by Mr. P.M.L. Verma that Section 141 has no application, and he has cited the cases of Thakur Prasad v. Fakirullah (1895) 17 All. 106. In this case their Lordships of the Privy Council held that this section of the Civil Procedure Code, or rather the equivalent section of the old Code, had no application to execution proceedings, so that there is no real analogy ...
Ram Kumar Dube and ors. Vs. Mt. Bhagwanta
Court: Allahabad
Decided on: Oct-24-1933
Reported in: AIR1934All78
Rachhpal Singh, J.1. This is a defendant's appeal arising out of a suit for recovery of maintenance allowance. The plaintiff Mt. Bhagwanta is the widow of one Hazari Lal, who died as a member of a joint family consisting of himself and the defendants. In 1906 Mt. Bhagwanta instituted a suit against the defendants for her maintenance, but it was dismissed because the Court found that she had been leading an unchaste life. The plaintiff again filed a fresh suit for the recovery of maintenance allowance in 1929 which has given rise to this appeal. She alleged that since the decision of the former suit by the appellate Court she had been leading a chaste and pure life and was therefore entitled to get maintenance from the defendants. She claimed the same at the rate of Rs.60 per mensem. The defendants resisted the claim on the grounds that the plaintiff had all along been leading an immoral life and was not therefore entitled to any maintenance, that the suit was barred by the rule of res ...
Man Singh Vs. Jagat NaraIn and anr.
Court: Allahabad
Decided on: Oct-24-1933
Reported in: AIR1934All312
Mukerji, J.1. This appeal is on behalf of one of the plaintiffs and arises out of a suit instituted in the Revenue Court for the ejectment of the first three defendants.2. The allegation in the plaint was that defendants 1 and 2 held the land in suit with trees thereon as grove-holders but in contravention of the purpose for which the land was let out to them, they allowed defendant 3 to erect a building on the land.3. The defence was manifold, but the principal points were taken that defendants 1 and 2 were proprietors of the land having purchased it at an auction-sale; that they erected several buildings thereon; that under a custom they were entitled to. erect buildings and that the suit was barred by limitation, inasmuch as the building complained of had existed for fifteen months prior to the institution of the suit.4. The learned Assistant Collector inspected the locality, examined witnesses and came to the conclusion that the building was of a standing of less then one year and ...
Emperor Vs. Sheo Janak Pande
Court: Allahabad
Decided on: Oct-24-1933
Reported in: AIR1934All27
ORDERYoung and Collister, JJ.1. Sheo Janak Pandey, Brahmin, was charged In the Court of the Assistant Sessions Judge of Ballia under Section 376 of the Indian Penal Code with the rape of Mt. Ratni, a small girl 12 years of age. The learned Assistant Sessions Judge acquitted the accused. the Local Government appeals. At or about noon on the 25th October 1932, in the village of Piaria, this small girl was engaged in cutting grass in an arhar field. It was alleged by the prosecution that Sheo Janak Pandey, a youth of 16 years of age, same to her and asked her to go with him to a neighbouring field in order to help him to put a bundle upon his head. The girl refused and was threatened by Sheo Janak Pandey. She went with him to his arhar field, and there she was ravished. To prove this case the prosecution called two eye witnesses, Beohu and Rajrup. These witnesses stated that they also were engaged in cutting grass in a neighbouring field; that they heard the shouts of the girl and ran up ...
Emperor Vs. Sheo Janak Pandey
Court: Allahabad
Decided on: Oct-24-1933
Reported in: 147Ind.Cas.238
1. (September 13, 1933.)--Sheo Janak Pandey, Brahmin, was charged in the court of the Assistant Sessions Judge of Ballia under Section 376, of the Indian Penal Code, with the rape of Musammat Ratni, a small girl 12 years of age. The learned Assistant Sessions Judge acquitted the accused. The Local Government appeals.2. At or about noon on October 25, 1932, in the village of Piaria this small girl was engaged in cutting grass in an arhar field. It was alleged by the prosecution that Sheo Janak Pandey, a youth of 16 years of age, came to her and asked her to go with him to a neighbouring field in order to help him to put a bundle upon his head. The girl refused and was threatened by Sheo Janak Pandey. She went with him to his arhar field, and there she was ravished. To prove this case the prosecution called two eye witnesses, Bechu and Rajrup. These witnesses stated that they also were engaged in cutting grass in a neighbouring field; that they heard the shouts of the girl and ran up to ...
Kali Ram and anr. Vs. Dharman and anr.
Court: Allahabad
Decided on: Oct-23-1933
Reported in: AIR1934All214; 147Ind.Cas.441
King, J.1. This is an application for revision ofan order passed by the lower appellate Court under Order 23, Rule 1 permitting the plaintiffs to withdraw a suit with liberty to institute a fresh suit in respect of the same subject matter. The suit was for possession of certain property on the ground that the plaintiffs are the next heirs of the last male owner. The principal defence was that the plaintiffs were not the next reversioners and that the pedigree which they set up was wrong. The trial Court dismissed the suit on the ground that the plaintiffs had failed to prove their pedigree. The plaintiffs appealed and the appeal was argued at length before the lower appellate Court; but at this late stage the plaintiffs asked for permission to withdraw their suit and appeal, with liberty to institute a fresh suit in respect of the same subject matter. Permission was granted as prayed. Hence thi9 application in revision. For the applicants it is argued that the Court below had no jurisd...
Harnandan Prasad Vs. B. Kamta Prasad Kakkar and anr.
Court: Allahabad
Decided on: Oct-23-1933
Reported in: AIR1934All376
Sulaiman, C.J.1. I concur in the conclusion of my learned brother that this appeal should be dismissed. In my opinion it is quite sufficient to hold that even if the defendant was disqualified, the plaintiff was not duly elected as the Chairman of the Municipal Board. For deciding this question we are confined to the provisions of the United Provinces Municipalities Act (Act 2 of 1916). It is not really necessary to rely on English authorities on the Common law rules-applicable to Parliamentary Elections. They can serve only as a guide. It is however quite clear that up to 1856 there was no special legislation and Elections were held under special charters granted to Corporations. Cases before 1882 proceeded on certain general principles and the terms of the charters and not on any statutory enactment. It was for the first time in England that in Clause 10 of Schedule 2, attached to the Municipal Corporations Act, 1882, it was provided that matters should be decided 'by the majority of...
Mt. Azizunnissa Vs. Siraj HusaIn and ors.
Court: Allahabad
Decided on: Oct-23-1933
Reported in: AIR1934All507; 152Ind.Cas.146
Collister, J.1. This is a plaintiff's appeal against a decree of the Subordinate Judge of Ghazipur dismissing the plaintiff's suit for possession of a half share in certain zamindari and house property which had originally belonged to her paternal grand-father, Mohammad Husain. The plaintiff claimed as an heir of the said Mohammad Husain. The relationship between the parties will appear from the pedigree which is set forth in the judgment of the Court below. One Ghulam Sarwar had two sons, Mohammad Husain and Mohammad Hasan. Mohammad Hasan married a lady named Mt. Wilayati Begam; and after the death of Mohammad Hasan this same lady was taken in marriage by Mohammad Husain. Mohammad Hasan bad two sons, Mahmud Jan and Mohammad Jan. Mahmud Jan had four wives, one of whom was Mt. Sughra Begam, and by her he had a son Mumtaz Husain, who is the central figure in this case. Mohammad Husain had three sons, Zain-ul-Abdin, Amir Husain and Ahmad Husain. Zain-ul-Abdin died in 1911, leaving a widow...
Hazari Kalwar Vs. Abdul Majid Khan
Court: Allahabad
Decided on: Oct-13-1933
Reported in: AIR1934All293
Rahchpal Singh, J.1. This is a second appeal by the plaintiff. On 22nd June 1928 the plaintiff granted a lease to the defendant in consideration of a sum of Rs. 515. The lessee agreed to pay rent at the rate of Rs. 37 yearly. The lease related to an agricultural holding. Out of the premium of Rs. 515 a sum of Rs. 225 was paid at the time of the registration of the lease deed and in respect of the remaining sum of Rs. 290, the agreement was that it would be paid on 30th October 1928, otherwise the lease would stand cancelled. It is admitted that the sum of Rs. 290 was not paid by the defendant in accordance with the terms of the lease. Thereupon the plaintiff instituted a suit which has given rise to this second appeal to get possession over the property leased; in the alternative he prayed that he should be given a decree for the sum of Rs. 290 which was still due from the defendant. The suit was resisted by the defendant, one of the pleas taken being that the lease did not cover the p...
Kashi Nath Singh Vs. Emperor
Court: Allahabad
Decided on: Oct-12-1933
Reported in: AIR1934All45
Sulaiman, C.J.1. This is a criminal revision arising out of proceedings under Section 109, Criminal P.C. The Magistrate bound down the accused both under Sub-section (a) and Sub-section (b) of Section 109 and ordered him to execute a bond, with two sureties, for good behaviour for one year. The learned Sessions Judge, on appeal, has upheld the order so far as Sub-section (a) is concerned. The Assistant Government Advocate has not pressed before us that Sub-section (b) was equally applicable. We have therefore not to consider the effect of that section.2. It has now been found that the accused Kashi Nath Singh is the son of Ram Karan, a Brahmin of Benares, who is a blind man and lives on begging. The accused conducted some correspondence with the Raja Bahadur of Manda and eventually he was cordially invited by the Raja Bahadur to come and stay at his guest house at Manda. The accused posed as the Maharaj Kumar of Toda in Jaipur (Rajputana) belonging to the Rajput caste, having relations...
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