Allahabad Court October 1933 Judgments
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Bala Prasad Vs. Radhey Shiam
Court: Allahabad
Decided on: Oct-06-1933
Reported in: AIR1934All25; 147Ind.Cas.782
Niamatullah, J.1. This is an application for revision directed against two orders passed by the Subordinate Judge of Cawnpore in a suit pending before him and brought by the plaintiff applicant. The suit was brought for enforcement of a mortgage, executed by the 1st defendant, in favour of the plaintiff-applicant on 16th May 1914. Part of the mortgaged property was subsequently sold to Mt. Brij Rani, who died sometime before the institution of the suit. In ignorance of that fact the plaintiff-applicant impleaded the original mortgagor, his son and his assignee in respect of part of the mortgaged property, namely, Mt. Brij Rani. It was subsequently discovered that Mt. Brij Rani had died before the institution of the suit. The plaintiff then applied for removal of the name of Mt. Brij Rani from the array of parties and substituting therefor the names of her two sons, The learned Subordinate Judge dismissed this application by an order of 8th August 1932, holding that the suit had been in...
Khalil UddIn Vs. Sir Ram and ors.
Court: Allahabad
Decided on: Oct-06-1933
Reported in: AIR1934All176
Rachhpal Singh, J.1. This is plaintiff's Second appeal out of a declaratory suit. One Jamiluddin, who was a brother of Khaliluddin, the plaintiff-appellant, had dealings in sugarcane juice with Sri Sam, defendant 1. After the death of Jamiluddin a suit was' instituted by Sri Earn, defendant 1, to recover a sum of money due from him (Jamiluddin). Jamiluddin had died and the suit was instituted against his heirs Khaliluddin and two others and was decreed. It appears that on the 11th of August 1922, Jamiluddin had made a waqf of some of his properties. Sri Bam in execution of his decree attached those properties. Khaliluddin, plaintiff, in his capacity as a mutwalli of the alleged waqf properties objected to the attachment on the ground that they were waqf and could not be attached. These objections wera thrown out and so Khaliluddin instituted a suit, which has given rise to this appeal, to obtain a declaration that the property in suit was waqf and could not be attached and sold in exec...
Mt. Gomti Vs. Lachman Das Champa Ram and anr.
Court: Allahabad
Decided on: Oct-06-1933
Reported in: AIR1934All817
Niamatullah, J.1. This is an application under Section 115, Civil P.C., for revision of an order passed by the learned Subordinate Judge of Farrukhabad setting aside an auction sale at which the applicant had been declared the purchaser. The sale took place on. 2nd November 1932. The applicant deposited one-fourth of the purchase money on that date. The remaining three-fourths of the purchase money should have been paid on the fifteenth day before the Court closed. On 17th November 1932, which was the fifteenth day, the applicant filed a tender in the Court concerned offering to pay the remaining purchase money. The presiding officer signed the tender at 3 p.m. and returned it to the applicant. In accordance with the usual procedure the applicant was to deposit the actual cash in the Imperial Bank through the local treasury. This could not be done on that day but was done on 18th November 1932. The lower Court set aside the sale on the ground that the three-fourths of the purchase mone...
Emperor Vs. Mathura
Court: Allahabad
Decided on: Oct-04-1933
Reported in: AIR1934All43; 147Ind.Cas.653
ORDERIqbal Ahmad, J.1. The learned Second Additional Sessions Judge of Cawnpore has made this reference by a letter dated 6th September 1933, asking this Court to sanction the prosecution of Mathura under Section 339(3), Criminal P.C. As I have come to the conclusion that the reference ought not to be accepted and the prosecution of Mathura should not be ordered, I need not consider the question, whether application for sanction to prosecute Mathura should have been made by motion on behalf of the Crown in open Court and not by a letter of reference which has been submitted by the Sessions Judge in the present case. One Mata Din Mullah, resident of village Keotra, was murdered on 21st May 1933. On the morning of the 22nd May his corpse was found in the Khalyan of one Chunna. This threshing-floor of Chunna is at a distance of about 800 paces from the cucumber field of Mata Din which is situate on the banks of Jamna and which is at a distance of about half a mile from the abadi of villag...
Ram Nayak Vs. Mt. Rup Kali and ors.
Court: Allahabad
Decided on: Oct-04-1933
Reported in: AIR1934All557
Sulaiman, C.J.1. This is a defendant's appeal arising out of a suit for recovery of possession of a half-share in the estate left by the plaintiffs' father, Ram Ratan. The plea that the plaintiff is not the daughter of Ram Ratan has been disposed of by us in the connected appeal. The appellant was a mortgages from the Hindu widow, Mt. Ram Kali, under a deed dated 17th June 1915. He pleaded that he was a bona fide transferee for value and was protected under Section 41, T.P. Act. The plea of legal necessity was taken by him only by implication, but the other contesting defendants raised the question in an express form and an express issue was framed by the Court below at the trial on this question of legal necessity. The finding however is against mortgagee appellant.2. The mortgage-deed of 1915 was for Rs. 1,600. It was recited therein that Mt. Ram Kali had stood in need of money for payment of rent to the zamindar and for construction of a house and that Ra. 1,300 were required in ord...
Mt. Asghari Begum Vs. Fasihuddin
Court: Allahabad
Decided on: Oct-04-1933
Reported in: AIR1934All989; 152Ind.Cas.816
ORDERMukerji, J.1. This is an application in revision made under peculiar circumstances. It appears that the plaintiff, Mt. Asghari Begum, who is the applicant before me, filed a suit No. 38 of 1928, asking for several reliefs including one for declaration and another for injunction with respect to her rights over certain property having regard to her dower debt. The suit was filed with Rs. 13 as the proper court-fee stamp, and the plaint was admitted by the Court. Later on the chief stamp inspector reported that there was a deficiency in court-fee to the amount of Rs. 492. On this report, by order dated 18th August 1928, the plaintiff was called upon to make good the deficiency. She did not protest but accepted the position that she was liable to pay that amount of court-fee. Subsequently she without having made good the deficiency made an application to permit her to withdraw the suit and for liberty to sue again. This application was granted on 8th September 1928. Shortly after that...
Bhagwan Das Vs. Emperor
Court: Allahabad
Decided on: Oct-03-1933
Reported in: AIR1934All51
ORDERNiamatullah, J.1. This is an application for revision by one Bhagwan Das against whom a complaint was filed by Chander Bhan to the effect that Bhagwan Das had obtained a decree for Rs. 150 against Chander Bhan, that the latter had paid part of the decretal amount out of Court on the assurance given by Bhagwan Das that he would certify payment to the Court executing the decree, but that the latter dishonestly and fraudulently took out execution of the decree for the entire amount. It should be noted that according to the Civil Procedure Code, payment to the decree-holder out of Court, if not certified, cannot be recognized by the Court executing' the decree. The complaint apparently was that the decree-holder committed an offence of cheating under the Penal Code. A Magistrate of the First Class, before whom the complaint was filed, issued a summons to enforce the attendance of the accused. The latter appeared on 26th April 1933 when without recording any evidence the complaint was ...
Tribeni Prasad and ors. Vs. Bishambhar Nath and ors.
Court: Allahabad
Decided on: Oct-03-1933
Reported in: AIR1934All212
Sulaiman, C.J.1. This is a defendants' appeal arising out of a suit for sale on the basis of a mortgage-deed dated 18th June 1918, executed by Jwala Prasad for himself and as guardian of his minor sons and also by his adult son, Beni Prasad. The mortgage, deed was to raise money in order to save an ancestral property from sale which had been put up at auction on account of a mortgage decree on the basis of a previous mortgage-deed executed by Jwala Prasad. On the face of it the mortgage-deed of 1918 was executed in order to pay off an antecedent debt of Jwala Prasad. The property mortgaged is admittedly the joint family property of Jwala Prasad. It is therefore quite clear that in the absence of any proof that the previous debt of Jwala Prasad had been tainted with immorality the transaction of 1918 would be binding on the sons and grandsons of Jwala Prasad even if they had not joined in the transaotion.2. A suit was brought on the basis of the mortgage-deed against Jwala Prasad and hi...
Bhagwan Das Vs. Chander Bhan
Court: Allahabad
Decided on: Oct-03-1933
Reported in: 147Ind.Cas.335
Niamatullah, J.1. This is an application for revision by one Bhagwan Das against whom a complaint was filed by Chander Bhan to the effect that Bhagwan Das had obtained a decree for Rs. 150 against Chander Bhan, that the latter. had paid part of the decretal amount out of. court on the assurance given by Bhagwan Das that he would certify payment to the court executing the decree, but that the letter dishonestly and fraudulently took. out execution of the decree for the entire amount. It should be noted that according to the Civil Procedure Code, payment to the decree-holder out of court, if not certified, cannot be recognised by the court executing the decree. The complaint apparently was that the decree-holder committed an offence of cheating under the Indian Penal Code. A Magistrate of the First Class, before whom the complaint was filed issued a summons to enforce the attendance of the accused. The latter appeared on April 26, 1933, when without recording any evidence the complaint w...
Bal Krishna and ors. Vs. Deb Sing
Court: Allahabad
Decided on: Oct-02-1933
Reported in: AIR1934All76
Mukerji, J.1. This is an appeal which arises out of a suit brought by the respondent against five persons two of whom are ladies in the following alleged circumstances : Gauri Datt and his brother, Parmanand, were partners and dealt in timber. On the death of Parmanand, his sons, defendants 1 to 3, went into the business with Gauri Dutt, and in the course of their business they borrowed money from the plaintiff from time to time. On 23rd August 1927, a promissory note was executed by Jai Krishna, defendant 2, and it was subsequently signed by Gauri Dutt. On 27th November 1927, am acknowledgment was given by one of the defendants, and on 4th June 1928 another acknowledgment was given by another defendant. Gauri Dutt died and his two widows, defendants 4 and 5, are his heirs. The plaintiff is entitled to recover the money due on the several documents mentioned above, and he claims Rupees 7,992 by the suit.2. Defendants 1 to 3 alone contested the suit. Defendant 2, Jai Krishna, filed a co...
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