Allahabad Court November 1933 Judgments
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Mt. Nabban Begam and ors. Vs. Mt. Moti Begam
Court: Allahabad
Decided on: Nov-28-1933
Reported in: AIR1934All294
Rachhpal Singh, J.1. These are two connected appeals arising out of the same order. The facts which have given rise to these two appeals are these : Inayat Khan obtained a decree on 31st January 1922 against Mt. Nabban Begum, Mt. Kulsum Begum, Mt. Barkat Begum and Mt. Bismillah Begum. It was a simple money decree. On 8th February 1922 Inayat Khan made an application for execution and asked for the attachment of village Kuiyan. On 12th February 1922 the village was attached. On 17th March 1922 one Mt. Ilahi Begum instituted a suit against the decree-holder and the four judgment-debtors to recover a sum of money alleged to be due to her on account of her dower. In this case which Mt. Ilahi Begum had instituted, she made an application that an injunction should be issued restraining the decree-holder, Inayat Khan, from proceeding with his application for execution. This was done. The Court in which the execution proceedings were pending passed an order on 24th April 1922 to the following ...
Girdhari Lal and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-28-1933
Reported in: AIR1934All324; 147Ind.Cas.1102
Bennet, J.1. This is a criminal appeal argued by counsel on behalf of Girdhari Lai, and on behalf of the other four accused there is a jail appeal. The five accused were concerned in the kidnapping of a minor girl, Mt. Dip Chandi, aged 14 years, who is married and who lived in Garhwal. She quarrelled with her husband and started to go to the house of her sister. When she was on her journey the accused Gurthiaru took her partly by force and partly by deception to his house and kept her confined there for two months. Afterwards he took her to the house of his relation Asa, appellant, in another village, and these two accused took her to Kotdwara and on the way they were met by Bhadwa, appellant. From there they took her by rail to Hardwar. At Hard-war the evidence of a witness, P.W. 12, Ghansham, is that he saw the two appellants Girdhari and Ram Chandar negotiating for the purchase of this girl from the appellants Gurthiaru, Bhadwa and one accused, Badru. The woman was crying and the wi...
Raj NaraIn Verma Vs. Emperor
Court: Allahabad
Decided on: Nov-28-1933
Reported in: AIR1934All318; 147Ind.Cas.1199
ORDERNiamatullah, J.1. This is a reference by the learned Sessions Judge of Farrukhabad in a case in which the applicant, B. Raj Narain Varma, was convicted of an offence under Section 155, U.P. Municipalities Act and fined a sum of eight annas. The charge against him was that he had introduced certain articles within the octroi limits of the Municipality of Farrukhabad-cum-Fatehgarh without paying octroi duty on them. The difficulty arose from the fact that between the town of Farrukhabad and Fatehgarh there is an intervening space, which is not part of the Municipal area. This is what I gather from the record before me, though it is not certain.2. The applicant purchased certain goods in the town of Farrukhabad and was importing them into Fatehgarh. The octroi muharrir at the barrier outside Fatehgarh demanded octroi duty, which the applicant refused to pay on the ground that he was merely taking dutiable articles from one part of the Municipality to another. His refusal led to his p...
B. Murari Lal and anr. Vs. S. Raghubir Saran and ors.
Court: Allahabad
Decided on: Nov-27-1933
Reported in: AIR1934All209
Rachhpal Singh, J.1. This is an appeal by the assignee of a decree against the order passed by the Court below holding that the decree which he had purchased has been satisfied by the judgment-debtors. The facts which have given rise to this appeal put briefly are as follows : There was a partition suit fought between Sahu RaghubirSaran and others and Raja Ram and others. On 28th February 1929, the dispute between the parties was compromised, one of the stipulations being that Sahu Raghubir Saran and others would pay a sum of Rs. 5,000 to Raja Ram, Raj Kishan and Bhagwati Sarup decree-holders. It would appear that after the passing of this decree, Bhagwati Sarup separated from the other two decree-holders who were allotted the decree in question under which Sahu Raghubir Saran and others were to pay a sum of Rs. 5,000. On 23rd June 1931, Raja Ram and Raj Kishan executed a deed of assignment under which they assigned the rights in the entire decree to Murari Lai, appellant. In the deed ...
Commissioner of Income Tax, United Provinces Vs. Official Liquidator o ...
Court: Allahabad
Decided on: Nov-24-1933
Reported in: 152Ind.Cas.183
Mukherji, J.1. This Bench was constituted in order to decide four points, which are enumerated in the order of one of us dated 8th September, 1933. Point 4 alone has been argued because it has been found that the other three points do not arise at the present moment. If point 4 be answered in the negative, the liquidators will have to make a 'return,' and it is at the time of making the return that questions 1 to 3 would arise. The official liquidators if there be any difficulty, will be at liberty to approach the Hon'ble the Company Judge and obtain direction. When a return has been furnished, it will be for the Income Tax Officer to scrutinize it and to object to any item, if there be one to take exception to. We therefore proceed to decide point 4 on which alone we have been addressed by learned Counsel for the official liquidators and the legal adviser to the income-tax authorities. The point for decision is:Whether under the Companies Act a liquidator is exempt from making an inco...
In Re: Indian States Bank Ltd.
Court: Allahabad
Decided on: Nov-24-1933
Reported in: AIR1934All114; 147Ind.Cas.332
ORDERYoung, J.1. This is a report by the official liquidator of the Indian States Bank Ltd., for directions under the following circumstances: The company in liquidation passed a resolution for voluntary winding up on 21st September 1931. A compulsory order for winding up was made on 18th December 1931. There were a number of servants of the company who had not been paid their wages for some time before the voluntary winding up. 'Under Section 230(b) of the Indian Companies Act:all wages or salary of any clerk or servant in respect of service rendered to the company within the two months next before the said date, not exceeding one thousand rupees for each clerk or servant, shall be paid in priority to all other debts.2. Under the same section, Sub-section (5) it is enacted that:the date hereinbefore in this section referred to is: (a) in the case of a company ordered to be wound up compulsorily which had not previously commenced to be wound up voluntarily the date of the winding up or...
Commissioner of Income-tax Vs. Official Liquidator, Agra Spinning and ...
Court: Allahabad
Decided on: Nov-24-1933
Reported in: AIR1934All170
Mukerji, J.1. This Bench was constituted in order to decide four points, which are enumerated in the order of one of us dated 8th September 1933. Point 4 alone has been argued because it has been found that the other three points do not arise at the present moment. If point 4 be answered in the negative, the liquidators will have to make a 'return,' and it is at the time of making the return that questions 1 to 3 would arise. The official liquidators, if there be any difficulty, will be at liberty to approach the Hon'ble the Company Judge and obtain direction. When a return has been furnished, it will be for the Income-tax Officer to scrutinize it and to object to any item, if there be one to take exception to. We therefore proceed to decide point 4 on which alone we have been addressed by learned Counsel for the official liquidators and the legal adviser to the income-tax authorities. The point for decision is:Whether under the Companies Act a liquidator is exempt from making an incom...
Raghubar Dayal Vs. Emperor
Court: Allahabad
Decided on: Nov-24-1933
Reported in: AIR1934All201; 150Ind.Cas.672
King, J.1. This is an application in revision against a conviction under Section 62, Stamp Act, read with Section 109, I.P.C.2. The accused Raghubar Dayal is a saraf engaged in the business of buying gold and silver or ornaments of precious metals. His account book was filed in a certain criminal case and the officer in charge of the record room reported to the Collector that the account book contained over 300 entries which purported to be conveyances of inoveable property and had not been stamped. The Collector ordered the prosecution of the accused and he was charged in respect of three alleged offences. It appears that when the accused made a purchase of gold or ornaments from a client, he got the client to make an entry in the account book giving the client's name and a description of the goods purchased and of the price paid, and got this entry signed by the client. The first entry which forms the subject-matter of the charge runs as follows:3. Two gold Beejas mounted with precio...
Tara Chand Vs. Radha Swami Sat Sang Sabha and ors.
Court: Allahabad
Decided on: Nov-24-1933
Reported in: AIR1934All343
ORDERSulaiman, C.J. and Young, J.1. This is a plaintiff's appeal arising out of a suit for pre-emption of properties in village Babadurpur Khaspur which consists of five mahals. The sale deed was executed on 9th December 1927 and was registered on 9th June 1928. The plaintiff alleged that the defendant-purchaser was a stranger and that the plaintiff was a co-sharer in three out of the five mahals. The claim was contested by the defendant on the ground that the defendant was company and had purchased the lands for a the purposes of a manufacturing industry and the property therefore was not pre-emptible. It was further pleaded that under a deed of exchange dated 24thOctober 1927 the defendant had acquired shares in two out of the five mahals which put him on the same footing as the plaintiff. The plaintiff accordingly got his plaint amended and para. 5-A added under which the deed of exchange was challenged as being null and void and fictitious by reason of the fact that the property of...
Jwala Vs. Emperor
Court: Allahabad
Decided on: Nov-24-1933
Reported in: AIR1934All548; 147Ind.Cas.625
King, J.1. This is an application in revision against a conviction under Section 19(f) of the Arms Act. The evidence shows that the house of Jwala the accused was searched by the police on certain information, and the result of the search was that an unlicenced muzzle loading pistol was found concealed under a heap of juar grain inside a vessel. Inside the barrel of the pistol 11 percussion caps were also found on removing a wad of cloth from the muzzle of the pistol. It is further proved that only Jwala and his sons and their wives were living in the kothri in which the pistol was found. Jwala's brothers are proved to have been living separately in separate kothris. Jwala himself had the key of the kothri and handed it over to the police at the time of the search after he had unlocked the door. Jwala's defence was that the pistol was not found from the vessel inside his room but from the thatch of the roof and that it must have been planted there by some enemy of his. It was also argu...
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