Allahabad Court November 1933 Judgments
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Ghurey Lal Vs. Firm Jagannath-kashi Nath and ors.
Court: Allahabad
Decided on: Nov-22-1933
Reported in: 147Ind.Cas.673
Kendall, J.1. This is an application for the revision of an order of the Subordinate Judge of Agra, calling upon a next friend of some minor plaintiffs to provide security for costs. The application is made on the ground that the court had no jurisdiction, and it must be admitted that there is no provision in the Civil Procedure Code, for calling upon the next friend of minor plaintiffs to provide security for Costs, though it is open to the court to make an order, after the hearing, for costs against a next friend, and to call on a next friend to provide security in the event of his retiring Order XXXII, Rule 4(4) and Order XXXII, Rule 8(1). I have not been referred to any authority of this or any other High Court for holding that a court may call upon a next friend to provide security for costs. The question was considered in the case of Bai Porebai v. Devji Meghji 23 B. 100, where the court went so far as to say:If, then, the next friend of an infant plaintiff and not the infant pla...
Gauri Shankar Bhargava Vs. Jagat NaraIn Shahgal
Court: Allahabad
Decided on: Nov-21-1933
Reported in: AIR1934All134
ORDERKendall, J.1. This is a defendant's application for the revision of an order of the Judge of the Small Cause Court of Agra, disallowing his application under Order 9, Rule 13, Civil P.C., to set aside an ex parte decree passed against him. A suit for money had been brought against the applicant in the Small Cause Court, and as he is a resident of Ajmer, service of summons on him was allowed to be effected by publication in the 'Leader,' and an ex parte decree was given against him. Subsequently the plaintiff applied in the High Court for a revision of this ex parte decree on the ground that he had been allowed no future interest. Notice of this application was admittedly served on the applicant, who appeared through counsel in the High Court and opposed the application, but the High Court allowed the revision. After that the defendant made this application to the Judge of the Small Cause Court to set aside the original ex parte decree.2. It appears to me to be clear that the origi...
Mt. Ghafooran Vs. Ram Chandra Das
Court: Allahabad
Decided on: Nov-21-1933
Reported in: AIR1934All168
Rachhpal Singh, J.1. This is a judgment-debtor's appeal arising out of execution proceedings. Mt. Ghafooran is the widow of one Sarfaraz. After the death of Sarfaraz, Ram Chandra Das, decree-holder, instituted a suit to recover a sum of money due by Sarfaraz against his heirs and obtained a simple money decree against the assets of the deceased' in the hands of his heirs. After he had-obtained the decree, he applied for execution and certain immovable property was attached and ordered to be sold. The widow of Sarfaraz filed objections, contending that she had been in possession of the property of her husband in lieu of her dower and therefore it could only be sold subject to her charge in respect of her dower. The learned Munsif held that her position was like that of a prior mortgagee in possession of the property in lieu of her dower debt, and therefore the property could only be sold subject to her claim for dower. He allowed the objections and directed that the-attached property be...
Emperor Vs. Zahir Nat
Court: Allahabad
Decided on: Nov-21-1933
Reported in: AIR1934All455
ORDERNiamatullah, J.1. This is a criminal reference by the learned Sessions Judge, Mirzapore, who does not make any specific recommendation, but his order implies that in his opinion commitment of the accused Zahir Nat should be quashed. The accused was prosecuted on a charge under Section 379/75 or, in the alternative Section 411/75, Penal Code. The case for the prosecution is that certain cattle belonging to one Bansidhar resident of village Tilauti, in the Mirzapur District, were stolen on 4th April 1933, and were found in the possession of the accused the next day at a place within the limits of the Benares State. The accused is alleged to have been previously convicted of offences which justified his conviction under Section 75, Penal Code, if the present charge of theft or being in possession of the stolen property is made out. The learned Magistrate charged him, in the alternative, for an offence under Sections 379/75, Penal Code, or Sections 411/75, Penal Code, which made the c...
Zahir Nat Vs. Emperor
Court: Allahabad
Decided on: Nov-21-1933
Reported in: 150Ind.Cas.558
ORDERNiamatullah, J.1. This is a criminal reference by the learned Sessions Judge, Mirzapore, who does not make any specific recommendation but his order implies that in his opinion commitment of the accused Zahir Nat should be quashed. The accused was prosecuted on a charge under Sections 379-75 or, in the alternative Sections 411-75, Penal Code. The case for the prosecution is that certain cattle belonging to one Bansidhar, resident of village Tilauti, in the Mirzapur District, were stolen on April 4, 1933, and were found in the possession of the accused the next day at a place within the limits of the Benares State. The accused is alleged to have been previously convicted of offences which justified his conviction under Section 75, Penal Code, if the present charge of theft or being in possession of the stolen property is made out. The learned Magistrate charged him, in the alternative, for an offence under Sections 379-75, Penal Code, or Sections 411-75, Penal Code, which made the ...
Philip Spratt and anr. Vs. Emperor
Court: Allahabad
Decided on: Nov-20-1933
Reported in: AIR1934All207
ORDERBennet, J.1. This is an application on behalf of two convicted persons Philip Spratt and Muzaffar Ahmad asking that certain books should be returned to them. These persons were convicted under Section 121-A, I.P.C., in what is known as the Meerut Conspiracy Case by the Sessions Court, and their convictions were uphold in appeal by a Bench of this Court. The application now made is headed under Section 517 and Section 520, Criminal P.C., and it sets forth in para. 3 that the Sessions Jndge passed an order on 6th October 1933, that as the books formed part of the record they could not be returned to the petitioners. Learned Counsel argued that at that time the learned Sessions Judge may have thought that an appeal would be made to the Privy Council and therefore that he should not order the books to be returned. Be that as it may, it is necessary for me to see now whether under Section 517, Criminal P.C. these books or any of them should be returned. It has been announced now that t...
Parmai and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-17-1933
Reported in: AIR1934All129
King, J.1. This is an application m revision against a conviction of three persons, Parmai, Durga and Earn Prasad under Section 60(f), U.P. Excise Act. The facts found are as follows: A certain constable obtained information on 10th January 1933, that illicit distillation of liquor was being conducted in the house of the accused. He informed the officer in charge of the Kotwali who proceeded with the Excise Inspector to search the house. The result of the search was that a hearth of bricks, full of ash, with a drum full of wash on it; a pitcher with a hole and a pipe with earth plaster on the hole and ends of the pipe; a pitcher smelling of liquor; a wet pitcher; a pitcher with a hole used as a still head; three canisters full of wash; three bottles, one of which Smelt of liquor and another containing a few drops apparently of liquor were found. These articles were found in two kothries. one of which is alleged to be occupied by Parmai and his son Earn Prasad and the other occupied by ...
Dasrath Rai and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-17-1933
Reported in: AIR1934All144; 152Ind.Cas.158
Sulaiman, J.1. This is a criminal references by the Sessions Judge of Azamgarh recommending that the conviction of the accused persons should be set aside and a retrial ordered. It is not necessary to state the facts of the case itself, us for the purpose of the reference it will be Quite sufficient to stats what happened in the proceedings. At Azamgarh three Honorary Magistrates constituted a Bench which had power to try this case. On most of the hearings, all the three Honorary Magistrates were present, but on 5th December 1932 one of them was absent. The case however was not taken up on that day and was adjourned. On 8th December 1932, the next day of hearing, one of the Honorary Magistrates happened to be absent. He rejoined on the next date and then continued to be present all along and ultimately took part in delivering and signing the judgment. On the 8th of December, when one of the Magistrates was absent, some witnesses ware examined and cross-examined. All the three Honorary ...
Tula Ram Vs. Tikam Singh and ors.
Court: Allahabad
Decided on: Nov-17-1933
Reported in: AIR1934All315
Rachhpal Singh, J.1. These are two applications in revision against two orders passed by the learned Subordinate Judge of Muttra. One of the plaintiffs, the applicant, and Nathi Lal, instituted a suit in the Court of the Subordinate Judge under the provisions of Section 92, Civil P.C., against Sunder Lai. It appears that one Bahadur Singh, father of Sunder Lal, by means of a registered deed dated 16th November 1924, created a trust. Under that deed according to the case set up by the plaintiff, six trustees were appointed, one of them being Sunder Lai, the son of Bahadur Singh. The other trustees died one after the other and Sunder Lal continued to be the manager of the trust property. The plaintiffs in their plaint stated that Sunder Lal had been mismanaging the trust properties. It was also stated that under the terms of the trust deed Sunder Lal had been directed that he should execute a rent deed in respect of a particular house and nohra which he and his sons occupied and that the...
Abbas Khan and anr. Vs. Muhammad Ali
Court: Allahabad
Decided on: Nov-17-1933
Reported in: AIR1934All300
Sulaiman, C.J.1. This is a plaintiff's appeal arising out of a suit for possession over half shares in properties specified in lists A and B of the plaint and for mesne profits and coats. The plaintiffs' claim to be the heirs of one Mt. Taslima Bibi who died in January 1928, and alleged that she was the owner of these properties, having purchased the property in list A and having inherited the property in list B from her father. The defendant who is the husband of the deceased Mt. Taslima Bibi and would be entitled to a half share in the inheritance left by her, resisted the suit on the ground that the plaintiffs were not the residuary heirs of Mt. Taslima Bibi, that the property in list A had been purchased by the defendant himself out of his own money fictitiously in the name of Mt. Taslima Bibi and he is the owner thereof, and there was a further plea that in con-sequence of a previous proceeding in a revenue Court the plaintiffs were estopped from maintaining this claim 'under the ...
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