Allahabad Court November 1933 Judgments
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(Firm) Abdul Aziz Khan Vs. Niaz Ullah Lambardar
Court: Allahabad
Decided on: Nov-03-1933
Reported in: AIR1934All126; 147Ind.Cas.295
ORDERMukerji, J.1. The plaintiff firm has lost its suit in the Small Cause Court on the ground of limitation. I have to see whether the judgment is wrong. The plaintiffs deal in timber and the defendant does the business of sawing wood. The plaint says that between certain dates a certain sum of money was advanced to the defendant and the defendant sawed a certain quantity of timber from one date to another mentioned in the plaint and that thereby he did work worth a certain amount. Deducting the value of the work done, the plaintiff claimed the balance oft his money lent.2. The Court below held that limitation began to run from the last date of advance, and the suit, having been instituted beyond three years from that date, was time-barred. The learned Counsel in this Court has argued that limitation began to run from the last date of the work done. His argument is that upto that date the defendant was making some payment, and he committed a breach of contract on that date. The learne...
Mohammad Said Khan Vs. Mangal Prasad Dube
Court: Allahabad
Decided on: Nov-03-1933
Reported in: AIR1934All175; 147Ind.Cas.339
Sulaiman, C.J.1. This is a plaintiff's appeal arising out of a suit for pre-emption. The claim has been dismissed on the ground that the share sold is in village Basulpur, which is a Notified Area and that no custom of pre-emption has been proved to exist in the case. In appeal the first point raised is that Rasulpur was an agricultural village and could not, therefore, become a Notified Area under Section 337, Municipalities Act (2 of 1916), But under Sub-section 3 of that very section the decision of the Local Government, that a local area is not an agricultural village is final and conclusive. Apart from this, under Section 4(6), Agra Pre-emption Act, a Notified Area merely means a local area in regard to which a Government notification has been issued. It is, therefore, not I now open to the plaintiff to urge that Rasulpur is not a Notified Area at all.2. The second ground is that the Court below wrongly rejected certain additional evidence which was tendered before it. The Plainti...
Biradhmal Lodha Vs. Income-tax Commissioner
Court: Allahabad
Decided on: Nov-03-1933
Reported in: AIR1934All217; 153Ind.Cas.722
Bennet, J.1. This is a miscellaneous income-tax case in which an assesaee made an application to this Court under Section 66 (3), Income tax Act, and this Court framed five questions provisionally on the facts as stated by the assessee and required the Income-tax Commissioner to state a case. The Income-tax Commissioner has stated a case and the case has now been argued before this Court by learned Counsel on each side. The first two questions which were framed by this Court provisionally were as follows:(1) Whether in the case of a partial division of a joint family property Section 25-A has any application? (2) Whether any failure on the part of the assessees to substantiate their olaim on this point, in an earlier year of assessment, precludes bfaem from raising the point in a subsequent year of assessment? In regard of the second question the Income-tax Commissioner states that the assessees are not precluded from advancing a claim and therefore there is no contest on this point, a...
Phonsia Vs. Emperor
Court: Allahabad
Decided on: Nov-03-1933
Reported in: AIR1935All59; 152Ind.Cas.619
ORDERBennet, J.1. This is an application for transfer of a criminal case on a complaint which was made under Sections 494 and 498 Penal Code. The applicant is the complaint. On a previous complaint the Magistrate in question summoned the accused and after hearing the evidence of the complainant discharged the accused on 15th June 1933. After that the complainant made an application to the Magistrate to review his order of discharge. Such an application was clearly against the provision laid down in Section 369 Criminal P.C., which states that no Court, when it has signed its judgment, shall alter on review the same except to correct a clerical error. The Magistrate refused to review his judgment on 3rd July 1933. After that the complainant filed another complaint on the same facts in the Court of the Joint Magistrate. It is true that under Section 403 explanation, the discharge of the accused is not acquittal for the purpose of that section which would prevent the accused being again t...
Biradhmal Lodha Vs. Commissioner of Income-tax.
Court: Allahabad
Decided on: Nov-03-1933
Reported in: [1934]2ITR164(All)
BENNET, J. - This is a miscellaneous income-tax case in which an assessee made an application to this Court under Section 66 (3), Income-tax Act, and this Court framed five questions provisionally on the facts as stated by the assessee and required the Income Tax Commissioner has stated a case and the case has now been argued before this Court by learned counsel on each side. The first two questions which were framed by this Court provisionally were as follows :-(1) Whether in the case of a partial division of a joint family property Section 25-A has any application (2) Whether any failure on the part of the assessees to substantiate their claim on this point in an earlier year of assessment precludes them from raising the point in a subsequent year of assessmentIn regard to the second question the Income Tax Commissioner states that the assessees are not precluded from advancing a claim, and therefore is no contest on this point, and we accept that view. On the first question the fact...
Abdul Rahman and ors. Vs. Sheo Dayal and anr.
Court: Allahabad
Decided on: Nov-01-1933
Reported in: AIR1934All152
Sulaiman, C.J.1. This is an appeal by the defendants mortgagors arising out of a suit for sale on the basis of a mortgage-deed dated 27th, August 1924,executed by the father of the defendants in favour of the plaintiff and another person who is now dead. The mortgage-deed was for Rs. 25,000 and a period of five years was fixed for payment. It carried interest at 12 per cent per annum, interest being payable every quarter. If there was a default in the payment of interest in any quarter that interest had to be added on to the principal and the consolidated amount had to bear interest. There was a further provision thatif default in payment of interest and compound interest be made for six months the mortgagees shall be at liberty to bring a mortgage suit and realize the entire amount due to them on account of the principal, interest and compound interest, costs in the suit and pendente lite and further interest, from the property mortgaged or from the person of the' executants and the o...
Azimullah Vs. Rani Phool Khunwari
Court: Allahabad
Decided on: Nov-01-1933
Reported in: AIR1934All361
Bennet, J.1. These are three second appeals brought by defendant against decrees of the lower appellate court in favour of the plaintiff who is the zamindar of a certain village in Bijnor district called Bawana Shikarpur. The land-owner plaintiff has brought these various suits-against different tenants who have transferred their houses in the village and the land-owner sues for the ejectment of the purchasers from these houses. The defence taken was that the village was not an agricultural village, and that there was a custom and right of transfer. In second appeal three grounds have been taken, one of which is that the court below was wrong in concluding that the village was an agricultural village. The court of first instance came to the conclusion that the population of the village was about 1,500 persons and that there were more non-agriculturists then agriculturists, but that the excess was not shown, and all that could be said was that there was some excess. That court went on t...
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