Allahabad Court February 1933 Judgments
Changa Mal and ors. Vs. Chaubey Ram-dulare Lal
Court: Allahabad
Decided on: Feb-28-1933
Reported in: AIR1933All388
Sulaiman, C.J.1. This is a judgment-debtor's appeal from an order refusing to set aside a sale during the pendency of the appeal. The appellants-judgment-debtors became insolvents and a receiver was appointed to their estate. An application was made on behalf of the respondents under Order 22, Rule 8, Sub-rule (1) calling upon the receiver to furnish security for the cost of the appeal. The' alternative prayer contained in the application is that the appeal should be dismissed. The learned advocates for the appellants has urged that Order 22, Rule 8 has no application to this case, because this is an appeal arising out of execution proceedings and is therefore exempted by virtue of Rule 12 of that order. His contention is that if the proceedings originally were in execution, then Rule 12 would apply even to appeals from orders arising, out of these proceedings.2. There is no doubt some authority in support of this contention. In the case of Mir Khan v. Sharfu A.I.R. 1923 Lah 560 it was...
Tag this Judgment!Mohammad Qamar Shah Khan Vs. Mohammad Salamat Ali Khan
Court: Allahabad
Decided on: Feb-28-1933
Reported in: AIR1933All407; 147Ind.Cas.926
Rachhpal Singh, J.1. The plaintiff-appellant instituted a suit in the trial. Court against the defendant-respondent to recover a sum of Rs. 1,058-9-7 on account of profits. The plaintiff alleged that village Maktul was wakf property of which he and defendant were mutwallis. The plaintiff's share in the wakf property was one-third. In the years in suit the defendant had acted as a lambardar and the plaintiff sued for his share in those years. The defendant in his written statement admitted that the entire village was wakf property and that he and the plaintiff were holding it as mutwalis. He however raised the plea that the mutwallis were not cosharers within the meaning of Section 164, Agra Tenancy Act, 1901 (the suit had been instituted before the passing of the New Agra Tenancy Act) and so he (the plaintiff) could not maintain a suit for profits. This contention was accepted by the Courts below. Both the Courts have held that a mutwalli is not a cosharer and cannot therefore maintain...
Tag this Judgment!Rup NaraIn Singh and anr. Vs. Har Gopal Tewari and ors.
Court: Allahabad
Decided on: Feb-28-1933
Reported in: AIR1933All449
Iqbal Ahmad, J.1. This appeal arises out of a suit for sale on a mortgage, dated 5th September 1924. The mortgage-deed was executed by Ramnaresh Singh, defendant 1, and his sons Brijnandan Singh and Lahiri Singh who were arrayed as defendants 2 and 3 in the suit. Mt. Munno Kuari, the mother of Ramnaresh Singh, also joined in the execution of the mortgage-deed and she was impleaded as defendant 4. She however died during the pendency of the suit and is not a party to the present appeal. The mortgage deed was for a sum of Rs. 1,551. Out of this amount a sum of Rupees 857-5-2 was borrowed by the mortgagors for discharging a simple money decree against Ramnaresh Singh and for the payment of Government revenue. The property mortgaged originally belonged to Mt. Munno Kuari but before the date of the mortgage Mt. Munno Kuari had transferred that property by gift to Ramnaresh Singh. Therefore the property on the date of the mortgage was owned by Ramnaresh Singh. The mortgage was in favour of t...
Tag this Judgment!Hira Lal and ors. Vs. Piarey Lal
Court: Allahabad
Decided on: Feb-28-1933
Reported in: AIR1933All745
Niamatullah, J.1. This is an appeal from an order passed by the learned Additional Subordinate Judge of Bulandshahr in appeal from a decree passed by a Munsif of that District. The lower appellate Court set aside the decree of the first Court and directed that the plaint be returned for presentation to the proper Court on the ground that the Munsif, in whose Court the suit had been instituted, had no jurisdiction to decide it. The plaintiff respondent sued the defendants for rendition of accounts and for recovery of certain sums of money on the allegation that the defendants, who constituted a firm styled Hira Lal Raghubir Saran and carried on business of commission agents in Bombay, had agreed to render accounts at Bulandshahr and to pay interest at the rate of 1 per cent per mensem on any balance that might be recoverable from them. The plaintiff alleged that the aforesaid agreement was arrived at through defendant 3, one of the partners, at Bulandshahr in April 1926. The transaction...
Tag this Judgment!In Re: Indian State Bank Ltd.
Court: Allahabad
Decided on: Feb-27-1933
Reported in: AIR1933All366
ORDER1. A compulsory order for the winding up of the Indian States Bank, Ltd., was passed by this Court. An official liquidator was appointed. The official liquidator on 2nd and 9th December 1932 applied under S, 196, Companies Act, to the Court stating that in his opinion fraud has been committed by the persons named in his applications in relation to the company since its formation, and asked that the persons so named should be publicly examined. Appended to the application was a schedule in which appeared a statement of the facts against each of the persons named in the application, from which the official liquidator asked the Court to infer that fraud had been committed by them; for example, as regards one of them Kunwar Gopi Nath Singh, it was said: This man was one of the partners of Vidyar-the Tandon & Co., who were the managing agents of the Indian States Bank, Ltd., and was one of the signatories to the Memorandum and Articles of Association. He was one of the first directors ...
Tag this Judgment!Sheo Dina Vs. Emperor
Court: Allahabad
Decided on: Feb-27-1933
Reported in: AIR1933All939
1. This is an appeal by Sheo Dina, Kachhi, who has been sentenced to death under Section 302, I.P.C., by the learned Sessions Judge of Banda, and there is also a reference for confirmation of that sentence. The person alleged to have been murdered is Mt. Bari Bahu, the mother-in-law of the accused. She lived at Ajnar where there is a police station and the accused Sheo Dina lives at Ari, a village two miles from Ajnar, with his wife Mt. Bhaoni, daughter of Mt. Bari Bahu. It is common ground that on the 23rd June 1932, Mt. Bari Bahu and her daughter started to go from Ari to Ajnar. The daughter had become ill and had sent for her mother to take her to her mother's house. It is alleged by Mt. Bhaoni that the accused was unwilling to let her go. It is also common ground that on the night of the 23rd of June at 9 p.m., Mt. Bhaoni and Sheo Dina were taken out of a well which is half way between these two village? and is situated, in the fields of the village of Khoi. They were taken out by ...
Tag this Judgment!In Re: Indian Companies Act Vii of 1931 and of the Indian States Bank ...
Court: Allahabad
Decided on: Feb-27-1933
Reported in: 143Ind.Cas.482
1. A compulsory order for the winding up of the Indian States Bank, Ltd., was passed by this court. An Official Liquidator was appointed. The Official Liquidator on the 2nd and 9th December 1932 applied under Section 196 of the Indian Companies Act to the court stating that in his opinion fraud had been committed by the persons named in his application in relation to the company since its formation, and asked that the persons so named should be publicly examined. Appended to the application, was a Schedule in which appeared a statement of the facts as against each of the persons named m the application, from which the Official Liquidator asked the court to infer that fraud had been committed for them for example, as regards one of them Kunwar Gopi Nath Singh it was said: 'This man was one of the partners of Vidyarthi Tandon and Co., who were the managing agents of the Indian States Bank, Ltd., and was one of the signatories to memorandum and articles of association. He was one of the f...
Tag this Judgment!Kunwar Unkar Singh and anr. Vs. Kashi Prasad
Court: Allahabad
Decided on: Feb-24-1933
Reported in: AIR1933All386
Iqbal Ahmad, J.1. This is a second' appeal by the plaintiffs whose suit for recovery of Rs. 2,500 principal and Rs. 1,015-10-0 interest, in all for a. sum of Rs. 3,515-10-0, has been dismissed by the lower appellate Court. The facts are admitted and are as follows: Jaswant Singh, the father of the plaintiffs, held a simple money decree against one Lalhans. He sold the decree to Kashi Prasad, defendant-respondent on 1st March 1923, for a sum of Rs. 2,500. The entire consideration was left with the defendant for payment to one Chiranji Lal, who held a decree against Jaswant Singh, the vendor. The defendant did not pay the amount left in deposit with him to Chiranji Lal, and Jaswant Singh, borrowed money from a third person by executing a mortgage-deed on 10th. December 1926, for discharging the decree of Chiranji Lal. Jaswant Singh died and, after his death, the plaintiffs brought the suit, giving rise to the present appeal, for recovery of the amount that was left in deposit with, the d...
Tag this Judgment!Mt. Bachuli Vs. Udai Singh and anr.
Court: Allahabad
Decided on: Feb-24-1933
Reported in: AIR1933All391
Sulaiman, C.J.1. This is a plaintiff's appeal arising out of a suit for pre-emption in Kurnaun. The Preemption Act does not apply but the suit was brought on the basis of the Customary law. Jawaru and Badru were' two brothers after whom their widows, Mt. Dauli and Mt. Katgi, got possession of the estate, half and half. It is assumed that they were in separate possession of these half shares. Mt. Katgi sold her half share on 4th November 1929 to Udai Singh and others. The present suit was instituted in the first instance by Mt. Dauli for preemption of the same. An objection was taken in the written statement that Mt. Dauli had lost all interest because of a gift made by her in favour of her daughter Mt. Bachauli. An application was promptly filed that the name of Mt. Bachauli should be substituted, in place of Mt. Dauli and that Mt. Dauli should be allowed to act as the next friend of her daughter. This application was allowed. The lower appellate Court has remarked that this procedure ...
Tag this Judgment!L. Madho Lal and anr. Vs. L. Duli Chand and anr.
Court: Allahabad
Decided on: Feb-24-1933
Reported in: AIR1933All429
Mukerji, J.1. These are two second appeals which arise out of the following facts: The facts will be stated in so far as they are necessary for the disposal of these appeals and no further. A firm Madho Lal Chiranji Lal, which would be described hereafter by the term firm, held a simple decree for money against one Chiranji Lal Ministry, whom it will be convenient to refer hereafter as the Ministry. The money decree was for Rs. 1,378-14-0 and bore No. 21 of 1927. The Ministry had a mortgage decree passed in his favour against one Dulichand, being No. 134 of 1927. The. decree was for a considerable amount, namely, for Rs. 3,402-8-6. The firm in execution of its money decree attached the decree No. 134 of 1927 held by the Ministry. Under the procedure as laid down in the Code of Civil Procedure of 1908, the decree attached should have been executed, and the money thus realized should have been credited towards the decree held by the firm. What however was done was to bring the decree No....
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