Allahabad Court February 1933 Judgments
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B, an Advocate of Benares Vs. Judges of High Court at Allahabad
Court: Allahabad
Decided on: Feb-09-1933
Reported in: AIR1933All241; 145Ind.Cas.367
King, J.1. This reference arises out of an application for leave to appeal to His Majesty in Council. The applicant B is an advocate practising at Benares. On 26th May 1932 a Bench of this Court passed an order suspending the applicant from practice for a term of three months. The applicant applied for leave to appeal to His Majesty in Council and on 10th June 1932 a certificate was granted that the case was a fit one for appeal to His Majesty in Council Under Order 45, Rule 7 the applicant was bound to furnish security, and to deposit the amount required for translation and printing, within six weeks from the date of the grant of the certificate or within 90 days from the date of the order complained of or within such further period not exceeding 60 days as the Court might upon cause shown allow. The term of six weeks from the grant of the certificate expired on 22nd July 1932 and no application was made for any extension of that term. By an order dated 27th July 1932, a Bench of this...
Paltu and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-08-1933
Reported in: AIR1933All354
ORDERRachhpal Singh, J.1. On the complaint of one Sheo Narain, the five applicants were tried jointly. The case against four of them was that they had entered the house of the complainant on the evening of 29th June 1932, had dragged him out and had beaten him and had then wrongfully confined him for the whole night in the house of one of them. They were charged with the commission of offences under Sections 342, 452 and 323, Penal Code. The charge against Haddan, the fifth applicant, was that on the morning of 30th June 1932, he had beaten the complainant when the latter was taken to his house by the first four applicants. All the five applicants were found guilty and convicted by the trial Court. There was an appeal against the decision of the trial Court. The appellate Court maintained the convictions of the five applicants. Thereupon, the five applicants filed a revision application before the Sessions Judge. The learned Sessions Judge was of opinion that joint trial of applicant 5...
Bhagwati Prasad Vs. Abdul Latif
Court: Allahabad
Decided on: Feb-07-1933
Reported in: AIR1933All373
ORDERKendall, J.1. This is an application under Section 25, Provincial Small Cause Courts Act. for the revision of an order of the Small Cause' Judge,Meerut, dismissing the plaintiff's suit. The suit was for a sum of Rs. 543-8-0, said to have become due from the defendant on account of an oral loan taken by him from the plaintiff on 3rd May 1928, and the Court after considering the evidence held that the plaintiff had not been able to prove that the money had been advanced. The evidence for 'the plaintiff was that of the plaintiff him-self, his 'munib' and another person, who is described as an old friend and an occasional visitor. The plaintiff also produced his accounts showing that there had been an entry of the loan, but the defendant's signature was not taken in the book. On behalf of the defendant only the statement of the defendant himself was made. Mr. Kunzru, in arguing the case' for the applicant, has pointed out that the Court does not appear to have considered the plaintiff...
Pirthi Raj Vs. Vishnu Das
Court: Allahabad
Decided on: Feb-06-1933
Reported in: AIR1933All340
ORDERKendall, J.1. This is an application for the revision of an order passed by the Munsif of Muttra in execution proceedings dismissing an objection which was made by the applicant under Section 47, Civil P.C. The applicant had been declared insolvent but had been discharged on 18th January 1930. The opposite party, who was apparently un-aware of the insolvency proceedings, had obtained a decree against him in 1929, and this he proceeded to put into execution after the insolvent's discharge. The applicant made an objection that his discharge released him from all debts provable under the Provincial Insolvency Act, 1920. In dismissing the objection the learned Munsif appears to have been guided rather by what he considered to be general questions of equity than by the provisions of the Act. He remarks in his order that the decree-holderwas kept ignorant of the insolvency proceedings and was not able to avail of the distribution of assets. and he held that the effect of the order of di...
Ram Baran Shukla Vs. Emperor
Court: Allahabad
Decided on: Feb-06-1933
Reported in: AIR1933All356
Young, J.1. Ram Baran Shukla was rations clerk in the District Jail of Aligarh. He was charged before the Additional Sessions Judge of Aligarh. under Sections 409 and 218, Penal Code, for criminal breach of trust, and for making false entries in his ledgers in order to cover up his defalcations. The learned Additional Sessions Judge found Ram Baran Shukla guilty on both charges sentenced him under Section 409 to one year's rigorous imprisonment, but did not sentence him at all under Section 218. Ram Baran Shukla appeals. The evidence against Ram Baran Shukla was in the first place a confession purporting to have been made by him and to have been recorded under Section 164, Criminal P.C., and secondly, evidence of a shortage of 37 maunds of ata, which ata was under his control, and of falsification of the accounts by him. There was also a statement by him made in the Magistrate's Court that he had made alterations in the registers and that he had done this to avoid departmental action a...
M. Akhtar HusaIn Khan and anr. Vs. Collector of District Bareilly and ...
Court: Allahabad
Decided on: Feb-06-1933
Reported in: AIR1933All623; 147Ind.Cas.272
Bennet, J.1. This is an appeal by defendants 1 and 2 against a decree of the lower appellate Court. The plaintiffs sued for and obtained a decree from the Court of first instance declaring that for costs, horses and pedestrians to reach the plaintiffs' shop in the disputed chowk there is a right of passage from the west through the Sarai road over the phar of the shops of defendants 1 and 2 and for perpetual injunction against defendants 1 and 2 ordering them to open that passage from any place they think convenient and never to block the passage again. The plaintiffs were granted costs against defendants 1 and 2, and defendants 3 and 4 were ordered to bear their own costs. Defendants 1 and 2 appealed to the lower appellate Court. That Court amended the decree to the effect that the plaintiffs including defendants 3 and 4 would give 20 feet along the main road as an entrance at the place most convenient to them, presumably from the east corner of defendants 1. and 2's small shop on the...
B. Jaipratap NaraIn Singh and ors. Vs. B. Rabi Pratap NaraIn Singh and ...
Court: Allahabad
Decided on: Feb-04-1933
Reported in: AIR1933All453; 145Ind.Cas.534
Mukerji, J.1. This is an application for leave to appeal to His Majesty in Council in the following circumstances: First Appeal No. 143 of 1928 in which the applicants were the appellants came up for hearing on 13th April 1932. On that date it was dismissed for default as the learned Counsel stated that they had no instructions. An application was made for restoration of the appeal and hearing of it, but this application was dismissed on 21st June 1932. The present application is directed against that order of 21st June 1932, and it is contended that the applicants have a right to proceed before His Majesty in Council by way of appeal.2. It is argued that Section 104 of the Civil Procedure Code and Order 43 of Schedule 1 of the same Code do not indicate any Court to which an appeal would ordinarily lie and therefore an appeal must lie from the High Court's order to His Majesty in Council. This argument however, does not take notice of Section 106 of the Civil Procedure Code which says ...
F.D.R. Footwear Vs. N.W. Railway and ors.
Court: Allahabad
Decided on: Feb-03-1933
Reported in: AIR1933All348
ORDERKing, J.1. This application arises out of a suit for compensation for nondelivery of certain property consigned by the plaintiff through the defendant Railway Administrations. The Secretary of State is impleaded as the railways are State Railways. It appears that two consignments were despatched by the plaintiff from Agra to Wazirabad. The first arrived on 27th January 1930 and the second on 9th February 1930. Delivery was not taken of the consignments and ultimately they were sent to the lost property office and sold in the ordinary course of procedure. The plaintiff was informed that a certain sum stood to his credit as the sale proceeds, but he refused to accept the amount offered and filed the present suit on 3rd July 1931. It was pleaded that the suit was barred by limitation and the suit has been dismissed on this preliminary point.2. The article applied by the trial Court was Article 31 which gives a period of one year for a suit against a carrier for compensation for non-d...
U.P. Oil Mills Vs. Jamna Prasad and ors.
Court: Allahabad
Decided on: Feb-03-1933
Reported in: AIR1933All334
Mukerji, Ag. C.J.1. The case was partly heard and decided on 31st May, 1932. The result of that decision was that the application of the official liquidator was dismissed as against all the opposite parties, except as against Ram Lakhan, son of Jag Mohan Ram. We directed by our order that Shiarm Lal, witness, should be re-examined, and he has been re-examined. Now we proceed to decide the remaining issues. Issue 1. The evidence of; Shiam Lal now clearly establishes that Jagmohan Ram signed the memorandum of association as a promoter and made himself liable for 151 shares of the value of Rs. 100 each. Shiam Lal swore that he attested the memorandum of association in the presence of the executant, Jagmohan Ram. It was argued that this evidence was not enough and that Shiam Lal ought to have said specifically that he was present when Jagmohan Ram made his signature and that Jagmohan Ram was present when Shiam Lal signed the document as a witness. In our opinion the statement made by the w...
Mt. Gajrani and anr. Vs. Emperor
Court: Allahabad
Decided on: Feb-02-1933
Reported in: AIR1933All394
Bennet, J.1. This is a criminal appeal by Mt. Gajrani and Mula, both of Shahjahanpur district, each of whom has been sentenced to death, under Section 302, Penal Code, in the case of Mt. Gajrani, and under Sections 302 and 109, Penal Code, in the case of Mula, by the learned Sessions Judge of Saharanpur. There is also the reference from the learned Sessions Judge for the confirmation of his sentences. The offence in the case is the alleged murder of Girja Shankar, the husband of Mt. Gajrani, by the administration by her of arsenic at Laksar railway station on 29th. March 1932, causing his death in the early hours, of the following morning at about 5-40 a. m. In a case of murder by poison there are three main points to be proved: I firstly, did the deceased die of the poison in question; secondly, had the accused got the poison in question in his or her possession; and thirdly, had the accused an opportunity to administer the poison in question to the deceased. If these three points are...
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