Allahabad Court March 1933 Judgments
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Mt. Ram Siri Vs. M. Iqbal Bahadur
Court: Allahabad
Decided on: Mar-16-1933
Reported in: AIR1933All456
Bennet, J.1. This is a first appeal from order by a plaintiff whose plaint in the Revenue Court has been returned by the Assistant Collector on the ground that the suit lies in the civil Court. The suit was brought by the plaintiff Musammat Ram Siri against the defendant Iqbal Bahadur for the arrears due under theka for a number of years 1336-37-38 fasli and kharif of 1339 Falsi. It is to be observed that all these were years during which the Agra Tenancy Act, Act 3 of 1926, was in force. The suit was brought under Section 132, Act 3 of 1926. The only question before us is whether that suit should be brought in the Revenue Court or in the civil Court. The thekanama in question was executed on a date prior to Act 3 of 1926, that is, it was executed on 13th September 1924. The thekanama deals with the entire property of the plaintiff and it sets forth that she desires to give a lease:of the entire zamindari property in the villages of Bedpur with market, Barauli, Bedpur, Raghopur, Ramit,...
Cyril Rowland Gibbs Vs. Mrs. Ellen Mabel Gibbs and anr.
Court: Allahabad
Decided on: Mar-15-1933
Reported in: AIR1933All427
Young, J.1. This is the petition of Cyril Rowland Gibbs of Allahabad praying that his marriage with Ellen-Mabel Gibbs should be dissolved and that he should have custody of the child. G. D. Thorpe, a Police Inspector of Cawnpore, has peen impleaded as corespondent. The petitioner alleges the adultery of his wife' with Thorpe. The petitioner married the respondent on 29th October 1928 in Allahabad, where they have lived ever since. They are domiciled in India, and this Court has jurisdiction to hear the petition. There is one son of the marriage at present aged 3 1/2 years.2. About the beginning of November 1932 the husband and the wife were staying with the mother of the latter in Allahabad. The co-respondent was then on leave, and, being an old friend of the family of the wife, came to reside with them for 2.1/2 months. There is no evidence in this case during this time of any undue familiarity or guilty affection between the respondent and the co-respondent. The only evidence that th...
Munshi Lal Vs. Emperor
Court: Allahabad
Decided on: Mar-15-1933
Reported in: AIR1933All657
ORDERKendall, J.1. This is a reference made by the Additional Sessions Judge of Aligarh with the recommendation that the order of conviction passed by a Magistrate under Section 307, United Provinces Municipalities Act, 1916, be quashed. The applicant, whose application has been approved by the Additional Sessions Judge, is in possession of one of the plots which have been cased out by the Municipal Board of Etah on payment of tahbazari or ground cess from day to day. On this plot there is a chabutra which has either been built by the applicant or, as he contends, has been standing on the plot for some years. Neither of the Courts has come to a definite decision on the question of whether the chabutra itself, which is a masonry construction, is an old or new one; but the reason why the Board took action was that he recently set up a shed on the chabutra, and the Board there-tore issued a notice to him, under Section 186 of the Act on 7th July 1932 to remove the chabutra and the shed. H...
Radha Mohan and ors. Vs. Ami Chand and ors.
Court: Allahabad
Decided on: Mar-14-1933
Reported in: AIR1934All386
1. This second appeal arises out of a suit brought by the plaintiff for the recovery of a certain sum of money. The allegations contained in the plaint were that dealings had been going on between the parties for a long time and accounts used to be adjusted from time to time. Accounts were finally adjusted on Magh Sudi 13th, Sambat 1981, corresponding to 21sfc February 1929, when a sum of Rs. 1,356.8-3 was found due to the plaintiffs by the defendants, and it was tin's sum together with interest at 1 p.c.p.m. which was claimed by the plaintiff. In defence it was stated that this account was wrong and that the claim was time-barred. No issue was struck by the court of first instance on the question of limitation but on the merits that court came to the conclusion that the plaintiffs' case was correct and it therefore decreed the suit. On appeal the first ground of appeal was that. In plaintiffs' claim was time-barred and the learned Judge allowed that plea to ho argued and he came to th...
Emperor Vs. J.M. Chatterji
Court: Allahabad
Decided on: Mar-14-1933
Reported in: AIR1933All434; 145Ind.Cas.126
Bennet, J.1. These four criminal appeals arise out of four criminal cases brought on the complaints of R.B. Pt. Chakradhar Jayal of the Indian Police Service on deputation to Tehri State as Dewan, for criminal defamation under Section 500, Penal Code. Each case was tried separately, but the Magistrate has written a joint judgment and the appeals have been argued together. One appeal is by Pt. Bishambhar Datt Chandola, editor, printer and publisher of a paper called the Garhwali. He has been convicted for three articles as follows: 30th August 1930 'A Simla Tea Party;' 3rd May 1930 'Rawain Pranta Main Ashantosh' and27th September 1930 'Simla Times and R.B. Pt. Chakradhar.'2. The other three appeals concern articles in a paper called the Indian States Reformer, of which Pt. Anant: Narain is the editor and publisher and Mr. S.C. Banerji the printer. Mr.. J.M. Chatterji, a barrister, was a contributor to this paper. These persons have been convicted as follows : Mr. Chatterji for an articl...
Shiva Charan and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-14-1933
Reported in: AIR1933All482
Kisch, J.1. In this case three persons have been convicted by a First Class Magistrate in a summary trial of an offence under Section 13, Public Gambling Act, and have been sentenced to fines of Rs. 40, 30 and 10 respectively. The applicants had for sale a variety of articles of trifling value. These articles are said to have ranged in value from 2 pice up to about a rupee. They adopted the method of writing out as many tickets as there were articles with the name of one of the articles on each ticket. They took their barrow with the articles on it to the Jamna Bridge in Agra and invited purchasers to buy any ticket for one anna. The purchaser then received the article the description of which was written on the ticket. In the event of the purchaser being displeased with his purchase the applicants would take it back in return for another ticket or tickets, and if this process were repeated by one customer several times. over, by the systems adopted by the applicants, he might eventual...
Nihal Chand Shastri Vs. Dilawar Khan and ors.
Court: Allahabad
Decided on: Mar-10-1933
Reported in: AIR1933All417
Mukerji, Ag. C.J.1. These two revisions have arisen out of a Small Cause Court Suit No. 5247 of 1930 instituted by Mr. Nihal Chand Shastri against two defendants, Masood Ahmad Khan and Dilawar Khan alias Dilawar for recovery of Rs. 340. The plaintiff's case was_ that defendant 2, Dilawar had a criminal case against him in a Magistrate's Court at Muzaffarnagar, where the plaintiff was then practising as an advocate of the High Court. Masood Ahmad Khan was the plaintiff's clerk. Dilawar Khan wanted the plaintiff to go to Allahabad and to file an application for transfer of the criminal case from Muzaffarnagar and agreed to pay Rs. 50 a day for the period during which the plaintiff would be away from Muzaffarnagar. As Dilawar Khan had no money to pay down, Masood Ahmad Khan, the plaintiff's clerk stood surety for him. The plaintiff carried out his part of the contract, but was not paid. The plaintiff accordingly brought the suit. The learned Judge of the Small Cause Court decreed the suit...
Karan Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-09-1933
Reported in: AIR1933All433; 145Ind.Cas.156
Young, J.1. This is an application in revision against the order of the Additional Sessions Judge of Fatehpur, whereby he dismissed an appeal from the decision of a First Class Magistrate. The applicants, Karan Singh, Indrajit Singh and Mt. Paragia were charged under Section 498 Penal Code, for taking or enticing away the wife of one Ahmad Husain with intent that she might have illicit intercourse with another man. The learned Magistrate found all the three accused guilty and sentenced Karan Singh to one year's rigorous imprisonment, and a fine of Rs. 50, Indrajit to a fine of Rs. 25 and Mt. Paragia to a fine of Rs. 10. The learned Additional Sessions Judge upheld the convictions and sentences, and all three accused apply in revision to this Court. A woman named Mt. Bawwa, aged 20 years, was married to one Ahmad Husain, a Mohammadan. Ahmad Husain however did not appreciate his wife, neglected her, and left her. At the time of the alleged offence Mt. Bawwa was living with her father, on...
Educational Book Depot and anr. Vs. Dr. Rabindra Nath Tagore
Court: Allahabad
Decided on: Mar-09-1933
Reported in: AIR1933All474
Sulaiman, C.J.1. This is a defendants' appeal arising out of a suit brought for an injunction and damages under the Copyright Act. The plaintiff is Dr. Rabindra Nath Tagore, who is the author of three books called 'Gitaner,' The 'Gardener,' and the 'Crescent Moon'. These books had been printed by Macmillan & Company limited. A selection of his poems styled 'Poems From Tagore' has also been published. The defendant No. 1. is a firm owned 'by Lala Ram Narain Lal who has brought out a book called 'Intermediate Poems For Detailed Study, 1929' which contains one poem out of the first book, two out of the second book and one out of the third. Defendant 2 was the publisher of the last mentioned book. The case for the plaintiff was that the defendants in publishing their book had infringed the copy-right of the plaintiff. In the plaint the plaintiff claimed an injunction restraining the defendants from further infringement, for an account of the number of copies of the book sold and unsold and...
Mt. Sudeshara Vs. Emperor
Court: Allahabad
Decided on: Mar-09-1933
Reported in: AIR1933All818
ORDERYoung, J.1. This is an application in revision from the order of the Sessions Judge of Benares, by which order he confirmed the conviction and sentence passed upon the applicant under Section 420, Penal Code. The complainant pawned certain ornaments with the accused, Mt. Sudeshara. He alleged that he repaid her the money, but that she refused to return the goods. The defence was that the transaction took place through one Mt. Katoni, and that Mt. Katoni subsequently borrowed another Rupees. 80, and naturally the pawn-broker would not return the articles until the subsequent loan was repaid. There was. a dispute in this case which I think clearly ought to have been settled in the civil Court. I do not intend to go into the merits of the matter, but it is worthy of note that Mt. Katoni did give evidence in the criminal case in favour of the accused. Too often do persons with claims often doubtful take criminal proceedings in the hope that the defendant will pay the amount claimed ra...
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