Allahabad Court March 1933 Judgments
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Nageshar Prasad Vs. Gudri Lal NaraIn Das and anr.
Court: Allahabad
Decided on: Mar-02-1933
Reported in: AIR1933All382
Rachhpal Singh, J.1. The respondents, the firm Gulzari Lal-Narain Das, obtained simple decree against one Raghunath Prasad on 26th April 1926. In execution thereof Raghunath Prasad was arrested on 20th April 1929. On this date Raghunath filed an application in the Court of the Munsif of Rasra, in which he stated that it was his intention to apply to be adjudged insolvent and in respect whereof he craved his release. The Court ordered his release and stayed execution proceedings on condition that he furnished security under Section 55(4), Civil P.C. The judgment-debtor furnished the appellant Nageshar Prasad as surety. The latter executed a surety bond under which he undertook (1) that the judgment-debtor would file an insolvency application in the Court of the District Judge, and (2) that he as-surety would produce the judgment-debtor in the Court on the date to be-fixed by the Court. The date fixed, was 21st May. 1929. On 7th May the-application to be declared an insolvent-was filed b...
Mt. Haliman Vs. Mt. Mediya
Court: Allahabad
Decided on: Mar-02-1933
Reported in: AIR1933All414; 145Ind.Cas.332
ORDERKing, J.1. This is a reference under Section 5, Court-fees Act. The suit was for possession of fractional shares of certain khewat holdings (khatas) of zamindari land. The question is whether under Section 7(v)(b), Court-fees Act, the value of the subject-matter should be deemed to be five times the proportionate share of the Government revenue assessed upon the khewat khatas, or whether it should be the market value of the land in suit, under Section 7(v)(d) of the Act. Under Section 7(v)(b), where the suit is for possession of land, and where the land forms an entire, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate, as is recorded in the Collector's register as separately assessed with such revenue and such revenue is settled, but not permanently, then the value of the subject-matter shall be deemed to be five times the revenue so payable. It is argued for the appellant that the land in suit forms definite shares of an estate, ...
Baij Nath Prasad Vs. Johar Chand-maugi Lal
Court: Allahabad
Decided on: Mar-02-1933
Reported in: AIR1933All404
1. This is a second appeal by the plaintiff whose suit has been dismissed by the' two lower Courts. The suit of the plaintiff was for a sum of Rs. 1,263-1-9 principal plus interest due to the plaintiff on account of the alleged purchase of sugar as commission agent on behalf of the defendant. The plaint set forth in para. 1 of the plaint that he carries on the business of commission agency and purchase and sale of sugar, money lending and hundi business in Bazar Barhaj in Gorakhpur district. The defendant carries on business of purchase and sale of sugar at Indore. The plaint sets forth that there were two previous transactions between the parties and the main transaction in question was on a date corresponding to 1st April 1922, when the plaint sets out that the defendant purchased 61 bags of sugar, the cost of which amounted to Rs. 3,925-6-3 which was debited to the defendant in the plaintiff's account book. This para. 5 of the plaint does not say that the defendant purchased through...
Asa Ram Vs. Emperor
Court: Allahabad
Decided on: Mar-02-1933
Reported in: AIR1933All593
Bajpai, J.1. By this reference the learned Sessions Judge of Fatehpur, recommends that the conviction of the applicant under Section 299(1), Municipalities Act, Local Act 2 'of 1916, be set aside. The recommendation is opposed by the Municipal Board of Fatehpur. The facts are that the applicant is a shop-keeper having his shop within the Municipal limits of Fatehpur, and the charge against him is that he was selling milk and dahi without having obtained previously a licence from the Municipal Board. The bye-law which he is said to have infringed is to the effect that:no person shall sell or expose for sale milk, cream, rabri, dahi, butter or ghee within the limits of the Municipality unless he has been granted a licence in this behalf on payment of, in advance, of an annual fee of Rs. 2 for such licence whether it is of the whole year or for a part thereof.2. The Courts below have held that there is sufficient evidence on the record to show that the applicant was selling milk or dahi a...
Chuttan Lal Vs. Md. Ikram Khan
Court: Allahabad
Decided on: Mar-01-1933
Reported in: AIR1933All546
Sulaiman, C.J.1. This is a judgment-debtor's appeal from an order refusing to set aside an auction-sale. The judgment-debtor alleged material irregularities and fraud in publishing and conducting the sale and substantial injury in consequence. It appears that a simple money decree dated 16th. July 1929, had been in execution for some time. Landed properties belonging to the judgment-debtor were attached and execution was sought against them. It is not necessary to go back earlier than August 1930. The 20th August was fixed for the sale of the properties. The properties being revenue paying lands, the sale had to be conducted y the Collector. The order passed by the Subordinate Judge fixing the date, as noted in the order sheet, did not specify the hour at which the sale would take place, but the sale-proclamation which was issued mentioned the date as well as one o'clock as the hour at which the sale was to take place. It may also be noted that the incumbrances were not specified in th...
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