Allahabad Court September 1933 Judgments
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Ghunnai Vs. Emperor
Court: Allahabad
Decided on: Sep-14-1933
Reported in: AIR1934All132; 147Ind.Cas.630
Young, J.1. Ghunnai was charged in the Court of the Sessions Judge of Allahabad under Section 302, Penal Code. It was alleged that he had murdered a small boy of 8 years of age by chopping off his hands for the sake of some ornaments he was wearing. The learned Sessions Judge found Ghunnai guilty and sentenced him to death. Ghunnai appeals and there is before us an application for confirmation of the death sentence.2. In the village of Sipauwa in the Koraon Police Circle a small boy named Rajhtan Singh disappeared towards the evening of 22nd March 1933. Several villagers searched for him. They discovered two men named Baldeo and Musau who said that they had seen the missing boy together with the accused proceeding towards the west of the village and that the accused was carrying an axe under his arm. This information was, that evening, given to the Mukhiya of the village. Ghunnai was sent for and questioned but he denied all knowledge of the missing boy. Eventually he admitted that he ...
Ram Swarup Vs. Jagdish NaraIn and anr.
Court: Allahabad
Decided on: Sep-14-1933
Reported in: AIR1934All1029
Rachhpal Singh, J.1. This is a defendant's appeal arising out of a suit for declaration. The relationship between the parties will appear from the following pedigree. KISHEN NARAYAN | ------------------------- | | prasadi Lal Kundan Lal | | Gaya Prasad=Mt. Bhagawandei Shib Sahai Ram defendant 2 Dayal | | Jagadish Narayan Ram Swarup plaintiff defendant 12. Prasadi Lal died about 1897 leaving his son, Gaya Prasad who was about 11/2 years old at the time. After that Kundan Lal died about 31 years ago leaving Ram Dayal his son, his other son, Shib Sahai having predeceased him. Ram Dayal died leaving his son Ram Swarup, defendant 1 who instituted in 1922, a suit against Gaya Prasad, defendant 2 for rendition of accounts. Gaya Prasad on the other hand filed a suit for partition of the alleged joint family property against Ram Swarup, defendant 1. On 3rd April 1922, the suit instituted by Gaya Prasad for partition was dismissed. Gaya Prasad preferred an appeal to this Court which Was dismisse...
Ram Sarup Vs. Jagdish NaraIn and anr.
Court: Allahabad
Decided on: Sep-14-1933
Reported in: 153Ind.Cas.356
1. This is a defendant's appeal arising out of a suit for declaration. The relationship between the parties will appear from the following pedigree. KISHEN NARAYAN | ------------------------------------ | | Prasadi Lal Kundan Lal | | Gaya Prasad=Mussammat Shib Sahai Ram Bhagwandei, Dayal defendant | No. 2. Ram Swarup, | defendant Jagdish Narayan, No. 1. plaintiff.2. Prasadi Lal died about 1897 leaving his son, Gaya Prasad who was about 1 1/2 years old at the time. After that Kundan Lal died about 31 years ago leaving Ram Dayal his son, his other son Shib Sahai having predeceased him. Ram Dayal died leaving his son Ram Swarup, defendant No. 1, who instituted in 1922, a suit against Gaya Prasad, defendant No. 2 for rendition of accounts. Gaya Prasad on the other hand filed a suit for partition of the alleged joint family property against Ram Swarup, defendant No. 1. On April 3, 1922, the suit instituted by Gaya Prasad for partition was dismissed. Gaya Prasad preferred an appeal to this C...
Gajraj Singh and anr. Vs. Muhammad Mushtaq Ali
Court: Allahabad
Decided on: Sep-13-1933
Reported in: AIR1933All913; 147Ind.Cas.424
Sulaiman, C.J.1. This is a plaintiffs' appeal arising out of a suit for sale on the basis of a mortgage-deed dated 18th June 1918 executed by ho defendant, Mohammad Mushtaq Ali, in favour of Lakhpat Singh, father of plaintiff-appellant 1 and grandfather of plaintiff-appellant 2. The property consisted of large shares in no less than seven villages. The amount was Rupees 14,500 carrying interest at the rate of 1 per cent per mensem compoundable annually. The mortgage money was taken in order to set off the amount due on a pronote dated 18th January 1918, another sum due on another pronote dated 17th April 1918, money required for deposit of pre-emption money and some money received at the time of the registration for the purpose for redeeming zamindari property in other two villages.2. The claim was contested by the defendant on many grounds which have already been decided against him except the plea that the rate of interest was unfair to him. The learned Subordinate Judge in dealing w...
Kamla Prasad Vs. Ram Prasad
Court: Allahabad
Decided on: Sep-13-1933
Reported in: AIR1933All918
Niamatullah, J.1. We are indebted to Mr. Shah Jamil Alam and Mr. K.N. Gupta, who appeared amicus curiae for the plaintiff and the defendant, respectively, in this reference which was otherwise unrepresented. The reference has been made under Order 46, Rule 1, Civil P.C., by the learned Judge of the Small Cause Court at Banda. It arose out of a suit for rent in respect of certain 'khattis' or grain-pits situate inside certain houses. The owner of the 'khattis' is in the habit of leasing them on rent. The lessee has the right to use them for the purpose of storing grain, and has no other right of enjoyment in the houses in which the khat is are situate. On objection being taken by the defendant to the jurisdiction of the Court the present reference has been made.2. The determination of the question depends upon the right interpretation of the language of Article 8, Schedule 2, of the Provincial Small Cause Courts Act, which excludes the jurisdiction of the Court of Small Causes inter ali...
Thakur Mahendrapal Singh Vs. Ganga Sahai and ors.
Court: Allahabad
Decided on: Sep-13-1933
Reported in: 150Ind.Cas.720
Thom, J.1. This is plaintiffs' appeal In the plaint the plaintiff alleges that the defendants were lessees of weighment dues' during certain years in respect of the land, which is specified in the plaint at a rental of Rs. 100 a year and that Rs. 200, on account of such rent for the years 1333 Fasli and 1334 Fasli was due, by the defendants. The learned Assistant Collector in the Court of first instance, decided that the parties had entered into such a contract as is set forth in the plaint but that he had no jurisdiction to entertain the suit.2. The lower Appellate Court has confirmed the decree of the Court of first instance. The decision in the suit turns up on the question whether weighment dues, which are monetary payments made by the person who is licensed by the landholder or the lambardar to exercise his profession of weighing the goods of the tenants within the zamindari of the licensor, came within the definition of 'Sayor' in Section 3(4) of the Tenancy Act. If these dues do...
Anwar Ullah Vs. Emperor
Court: Allahabad
Decided on: Sep-12-1933
Reported in: AIR1934All173
Bennet, J.1. This is a criminal appeal on behalf of one Anwar Ullah who has been sentenced to five years' Rule I. concurrently on three charges under section 409, Penal Code, and sentenced to pay certain fines. The accused was a clerk in the District Board Office at Azamgarh, and the charges are that on 11th December 1928, he drew a cheque for Rs. 2,490 from the treasury in cash, and on 16th April 1929, he drew a cheque for Rs. 1,130 in cash, and on 20th April 1929, he drew a cheque for Rs. 644 in cash, and that he committed criminal breach of trust of all these amounts. The first argument which was addressed to me was that sanction of the Locsal Government was necessary for this prosecution under Section 197, Criminal P.C. That section lays down that sanction is necessary in the case of a public servant who is not removable from his office save by or with the sanction of the Local Government or some higher authority and who is accused of any offence alleged to have been committed by h...
Matlub Hasan and ors. Vs. Mt. Kalawati and ors.
Court: Allahabad
Decided on: Sep-12-1933
Reported in: AIR1933All934; 147Ind.Cas.302
Sulaiman, C.J.1. This is a defendants' appeal arising out of a suit for a declaration that the plaintiff Mt. Kalawati, is, by virtue of an auction-purchase, the owner in possession of a certain share in properties specified and is entitled to get the said share in its entirety partitioned through the Revenue Court.2. Wazirunnissa was the owner of village Ruppur. On 13th January 1919 she executed a registered document, called a deed of agreement, under which she provided that she shall pay Rs. 20 per month to her daughter-in-law, Mt. Faruqunnissa, and that the said maintenance allowance should continue to be paid to her (Faruqunnissa's) descendants from generation to generation. She further provided that the maintenance allowance should be a charge on a 8 biswas, 2 biswansis, 4 kachwansis, 8 nanwansis and 18 tanwansis share in mahal Surkh of village Ruppur Bahadurpur and the said share shall remain hypothecated in lieu of the payment of the said maintenance allowance. She further provid...
Emperor Vs. Sardar Jahan and anr.
Court: Allahabad
Decided on: Sep-12-1933
Reported in: AIR1933All895
ORDERBennet, J.1. This is an application on behalf of the Local Government for cancellation of two orders passed by the learned Additional Sessions Judge of Jaunpur granting bail to two persons Badri and Sardar Jahan who have been committed to stand their trial before him under Sections 120-B/457, I.P.C. I shall first examine the order for bail in the case of Badri which was passed by the Sessions Judge on 9th August 1933. The matter of bail of Badri had came before this Court, and a learned Judge of this Court had passed an order on 7th March 1933. In that order he had considered the merits of the question and he had set aside the previous order of the Sessions Judge granting bail to Badri and two others. The learned Judge of this Court satisfied himself that there was a cons-piracy and a common fund behind the conspiracy and specific instances of intimidation of witnesses and tampering with witnesses by some of the accused in the conspiracy case. After the order of this Court Badri m...
In Re: V, an Advocate
Court: Allahabad
Decided on: Sep-08-1933
Reported in: AIR1934All317
Sulaiman, C.J.1. The Judge of the Court of Small Causes at Aligarh has very properly made a complaint to this Court that some suitable action may be taken against Mr. V. advocate, inasmuch as he sent a threatening letter, dated 31st July 1933, to him.2. In this letter Mr. V, after informing the Judge that steps were being taken to put a certain decree in execution, while a revision was pending in the High Court, stated as follows:I take the liberty to suggest to you that if you will be pleased after this information to stay all future actions in the said execution pending the final order in the said revision filed here at Allahabad, it shall be the best. I am taking this opportunity to inform you so that in case further action in execution is taken even after this information and my client(after success) files a suit for damages, you shall not be in a position to put in your plea of good faith and bona fide. Also, if contrary is done my client shall remain safe from future botheration....
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