Allahabad Court September 1933 Judgments
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Suraj Deo Tewari Vs. Suraj NaraIn Man Tewari and ors.
Court: Allahabad
Decided on: Sep-08-1933
Reported in: AIR1933All953; 147Ind.Cas.482
Rachhapal Singh, J.1. This is a defendant's second appeal. The facts which have given rise to this appeal are quite simple and are as follows:Suraj Deo Tewari instituted a suit against Sureman Man Tewari and attached his immovable property before judgment. Eventually the suit was decreed in 1925. The Mofassil Bank obtained a decree against the defendant 2 on the 21st September 1925. This decree was passed after the decree in favour of the defendant 1. On the 9th November 1926, the plaintiff purchased the property of the defendant 2 which had been sold at a Court auction in execution of the decree of the Mofassil Bank. Later on, Suraj Deo Tewari, defendant 1, in execution of his decree attached the same property and put it to sale. The plaintiff filed objections under Rule 58, Order 21, Civil P.C., objecting to the sale on the ground that he was the owner of the property which had been attached, but these objections were thrown out. Before the date fixed for the sale the plaintiff paid ...
Almu Sah and anr. Vs. Kundan Sah and ors.
Court: Allahabad
Decided on: Sep-08-1933
Reported in: AIR1933All916; 147Ind.Cas.826
Rachhpal Singh, J.1. Some of the plaintiffs-respondents instituted a suit in the trial Court against the defendants-appellants to obtain a declaration to the affect that a deed of gift executed by Mt. Bhaka, on 31st October 1927, in favour of the defendants in respect of the property in suit was not binding on them after her death. Mt. Bhaga died during the pendency of the case and subsequently, when the case was pending before the District Judge in appeal, a prayer was added for possession of the property in suit. The lower appellate Court found that the plaintiffs and the defendants were the nearest reversioners of one Bala Sah. All the reversioners were not parties to the suit, but when the case was pending in the Court of the learned District Judge he added certain persons plaintiffs. One of them was not even present; his nephew happened to be in Court and made a statement that he had full authority to represent his uncle and on that ground the uncle was also made a party. The defe...
In Re: Mr. A.P. Verma, Advocate, High Court
Court: Allahabad
Decided on: Sep-08-1933
Reported in: 147Ind.Cas.330
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. Ajodhia Prasad Verma, Advocate, inasmuch as he sent a threatening letter, dated July 31, 1933, to him.2. In this letter Mr. Verma, 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 6uit for damages, you shall not be in a position to put in your plea of good faith and bona fides. Also, if contrary is done my client shall remain safe from future bo...
Mt. Lugdi Vs. Har Prasad and anr.
Court: Allahabad
Decided on: Sep-07-1933
Reported in: AIR1934All11
Young, J.1. This is a second appeal from the decision of the learned Subordinate Judge of Muttra. The plaintiff, who is an old pardanashin woman, brought a suit in the Court of the Munsif for the sum of Rs. 2,371-11-0 being principal and interest on a sum of money deposited by her with the defendants in the year 1924. Both the lower Courts have dismissed the plaintiff's suit. The lower appellate Court came to the conclusion that the money was a deposit and that Article 60, Lim. Act, applied. Although in the plaint the date of demand was said to be within three years of the suit, one of the witnesses for the plaintiff in the cross-examination said that various demands had been made for the money and the first one was in or about the month of April 1927. The learned Judge on this statement elicited in cross-examination decided that the demand had been made in April 1927 and that as Article 60 applied, the action was time barred. The plaintiff appeals to this Court.2. The important point ...
Maula Bakhsh Vs. Debi Prasad
Court: Allahabad
Decided on: Sep-07-1933
Reported in: AIR1934All92
Bennet, J.1. This is a second appeal by the plaintiff whose suit for arreas of profits against another co-sharer under Section 165, Agra Tenancy Act (2 of 1901), has been dismissed by an Assistant Collector and also his appeal has been dismissed by the District Judge. The facts set forth in the order of the District Judge are simple. The plaintiff owns a large share in a certain khata khewat number and the defendant owns a very small share. The defendant is in possession of a large portion of the land in that khata khewat number. There was a partition which took effect from the year Fasli 1319 (1911-12) in which the defendants was entered as exproprietary tenant of this land. The learned Counsel for the defendant-respondent argues that on the principle of the Full Bench ruling in Gokaran Singh v. Ganga Singh A.I.R. 1920 All. 229, the plaintiff cannot make a claim that this land is not defendant's exproprietary tenancy but is his sir. The ruling quoted deals with the converse case where...
Chandai Vs. Emperor
Court: Allahabad
Decided on: Sep-07-1933
Reported in: AIR1933All891
King, J.1. This is a reference by the learned Sessions Judge of Allahabad recommending that the conviction of one Chandai under Section 122 of the Indian Railways Act, 1890, be set aside.2. Chandai used to work as a licensed porter at the Allahabad railway. station. In accordance with an agreement between Mr. Sealey and the Railway administration the former used to supply a sufficient number of coolies for carrying passengers' luggage and doing other railway work. Every cooly engaged by Mr. Sealey had to wear a numbered badge to show that he was licensed to work at the railway station and it was understood that none but licensed coolies would be permitted to work as porters. On the 29th of September 1931, Chandai absented himself from duty without permission and remained absent for a month. Mr. Sealey dismissed him for having absented himself without obtaining any leave and refused to enrol him on his return. On the 5th or 6th of December 1931, Mr. Reiley, a railway official, saw Chand...
Gulzari Lal Vs. Ali Ahsan and ors.
Court: Allahabad
Decided on: Sep-07-1933
Reported in: AIR1933All929
Niamatullah, J.1. This appeal has arisen out of a suit for contribution, which has been dismissed by the lower Court. The plaintiff has appealed.2. The facts, which are no longer in dispute, are as follows. One Ali Ahsan owned villages Lalpur and Kuramai. He executed a number of deeds in respect of one or the other, or both, of those villages. We mention only such of them as are material for the purposes of this appeal. On the 18th November 1910, he executed a deed of mortgage in favour of Mauji Ram and Sita Ram to secure the payment of Rs. 3,500 with interest at 9% per annum compoundable every half year. Both the villages Lalpur and Kuramai were hypothecated. On the 17th March 1911, he executed an agreement to execute a zarepeshgi lease in favour of Mt. Aziz Fatima in respect of village Kuramai. A suit for specific performance was brought by Aziz Fatima and was decreed on the 25th January 1912. It was declared that the zarepeshgi lease to be executed in execution of the Court's decree...
Hori Lal Vs. Emperor
Court: Allahabad
Decided on: Sep-07-1933
Reported in: AIR1933All893
ORDERBajpai, J.1. Hori Lal was convicted by a Magistrate of the first class under Section 411, I.P.C. His conviction was confirmed in appeal by the learned Sessions Judge. Hori Lal was tried along with two other persons, namely, Thakur Prasad and Gajodhar. The two latter were tried for an offence under Section 379, I.P.C., whereas Hori Lal was tried for an offence under Section 411, I.P.C. The facts appear to be that certain rods belonging to the Singh Engineering Company were loaded on a thela and were to be sent to the railway. While they were lying outside the premises of the company 25 of the rods on the thela disappeared and three of them were found on a patri in Bansmandi. The contractor and other servant of the company were investigating into the matter when they saw Gajodhar and Thakur Prasad trying to remove the three rods from the patri at Bansmandi. Thakur Prasad who is only a boy of 12 years was arrested on the spot but Gajodhar made good his escape and while Thakur Prasad ...
Sheikh Ajmeri Vs. Emperor
Court: Allahabad
Decided on: Sep-04-1933
Reported in: AIR1934All39
Sulaiman, C.J.1. This is a criminal revision from an order of the Sessions Judge upholding the conviction of the accused under Section 155 and Section 299, U.P. Municipalities Act. It appears that the' applicant Sheikh Ajmeri, is a butcher residing in the city of Agra. Up to 1923, in addition to public slaughter-houses-situated within the city of Agra, there were private slaughter-houses outside the Municipal limits across the Jumna river, some 7 miles off. The site was acquired by the Municipal Board and then leasedi out to butchers who had their private slaughter-houses on the land. In 1923, by a notification in the Gazette, a small-area of less than 1 square mile known as Jharnanala was added to the Agra Municipality. This area does not actually adjoin the original Municipal limits and is a detached area quite separate from the old Municipal limits of Agra and there is a distance of about 3 miles in between. After the area became a part of the Municipality of Agra certain bye-laws w...
Sheo NaraIn and anr. Vs. Dist. Judge, Shahjahanpur and anr.
Court: Allahabad
Decided on: Sep-04-1933
Reported in: AIR1933All826
Young, J.1. This is an appeal from the order of the learned District Judge of Shahjahanpur by which order he committed Rai Bahadur Pandit Shea Narain Misra, the Chairman of the District Board of Shahjahanpur and Sardar Indar Singh, the engineer and acting secretary of the Board, for 6 months, for contempt of Court. Both these persons appeal against the order of the learned District Judge.2. There apparently was friction in the District Board of Shahjahanpur between the Chairman and the members of the Board on the one hand, and Mr. Kailashi Nath Kapoor who was secretary and had held that office for some 12 years on the other. The result was that by a resolution dated 22nd June 1932 the Board dismissed Mr. Kailashi Nath from his office alleging as reason therefor, firstly, the economic situation and the desitability of the amalgamating the offices of the engineer and the secretary, and, secondly, that Mr. Kailashi Nath was unsatisfactory, incompetent, and had been creating friction among...
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