Allahabad Court October 1934 Judgments
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Babu Lal Vs. Hukam Singh
Court: Allahabad
Decided on: Oct-23-1934
Reported in: AIR1935All102; 152Ind.Cas.932
Bennet, J.1. This is an application in Civil Revision by the defendants against a decree of a Small Cause Court passed in favour of the plaintiffs-respondents. The plaintiffs were appointed as shahnas to take charge of certain crops which had been attached by the defendants in execution of their simple money decree. The plaintiffs claimed that they had only paid Rs. 7-8 and that there was a dispute between them and the defendant as to the period for which they had worked and the present claim was brought under the orders of the execution Court. The lowers Court has decreed the claim for Rs. 48.2. One of the grounds taken is that the suit was not maintainable in the Small Cause Court and that the matter should have been determined by the execution Court. Learned Counsel referred to Order 21, Rule 125, under which it is stated that the attaching officer gives a certificate to a shahna stating the number of days he has served and the amount due to him and the shahna presents this certific...
Munna Lal and Sons Vs. Chairman Municipal Board
Court: Allahabad
Decided on: Oct-23-1934
Reported in: AIR1935All153
ORDERBennet, J.1. This is a civil revision brought by a plaintiff against a decree of the Small Cause Court in Jhansi. The plaintiff imported into Jhansi a number of articles on which lie was charged Rs. 237-7-9. The plaintiff contends that the articles which he imported do not come under the headings in the octroi schedule under which they have been assessed to octroi. The articles in question are shown in a number of invoices to consist of fuses, cables wire, fuse handles, britalux fittings, electric bulbs, etc. The series of schedules under which these articles have been assessed refer to articles made of brass, copper, bronze, rubber Nos. 80 to 83, and earthen ware No. 44. Some objection was taken that No. 44 comes under the heading of 'building materials and furniture' and learned Counsel argued that electric fittings would not come under either of those heads. He failed to explain under what head of house construction electric fittings would come. It appears to me that electric f...
Mizajilal Vs. Seth Lachhmi Narain
Court: Allahabad
Decided on: Oct-23-1934
Reported in: AIR1935All238; 153Ind.Cas.508
ORDERBennet, J.1. This is an application in civil revision in which the only point pressed is that an objection of a judgment-debtor in execution proceedings which had been dismissed for default does not operate as res judicata against the judgment-debtor to prevent him from making the same objection again. The facts are that there was a Small Cause Court decree passed by the Court of Lakhimpur which was transferred for execution to the Court of the Munsif of Farrukhabad on the regular side. In the Lakhimpur Court on 16th January 1930, the judgment-debtor made an objection that he was prepared to fix a pump in the plaintiff's house before the period fixed had expired and that the decree-holder refused to allow him to carry out this portion of the decree. The same objection was made by the judgment-debtor on 13th August 1930, in the Court of the Munsif Farrukhabad. The Courts have gone into the merits of this objection and have he'd that the objection is correct, but the lower appellate...
Gorakh Nath and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-22-1934
Reported in: AIR1935All86; 152Ind.Cas.934
Kendall, J.1. Of the three appellants Baijnath has been convicted of offences under Sections 380 and 414, Penal Code, and sentenced to two years' rigorous imprisonment under each. The other two appellants, Gorakh Nath and Sarju Singh have been convicted of offences under Section 414 and sentenced to two years' rigorous imprisonment, and all the three appellants have also been convicted under Section 120-B, Penal Code, and sentenced to two years' rigorous imprisonment under this section as well. The sentences are all concurrent.2. The case for the prosecution is that Baijnath stole a package of Rs. 1,800 in Government currency notes from the safe of one Sat Narain, who is the local agent at Bindki, Fatehpur District, far the firm of Ramjiawan Munni Lal of Calcutta. The notes were missed soon after they were taken, and Baijnath, on whom suspicion fell, made two confessions in the presence of some witnesses, but retracted them. He afterwards dug up the notes from a field and gave some of ...
Ganga Prasad Vs. Prabhat Dayal
Court: Allahabad
Decided on: Oct-22-1934
Reported in: AIR1935All141a
ORDERBennet, J.1. This is an application in. civil revision by a defendant against a decree of the Small Cause Court. The plaint alleged that the plaintiff had given gold and silver to the defendant, a sonar, to make into ornaments. In para. 3 of the plaint it was stated that after a week the plaintiff had asked the ornaments to be returned but that the defendant 'bad niati se' had not returned the gold and silver. The lower Court held this allegation proved and granted a decree to the plaintiff. The point taken in revision is that the allegations in the plaint amount to an. offence, under Ch. 17, Penal Code, and therefore the suit should have been tried as a regular suit as it is barred from Small Cause Court jurisdiction by the provision in the Provincial Small Cause Courts Act, Schedule 2, Article 35(1)(2). Learned Counsel referred to the definition, of 'criminal appropriation' in Section 403, and also 'criminal breach of trust' in Section 405, Penal Code. These definitions involve ...
Kanhaiya Lal Vs. Mt. Champa Devi
Court: Allahabad
Decided on: Oct-22-1934
Reported in: AIR1935All203; 153Ind.Cas.545
Bennet, J.1. This is a second appeal by a plaintiff who sues for possession of a certain house which he purchased by a sale-deed of 25th June 1929, from one Kishun Lal, the eon of the sister of Hulasi. It is found by the lower appellate Court that Hulasi was the last male owner of the house. The defendants were in possession of the house under a sale-deed executed by one Mt. Rukia, dated 22nd September 1928. By implication it was held that Mt. Rukia, the wife of Karwa Chhote Lal was not the owner of the house entitled to make a sale-deed. The written statement alleged that Kishun Lal was not the son of the sister and had no right of inheritance from Hulasi. As the question had not been clearly before the parties, I remanded the following issue:Were there any nearer reversioners of Hulasi than Kishun Lal when the succession opened out in 1921 on the death of Mt. Sliugan Devi.2. Evidence was produced by the parties and the lower appellate Court has, come to a finding that Kishun Lal was ...
Chanar Singh Jai Ram Vs. Chanar Singh Jeet Singh
Court: Allahabad
Decided on: Oct-22-1934
Reported in: AIR1935All265; 153Ind.Cas.898
Bennet, J.1. This is a second appeal by the defendant, Chanar Singh, son of Jai Ram. The respondent plaintiff is also Chanar Singh, son of Jit Singh. The second appeal is against the decision of the District Judge in appeal in favour of the plaintiff who had failed in the Court of first instance. The suit was for possession. On the first hearing I remanded an issue as follows:Has the defendant Chanar Singh acquired the title of a mortgagee by adverse possession for over 12 years o the land in suit as a mortgagee2. Further evidence was admitted and the lower appellate Court has come to a further finding which is to the effect that the defendant has not acquired the title of a mortgagee by adverse possession. The case has now been reargued as to whether this finding is-correct in point of law on the facts found by the learned District Judge. These facts are as follows:In 1871 there was litigation between one Jai Ram father of Ghanar Singh, the defendant in this case (now deceased) and tw...
Gauri Dayal Vs. Emperor
Court: Allahabad
Decided on: Oct-20-1934
Reported in: AIR1935All121
Rachhpal Singh, J.1. This is a revision application by one Pandit Gauri Dayal against the order passed by the learned Sessions Judge of Pilibhit, dismissing his appeal against his conviction under Section 101, Railways Act. The facts of the case are these : There is a railway station called Mala on the R. & K. Railway. B. Gaya Prasad was the Station Master of that station, and Babu Gauri Dayal was the Assistant Station Master at the same place. On 6th July 1933, Babu Gaya Prasad, Station Master was on duty from 6 a.m. to 6 p.m. He was relieved by Babu Gauri Dayal.2. There are three railway lines at Mala railway station. One is towards the railway station. The second is in the middle and is meant for run through trains. The third is towards the goods shed. The points Nos. 1 and 4 are on junctions of the station line and the middle line and the points Nos. 2 and 3 are on the junctions of the second and the third lines. The third line is meant for goods wagons, and the first line is meant...
Abdul Salam and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-12-1934
Reported in: AIR1935All132
Kendall, J.1. These are appeals by Mauji and five others from an order of the learned Sessions Judge of Jhansi sitting at Jalaun, convicting the six appellants of offences under Sections 397 and 397/75, Penal Code, and sentencing Abdul Salam and Janki as ring Leaders to eight years' rigorous imprisonment, Mauji was a previous convict to the same term and Nabi Bux, Nanhain and Chhotey Singh to seven years' rigorous imprisonment each. Abdul Salam and Nabi Bux were represented in this Court by Mr. Mohammad Husain and the others have appealed from jail. It should be mentioned at the outset that the convictions purporting to be under Section 397 are wrong for two reasons. In the first place Section 397 does not contain the definition of a substantive offence and no person can be charged or convicted under that section separately. Of course the section may be read with Section 395. In the second place Section 397 provides that:If, at the time of committing robbory or dacoity, the offender us...
Shyam Lal and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-12-1934
Reported in: 156Ind.Cas.978
1. Shiam Lal, Musaddi Lal, Jagat Narain, Bam Behari Lal alias Behari Lal and J wala, accused, were tried in the Court of the Sessions Judge of Etawah under Section 302 of the Indian Penal Code. The charge against them was that they had murdered one Musammat Pista. The learned Sessions Judge found all the five accused appellants guilty. He has sentenced Shiam Lal and Musaddi Lal to death, while the other three appellants have been given a sentence of transportation for life. All the five appellants have preferred appeals against their convictions and the record of the case has also been sent to this Court by the learned Sessions Judge for confirmation of the death sentence.2. Shiam Lal was the patwari of village Chhapora and some other villages. Jagat Narain is his brother. They have another brother whose name is Sheo Narain, Bam Behari Lal is the father of Shiam Lal and his brothers, while the accused Musaddi Lal is their maternal uncle. Bam Behari Lal had a brother named Lachhman Pras...
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