Allahabad Court November 1934 Judgments
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In Re: Election of Bar Council
Court: Allahabad
Decided on: Nov-19-1934
Reported in: AIR1935All295; 157Ind.Cas.220
ORDER1. The applicants are members of the Bar. In their applications they seek to have the election of the opposite parties, who are also members of the Bar, as members of the Bar Council, declared null and void.2. The opposite parties were declared duly elected as members of the Bar Council on 11th August 1934. The applicants challenge their election on the ground that the Bar Council elections were held under rules which were not in force at the time the elections took place. The applicant, Mr. Baleshwari Prasad, challenges the election of the opposite parties on certain other subsidiary grounds. The opposite parties did not oppose the application and were not represented before the Tribunal.3. By Section 6, Bar Councils Act, of 1926, provision is made for the framing of rules governing amongst other matters the manner in which elections of members of the Bar Council shall be held. Sub-section (2), Section 6 is in the following terms:The first rules under this section shall be made b...
Girja Prasad Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-19-1934
Reported in: AIR1935All346a; 153Ind.Cas.999
1. The appellants, Girja Prasad and Bhagwati, were charged before the learned Sessions Judge of Benares, under Section 302, Penal Code, with the murder of a youth named Barka alias Adit Prasad at the village of Marwi on 16th May 1934. The appellant Bislinath was charged with aiding and abetting the murder on the infliction of grievous hurt on Barka contrary to Section 111, Penal Code, read with Section 302 and Section 325, Penal Code, All the appellants were convicted, Girja Prasad being sentenced to death whilst Bishnath and Bhagwati were sentenced to transportation for life. Against these convictions and sentences all the appellants have preferred appeals to this Court.2. There can be no doubt that the deceased Barka met his death by violence. The post mortem report and the unchallenged evidence of Major Culhane, the Civil Surgeon of Benares, prove conclusively that the death was due to a stab in the abdomen. The only issues for the decision of this Court are, who stabbed the decease...
Mt. Phool Kunwar Vs. Rikhi Ram
Court: Allahabad
Decided on: Nov-16-1934
Reported in: AIR1935All261; 153Ind.Cas.865
1. This appeal arises from an application for execution made by the respondent Pandit Rikhi Ram who obtained a simple money decree against Shah Jwala Prasad since deceased. The decree-holder applied for execution of his decree by attachment of rents due from the tenants holding land left by the judgment-debtor. The latter's widows Mt. Phool Kunwar and Mt. Khem Kunwar objected to the attachment of the rents, inter alia, on the ground that they accrued after the death of Shah Jwala Prasad and were therefore their personal property and not part of the assets left by the deceased. Their objection was dismissed by the lower Court. They have come up in ppeal to this Court.2. It is clear that the decree against the deceased judgment-debtor can be executed against the assets left by him. The question is whether the rents accruing due since his death and payable by the tenants holding immovable property once belonging to him can be considered to be part of his estate. The widows are in possessi...
Mool Chand Vs. Dip Chand
Court: Allahabad
Decided on: Nov-16-1934
Reported in: AIR1935All272; 153Ind.Cas.869
Bennet, J.1. This is a first appeal from an order brought by a creditor against an order of the learned District Judge of Jhansi under the following circumstances. The opposite party Dip Chand was adjudged an insolvent on 14th July 1915, under Act 3 of 1907. He made an application for discharge in 1922 and notice was issued to the creditors who were represented and the Court held a proceeding for discharge. The provisions in regard to discharge in Section 44 of Act 3 of 1907 are identical with the present provisions in Sections 41 and 42 of Act 5 of 1920, with the exception that under the present Act a period is specified during which the application should be made. That question does not arise. The insolvent gave evidence that Rs. 150 had been paid by the sale of his house and that the debts were the debts of his father and that he also owned a ruined site of a house to the extent of a two annas share worth some Rs. 50 or Rs. 60 which, he placed at the disposal of the creditors. The C...
Lal Ratnakar Singh Vs. Kr. Rudra Pratab Singh and anr.
Court: Allahabad
Decided on: Nov-16-1934
Reported in: AIR1935All402; 157Ind.Cas.429
Bennet, J.1. These are two execution first appeals brought by judgment-debtors under similar circumstances. The facts are that there was a suit for partition and there was an appeal in the High Court which was dismissed and three defendants were allowed separate costs as follows in the High Court:Rs. a p.Recoverable by defendant 1 ... 7,193 11 0' ' ' 3 ... 1,132 11 0' ' ' 2 ... 2 0 0-------------------Total 8,328 6 02. The High Court's decree was dated 29th January 1929. On 25th January 1932 these three persons made an application for execution of the decree. The application stated that they were entitled to the separate amounts of costs set forth. Objection was taken that Maharao Raja Ram Singh had no right to execute the decree and that objection was upheld. The lower Court then had the application of two persons before it to obtain execution of separate amounts due to them. The lower Court decided that these two persons should not have made one application for execution and that the...
Jalaun District Co-operative Bank Vs. Official Receiver and anr.
Court: Allahabad
Decided on: Nov-15-1934
Reported in: AIR1935All279
Bennet, J.1. This is a first appeal from order brought by the Jalaun, District Co-operative Bank at Oral. A person called Ram Dayal was adjudged an insolvent in the Court of the District Judge of Jhansi. The appellant bank was owed a debt by Ram Dayal and the bank obtained permission of of the board of revenue to sell an eight pies amindari share of the insolvent in, a certain village called Paretha in Bundel Khand. The bank did not take permission, from the insolvency Court. Ram Dayal made an application to the insolvency Court alleging that such permission was necessary before the bank could sell his property. The Court below has held that the bank can sell property but that as soon as the property is sold the price becomes the property of the insolvent under Section 28(4), Provincial Insolvency Act, and that this price then vests in the receiver, and that the Co-operative Bank has no priority over other creditors and that the money would be distributed, among other creditors. The ba...
Pansingh and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-15-1934
Reported in: AIR1935All282
Kendall, J.1. The appellants, Pan Singh, and his sons, Nar Singh and Mohan Singh, and also Chunni, have been convicted by the learned Sessions Judge of Kumaon of offences under Sections 326 and 326-109, Penal Code, and sentenced, the first three to five years' rigorous imprisonment and the fourth to three years' imprisonment under those sections, and Chunni has also been sentenced to two years' rigorous imprisonment under Section 201, Penal Code. The story told by the witnesses for the prosecution is an unusual and painful one but there is no doubt whatever, that it is true. It has been described in full by the learned Sessions Judge. The appellants are hillmen from the Almorah District, and the first three are apparently what are called devil dancers, who attempted at Chunni's request, or at any rate with his consent, to dispossess Chunni's wife of a devil by applying a hot ladle (karchhuli) to her mouth and throat and to various parts of her body, with the result that she died Chunni...
Balwant and anr. Vs. Parshadi Lal and ors.
Court: Allahabad
Decided on: Nov-15-1934
Reported in: AIR1935All789; 153Ind.Cas.704
Bennet, J.1. This is a first appeal from order by defendants. The plaintiffs brought a suit alleging in their plaint that they are owners of abadi plots Nos. 32, 25-2 and 48 to 52 in a pertain village and that they had a right of way by prescriptive easement over, plots Nos. 15 and 63 of the said village, that the defendants had constructed a wall on plot No. 15 and had begun to tie their cattle on plot No. 63 and that owing to these wrongful acts the plaintiffs were inconvenienced in going by the right of way over those plots. The defence was that there was a public thoroughfare through the plots Nos. 63 and 15 and that the defendants had built a wall in plot No. 1, but that this did not block the public thoroughfare and that the defendants were owners of plot No. 15. They denied that they had tied their cattle in plot No. 63. The Munsif dismissed the suit on the ground that the suit was barred by Section 91, Civil P.C., deciding only this preliminary point. The lower Court finds that...
Pan Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-15-1934
Reported in: 153Ind.Cas.425
Kendall, J.1. The appellants Pan Singh, and his sons, Nar Singh and Mohan Singh, and also Chunni, have been convicted fey the learned Sessions Judge of Kumaon of offences under Sections 326 and 326-109, Indian Penal Code, and sentenced, the first three to five years' rigorous imprisonment and the fourth to three years rigorous imprisonment under those sections, and Chunni has also been sentenced to two years' rigorous, imprisonment under, Section 201, Indian Penal Code. The story told by the witnesses far the prosecution is an unusual and painful, one; but there is no doubt whatever, that it is true. It has been described in full by the learned Sessions Judge. The appellants are hillmen from the Almorah District, and the first there are apparently, what are called devil dancers, who attempted, at Chunni's request, or at any rate with his consent, to dispossess Chunni's wife of a devil by applying a hot ladle (Karchhuli) to her mouth and throat and. to various parts of her body, with th...
Chattar Singh Vs. Ajudhia Prasad and ors.
Court: Allahabad
Decided on: Nov-14-1934
Reported in: AIR1936All324
Rachhpal Singh, J. 1. These are two connected appeals arising out of a suit for settlement of accounts and profits. The plaintiffs and the defendants are co-sharers in Sitalpur. Ajudhia Prasad, Kamta Prasad and Anwar Singh, plaintiff's, instituted a suit in the trial Court against Chattar Singh and Ganga Prasad for profits under the provisions of Section 226, Agra Tenancy Act. Chattar Singh and Ganga Prasad are lambardars in the aforesaid village. The suit was decreed by the trial Court. Against that decree an appeal was preferred to the Court of the learned District Judge, who modified the decree of the trial Court and reduced the amount decreed by a certain sum of money. Both sides have preferred appeals against the decision of the learned District Judge. It may be stated here that the suit which has given rise to the two second appeals before us was tried along with another suit, in which one Banarsi Das was the plaintiff. In the present appeals we are not concerned with that suit. ...
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