Allahabad Court February 1934 Judgments
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Mt. Dukhi Vs. Inderman Ahir and ors.
Court: Allahabad
Decided on: Feb-09-1934
Reported in: AIR1934All656; 153Ind.Cas.903
Niamatullah, J.1. This appeal has arisen out; of a suit for redemption, which was decreed by the first Court but dismissed by the lower appellate Court. The plaintiff has appealed.2. The plaintiff sought by his plaint to recover possession of five plots, Nos. 27-1, 34-2, 31, 636 and 260 by redemption of a mortgage said to have been made in 1915 by her husband, Kashi Koeri, to secure the payment of Rs. 49-15-9. According to her the mortgage was usufructuary, and redeemable on payment of the principal amount.3. The defendant denied that the plaintiff was the widow of Kashi Koeri or that any mortgage of the five plots in dispute was made by Kashi in 1915. It was stated in the written statement that plots 636 and 260 were not in possession of Kashi, who was alleged to be an occupancy tenant in the village. As regards the other three plots, viz. 27-1, 34-2 and 31 all that was stated in the written statement was that:It anyhow it be proved that the plaintiff has a right in plots Nos. 27, 34 ...
Ramhit Vs. Emperor
Court: Allahabad
Decided on: Feb-09-1934
Reported in: AIR1934All776
Thom, J.1. The appellants in these three appeals have been charged and convicted under Sections 302/149, Penal Code, and sentenced to transportation for life. All the appellants wore charged in connexion with, a riot on 7th June 1931, in the village of Bhatwaria, which is about 40 miles from Allahabad in the course of which at least seven persons have been proved to have been murdered. The appellants in Appeals Nos. 220 and 574 of 1933, absconded. Ram Sarup the appellant in Appeal No. 220 of 1933 was arrested on 17th June 1932 and Gopal the appellant in Appeal No. 574 of 1933 was arrested on 6th December 1932. As the appellants in all the three appeals have been convicted in connexion with the same occurrence it will be convenient to consider the three-appeals together. The events of 7th June 1931 have been exhaustively discussed by the learned Sessions Judge in Appeals Nos. 288 and 574 of 1933 and we consider it unnecessary therefore to as more than refer briefly to the main facts at ...
Kashi Ram Mehta Vs. Emperor
Court: Allahabad
Decided on: Feb-08-1934
Reported in: AIR1934All499
Sulaiman, C.J.1. This is an application in revision from an order of the District Magistrate of Dehra Dun, declining to transfer a case pending in the; Court of the Sub-Divisional Magistrate of; Chakrata, forthwith, but ordering him to; proceed to take the evidence for the prosecution and hear the defence and then send the record to him for final orders as to whether the case would be transferred. The revision came up for disposal before learned Judge of this Court, who rightly remarked that, it is not possible to appreciate the meaning of this order. Obviously if there was a case made out for transfer, the order should have been made forthwith or else the application should have been rejected; the matter should not have been ordered to be kept pending till the entire evidence had been recorded. This is particularly so when the main ground for the transfer was that the Magistrate had no jurisdiction to try the case at all.2. In this reference we are not concerned with the convenience o...
Ram Prasad Vs. Gordhan
Court: Allahabad
Decided on: Feb-08-1934
Reported in: AIR1934All616
ORDERKendall, J.1. The circumstances out of which this application has arisen are as follows : The applicant, who is a decree-holder had obtained an ex parte decree against two judgment-debtors in the Small Cause Court, and attached some of their property in execution of that decree. The judgment-debtors applied to set aside the ex parte decree and Gordhan, the present opposite party became their surety, undertaking that if the application were dismissed or if it were allowed and the suit was subsequently decreed against the judgment-debtors and the judgment-debtors did not pay the amount he, the surety, would pay the amount of the decree. The original attachment appears to have been withdrawn on this surety bond being executed. It will be seen that there was no condition in the bond that the decree-holder should be obliged to execute the decree. The ex parte decree was set aside but the suit was again decreed against the judgment-debtors, and the decree-holder attached some cattle and...
Durga Prasad Singh Vs. Lachmi Narain
Court: Allahabad
Decided on: Feb-08-1934
Reported in: AIR1934All789; 153Ind.Cas.859
Iqbal Ahmad, J.1. This is a defendant's appeal and arises out of a suit for sale on a mortgage dated 2nd July of 1926, executed by Mata Prasad Singh, the father of Durga Prasad Singh, appellant, in favour of the plaintiff, respondent for a sum of Rs. 750. The mortgage money was made up of the following items : (I) Rs. 234-7-3 left with the mortgagee for payment of a debt due on the basis of a mortgage-deed dated 23rd September 1921, executed by the father and uncle of Mata Prasad, (2) Rs. 99-9-0 left with the mortgagee for payment of another debt due from Mata Prasad, (3) Rs. 113-15-9 left with the mortgagee for payment to one Ram Narain to whom the amount was due on account of arrears of rent and certain other debts advanced by him to Mata Prasad, (4) Rs. 35 for the cost of the stamp and expenses of registration of the mortgage.deed in suit and for household expenses, (5) Rs. 275 paid in cash at the time of registration for payment of a debt due to Shiva Babu Singh from Mata Prasad.2....
Bhirug and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-07-1934
Reported in: AIR1934All524a
ORDERThom, J.1. This is a criminal reference arising out of a prosecution as a result of which three applicants were convicted under Section 4, Gambling Act, of 1867. It appears that the Magistrate issued a warrant for the search of a certain house where gambling according to the terms of the warrant was 'likely to take place' The three applicants were found in the house when the search was made. They were tried and convicted under Section 4 of the Act on the evidence of the Sub-Inspector who searched the house and of Kunja Tewari who was examined under Section 10 of the Act and of Wali Mohammad, a man who is said to have been sent by the police to watch the gambling.2. Now, Section 5 of the Act empowers a Magistrate of the district upon credible information and after enquiry if he has reason to believe that a house is used as a common gaming house to issue a warrant for search. The warrant in the present case recites that information is received that gambling was 'likely to take place...
NaraIn Das Dori Lal Vs. Mihi Lal and ors.
Court: Allahabad
Decided on: Feb-07-1934
Reported in: AIR1934All521
Kisch, J.1. In this appeal the petitioning creditor in an Insolvency case seeks to set aside the order of the learned District Judge of Moradabad, which, reversing the order of the Insolvency Court, dismissed the appellant's application that his claim against the insolvent partnership should be allowed to rank with the claims of the creditors of the individual partners.2. On the petition of the appellant firm five connected partnership firms were adjudicated insolvents in insolvency proceedings Nos. 23 and 24 of 1925. One Sahu Bhikari Das or members of his family, were partners in all five firms. The appellant firm proved in the insolvency proceedings a debt of Rs. 45,069 in case No. 23 and a debt of Rs. 51,814 in case No. 24. Besides the various partnerships, there was a set of accounts of what was known as the Bahjoi Kothi, which contained the personal dealings of Sahu Bhikari Das and his family, and a number of debts shown in these accounts were proved by personal creditors of Sahu ...
Sardar Vs. Emperor
Court: Allahabad
Decided on: Feb-07-1934
Reported in: AIR1934All693
Thom, J.1. The applicant has been convicted under Section 20, Treasure Trove Act, 1878, and sentenced to six months' rigorous imprisonment. It appears that the Sub-Divisional Magistrate took cognizance of the case against the accused and then proceeded to try it himself without having in accordance with the terms of Section 191, Criminal P.C., informed the applicant that he was entitled to have the case tried by another Court. This omission on the part of the Sub-Divisional Magistrate is clearly an irregularity which vitiates the trial. In the result the conviction and sentence of the accused are set aside and as he is on bail he need not surrender to his bail....
Mohammad Abdul Karim Vs. Mahammad Yasin
Court: Allahabad
Decided on: Feb-07-1934
Reported in: AIR1934All798
Bennet, J.1. This is a first appeal brought by the plaintiff whose suit has been dismissed by the Court of first instance, the District Judge of Morabadad. The plaintiff sued on the ground that he was in possession of a certificate granted by the Controller of Designs dated 17th August 1929, certifying that a Design No. 43516 had been registered in respect of the application of such design to trays of brass or other suitable metal under the Patents and Designs Act of 1911. The photograph which is attached shows a large brass tray and the agents for the applicant specified the novelty by stating: 'The novelty of the design lies in the grooves along the sides of the tray.' The plaint set forth that the defendants had also begun to manufacture big trays of this design and that the plaintiff had given them a notice, but that they paid no heed. Para. 5 of the plaint stated:According to the certificate granted by the Controller of Designs the plaintiff alone is entitled to manufacture big tr...
Mohammad Abdul Karim Vs. Mohammad YasIn and anr.
Court: Allahabad
Decided on: Feb-07-1934
Reported in: 153Ind.Cas.214
1. This is a first appeal brought by the plaintiff whose suit has been dismissed by the Court of first instance, the District Judge of Moradabad. The plaintiff sued on the ground that he was in possession of a certificate granted by the Controller of designs, dated August 17,1929, certifying that a design No. 43516 had been registered in respect of the application of such design to trays of brass or other suitable metal under the Indian Patents and Designs Act of 1911. The photograph which is attached shows a large brass tray and the agents for the applicant specified the novelty by stating: 'The novelty of the design lies in the grooves along the sides of the tray'. The plaint set forth that the defendants had also begun to manufacture big trays of this design and that, the plaintiff had given them a notice but that they paid no heed. Paragraph 5 of the plaint stated:According to the certificate granted by the Controller of Design the plaintiff alone is entitled to manufacture big tra...
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