Allahabad Court August 1934 Judgments
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Bhagirath Lal Vs. Emperor
Court: Allahabad
Decided on: Aug-16-1934
Reported in: AIR1934All1017; 153Ind.Cas.619
ORDER1. This is an application in revision by an accused person against whom a complaint under Section 476, Criminal P.C., has been ordered to be filed by the Magistrate in whose Court he was being tried under Section 4, U.P. Adulteration Act. The case against the accused was that he bad exposed adulterated ghee for sale. In his defence he produced a phial containing some ghee stating that it had been given to him by the health officer at the time he took a sample of the ghee, with the request that it be tested again by the public analyst at his expense. The Magistrate thought that the colour of the contents of the original phial was different from that of the contents of the phial produced by the accused and also thought that the seals purporting to be those of the health officer on the two phials were not the same. Accordingly he took proceedings under Section 476, Criminal P.C., against the accused for having fabricated false evidence. The revision came up before a learned Judge of ...
Babu Ram Vs. (Firm) Kaloo Mal, Bisheshar Prasad and ors.
Court: Allahabad
Decided on: Aug-16-1934
Reported in: AIR1934All1069; 152Ind.Cas.364
Rachhpal Singh, J.1. This is a second appeal arising out of a suit for a declaration. The judgment-debtors' firm styled Ganpat Ram Mata Saran, were indebted to several persons. One of the decree-holders was a firm styled Jit Mal-Kaloo Mal. They applied for execution of their decree and got one house attached on 6th March 1930. The 26th June 1930, was the date fixed for sale. The plaintiffs (firm Kaloo-Mal-Bisheahar Prasad) had also two decrees against the aforesaid judgment-debtors. They also applied for execution of their decree and also prayed for the attachment of the property and for rateable distribution of the assets after the sale had taken place. The first application was made on 17th April. On 22nd April the Court passed an order directing the attachment of the house belonging to the judgment-debtors in execution of the decree of the plaintiffs' firm. Three days before the date fixed for sale, the judgment-debtors mortgaged their property in favour of Babu Ram, defendant-appel...
Kehar Singh Vs. Emperor
Court: Allahabad
Decided on: Aug-16-1934
Reported in: AIR1935All219; 152Ind.Cas.367
1. This is a reference by the Sessions Judge of Meerut recommending that the conviction of the accused under Section 4, U.P. Prevention of Adulteration Act (6 of 1912), be set aside. It appears that the learned Magistrate on 17th December 1933, fixed 3rd January 1934, as the date for the hearing of the case and ordered summons to issue. The summons however was not served till 31st December 1933. The case was heard on 3rd January 1934, and the accused made no protest as to the shortness of the time which he had to meet the prosecution case. The trial ended and the accused was convicted. On his behalf his counsel never suggested to the trying Magistrate that the accused had been prejudiced by the case having been taken up at such short notice. He went up in revision to the learned Sessions Judge and took no fewer than 12 grounds but did not suggest that the accused had been prejudiced by the date having been fixed rather early. There was no point taken that he had been prejudiced by any ...
Jaswant Singh Vs. Ganga Sahai
Court: Allahabad
Decided on: Aug-15-1934
Reported in: AIR1934All1042
Allsop, J.1. These are two second appeals. One Mukand Singh was an occupancy tenant of a certain holding. He died and was succeeded by his widow Mt. Kausilya some time before the new Tenancy Act came into force in the year 1926. Mt. Kauailya died at the end of the year 1927. It was then found that two persons Pirthi Raj and Jaswant Singh were in, possession of the holding. The zamindar sued to eject them as trespassers. They claimed to be tenants on the ground that one of them, Pirthi Raj was the son of Mukand Singh's daughter, and the other Jaswant Singh was the nephew of Mukand Singh, and that they had been in joint cultivation of the holding with Mukand Singh and with Mt. Kausilya. An issue was referred to the Revenue Court as to whether these two persons were tenants. I may mention that each of them was a defendant in a separate suit. The Assistant Collector held that they were not in joint cultivation with Mukand Singh and that they were not tenants as the tenancy did not descend ...
Nathu Ram Vs. Emperor
Court: Allahabad
Decided on: Aug-14-1934
Reported in: AIR1934All982; 153Ind.Cas.147
Bajpai, J.1. This is an appeal by Nathu Ram who has been convicted under Section 5, Explosive Substances Act (6 of 1908), by the Assistant Sessions Judge of Etawah and sentenced to four years' and six months' R.I. Mr. K.N. Agarwala appearing on behalf of the appellant has taken me through the entire record. Before I deal with the question of fact as to whether the evidence on the record justifies the conviction of the appellant, I should dispose of certain questions of law advanced by learned Counsel. It is said that because of Section 7, Explosive Substances Act, the learned Magistrate who committed the accused to the Court of Session should not have taken cognizance of the case without the consent of the Local Government. That provision of law runs as follows:No Court shall proceed to the trial of any person for an offence against this Act except with the consent of the Local Government or the Governor-General in Council.2. It is conceded that no such consent was obtained while the c...
Sheo Shanker Vs. Kashi Shanker and ors.
Court: Allahabad
Decided on: Aug-14-1934
Reported in: AIR1935All139; 157Ind.Cas.532
Collister, J.1. The plaintiff sued for a declaration that a certain trust was of a private nature and that he and defendants 1 to 4, being descendants of Gauri Shankar, who was the founder of the trust, had a right to manage the said trust and to perform worship in a temple forming part of the trust property. The plaintiff's case was that Gauri Shankar built a thakurdwara and a shevala and installed the family idols therein and he then built a few houses and some shops appertaining to the temple. On 20th November 1873 he executed a will under which he laid down certain rules of management. The plaintiff alleged that during his absence from Benares in which town the property in suit is situate - certain individuals filed a suit before the District Judge and wrongly obtained declaration that the trust was of a public nature, and defendants 5 and 6 were thereupon appointed trustees by the District Judge. The plaintiff accordingly sued for a declaration that defendants 5 and 6 aforesaid ha...
Secretary of State Vs. Firm Janki Das Govind Ram
Court: Allahabad
Decided on: Aug-13-1934
Reported in: AIR1934All952
ORDERKendall, J.1. These two applications for revision arise from two suits which were filed in the Court of the Judge of the Small Cause Court of Agra, relating to similar transactions, and they have been dealt with in detail in one judgment. The facts are as follows: The plaintiff-opposite-party had purchased some old sleepers from the applicant Railway Company for the purpose of firewood, and had them despatched from the stations of Bara and Agra. Nine wagon loads were sent from Bara and seven from Salpura and the wagons were loaded at those places on the responsibility of the plaintiff. There were no arrangements for weighing the wagons at the stations of despatch and they were actually weighed at Bina where according to the applicant and the finding of the trial Court, it was found that the wagons were overloaded. By overloading was meant not that the wagons were loaded beyond their carrying capacity, but there is a special rule relating to traffic that has to pass over the Chamba...
Lurkhur Vs. Emperor
Court: Allahabad
Decided on: Aug-13-1934
Reported in: AIR1934All976; 153Ind.Cas.582
ORDERBajpai, J.1. The applicant Lurkhur was tried by the Assistant Sessions Judge of Allahabad with the help of a jury for an offence under Section 376, Penal Code, and found guilty. The learned Judge then pondered over the question of sentence. He thought that a sentence of whipping should be passed in view of the fact that he inflicted pain on the girl who was raped. The age of the boy was ascertained by the learned Judge to be 13 years and six months and the age of the girl was nine. It is clear that the Judge intended that the sentence of whipping should undoubtedly be passed. He says, 'I am compelled to pass the sentence of whipping....' He was further of the opinion that the accused should also be given a small sentence of imprisonment, but at the same time he was averse to sending the youthful offender to an ordinary jail and thought that the best place for him was the Reformatory School; but under the Reformatory Schools Act, the minimum sentence of imprisonment that would enab...
Edward Waston Coleston Vs. Mrs. theresa Chitty and ors.
Court: Allahabad
Decided on: Aug-13-1934
Reported in: AIR1934All1053; 152Ind.Cas.124
1. This is an appeal under the Letters Patent from the order of a learned Judge of this Court granting probate to the Administrator-General. The findings of fact, so far as the main issues are concerned, are not disputed before us. The learned Judge found that the will of Mrs. Anselme was a genuine document, which had been executed by her while she was possessed of a sound disposing mind. He also found that the first codicil engrossed upon the will was also a genuine document similarly executed. But he came to the conclusion that the second codicil, which was also engrossed upon the will, had been obtained from her under undue influence, and she accordingly refused to give effect to it. These findings are not challenged.2. But the learned Judge then went on to say that he had been told 'that the executor, Mr. Mitchell,' who had applied for probate, was in the unfortunate position of having to avoid his creditors. He accordingly thought it highly undesirable to have an executor of this ...
Dattatray Mahadaji Phadnis Vs. Rama Datt Sharma
Court: Allahabad
Decided on: Aug-13-1934
Reported in: AIR1935All49
ORDERKendall, J.1. The present application is stated to be one for the revision, of an order of the Munsif of Banda, dated 21st December 1933, rejecting an application for an order restoring to the Munsif's file an application for review of a previous, order, dated 1st November 1933, rejecting the applicant's plaint. A preliminary objection was raised that the provisions of Section 115, Civil P.C., would not apply in a case like this, where the Munsif had merely refused to exercise the powers vested in him under Section 151, Civil P.C. It was however submitted on behalf of the applicant that the order of the Munsif showed that he was dealing with the matter not under Section 151, but under Order 47, Rule 7, Clause (2), Civil P.C., and that in this he was wrong because the application for review had been rejected, not in consequence of the failure of the applicant to appear, (he did in fact appear through his pairokar or agent), but in consequence of his failure to make up the deficienc...
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