Allahabad Court September 1934 Judgments
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Mt. Zabaishi Begam Vs. NaziruddIn Khan and ors.
Court: Allahabad
Decided on: Sep-06-1934
Reported in: AIR1935All110; 152Ind.Cas.1008
1. This dispute in this and the connected Appeal No. 175 of 1930, is about the property that belonged to one Nadir Ali who died before the year 1877 A.D., leaving a widow Nadirjan and two sons, Slier Ali and Hamza Ali and a daughter named Shafat Begam. Nadirjan transferred the share that devolved on her by right of inheritance from Nadir Ali to her two sons. The plaintiffs in the suit, were the heirs of Shafat Begam, viz., Nasiruddin, her husband and Fakhurddin, her sort, and they are the contesting respondents in both the appeals. The claim by them was with respect to the share that on the death of Nadir Ali devolved on Shafat Begam by right of inheritance, and to which share the plaintiffs became entitled, on the death of Shafat Begam in the year 1916, as her heirs. Admittedly Shafat Begam was entitled to a 14-80 share in the property left by Nadir Ali and the plaintiffs' claim was with respect to that share.2. The property owned by Nadir Ali was zemindari share in Mahal Sher Ali in ...
Muhammad Yusuf and ors. Vs. Muhammad Shafi and ors.
Court: Allahabad
Decided on: Sep-04-1934
Reported in: AIR1934All1013; 153Ind.Cas.344
Collister, J.1. This appeal arises out of a suit under Section 92, Civil P.C, which was instituted by four Mahomedans, of whom two are Sunnis and two are Shias. It was alleged in the plaint that about a hundred years ago, one Allah Rakhu built an Imambara and made a public wakf of it and that the said Imambara has ever since that time been used by the Musalman public for religious purposes. It is stated in the plaint that Allah Rakhu appointed one Mohammad Ibrahim as the first mutwalli and that he subsequently appointed a man named Ghulam Husain. After the death of the founder, his daughter's son, by name, Abdul Rahim, appointed one Ahmad Ali as mutwalli by means of a document dated 10th June 1911, and on the death of Ahmad Ali he appointed the latter's brother Abdul Hamid and defendants 1 to 3, as mutwallis by means of a document dated 14th November 1913. Abdul Hamid died soon afterwards, but defendants 1-3 have continued upto this day to act as mutwallis of the dedicated property. It...
Mt. Powdhari Vs. Mt. Ram Sanwari and ors.
Court: Allahabad
Decided on: Sep-03-1934
Reported in: AIR1934All1004; 153Ind.Cas.195
ORDERSulaiman, C.J.1. In this case the applicant had filed an appeal in this High Court in forma pauperis. The case was put up before a Division Bench which made the following order: 'Let notice goto the respondents and also to the Government Advocate.' When after notices had been served the matter came up for disposal again, an objection was raised that counsel for the respondents and the Government Advocate could not show cause against the applicant being allowed to appeal as a pauper except in so far as the question of her pauperism was concerned. In view of some conflict of opinion the Division Bench has referred the following question to the Full Bench:Is it open to a Court, hearing an application under Order 44, Rule 1, Civil P.C., after issuing notice to the opposite party and the Government Advocate, to consider the question whether the decree appealed from is contrary to law or to some usage having the force of law or is otherwise erroneous or unjust, or is it precluded from d...
In Re: (Thirteen) Advocates
Court: Allahabad
Decided on: Sep-03-1934
Reported in: AIR1934All1067; 153Ind.Cas.667
ORDER1. The Advocates' Association has brought to the notice of the High Court two election manifestos circulated by two advocates of this Court among their fellow practitioners as part of election campaigns in connexion with the last Bar Council elections. 'With respect to one of these, contempt proceedings are already pending in this Court and we therefore refrain from expressing any opinion as to it at this stage. We take up for consideration the second manifesto as well as three manifestos issued by three other advocates which also have been brought to our notice, and also letters published in the Leader by eight other advocates, because there can be no suggestion that any of them amounts to a contempt of Court. It is a well recognized rule of etiquette in the legal profession that no attempt should be made to advertise oneself directly, or indirectly. Such a course of action tends to lower the dignity of the honourable profession and is undoubtedly akin to touting. It is for this ...
M. Maqbul Ahmad Vs. Mt. Fatma Bibi and ors.
Court: Allahabad
Decided on: Sep-03-1934
Reported in: AIR1935All81; 152Ind.Cas.199
1. This is a plaintiff's appeal and arises from a suit brought by him for recovery of Rs. 2,764-5 on certain allegations which will be presently mentioned. Both the lower Courts dismissed the suit in respect of some items on the preliminary ground that it is barred by Order 2, Rule 2, Civil P.C. It is said that the plaintiff might and ought to have included this part of his claim in the subject-matter of the previous action.2. The plaintiff and his deceased brother Nehal Ahmad were joint owners of certain properties which do not appear to have been divided. Nehal Ahmad died sometime before 24th November 1924, leaving a number of heirs, some of whom were minors. The plaintiff managed the entire property and all the affairs of the family on behalf of himself and the heirs of Nehal Ahmad. He instituted a suit on 30th August 1929, against the heirs of Nehal Ahmad for rendition of account. His case was that the disbursements being set off against the income which he received as manager on b...
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