Allahabad Court October 1935 Judgments
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Emperor Vs. NaraIn Das
Court: Allahabad
Decided on: Oct-11-1935
Reported in: AIR1936All105
Niamatullah, J.1. This is an appeal. on behalf of the Local Government from an order passed by the learned Sessions. Judge, Aligarh, in appeal from an order passed by a Magistrate of that District, convicting the respondent Narain Das of an offence under Section 182, Penal Code. One Bed Ram made a report at the Police Station, Hathras, on 16th June 1934, charging Narain Das with the offence of cheating. Sub-Inspector Hukum Singh was deputed to investigate the case and . went to search the house of Narain Das in that connexion. Subsequently Narain Das who was dissatisfied, in some respects, with the action of Hukum Singh, sent a. petition by post to the Deputy Inspector-General of Police who has his headquarters at Agra, complaining that the Sub-Inspector had in the course of the search, taken possession of eight sovereigns and had given a receipt therefor. It was alleged that subsequently the Sub-Inspector misappropriated the sovereigns.2. The Deputy Inspector-General made an . investi...
Haji Mohammad Abdul Aziz Khan Vs. Mahbub Singh and ors.
Court: Allahabad
Decided on: Oct-11-1935
Reported in: AIR1936All202
1. This is a first appeal by defendant 1, Haji Mohammad Abdul Aziz Khan, who claims that he is the mutawali of a wakf to which the property in dispute belongs. He appeals against a decree of the Additional Subordinate Judge of Muzaffarnagar, Mr. Nand Lal Singh, who granted the claim of the Hindu plaintiff's to succeed as reversioners of the last male holder, Chaudhri Mangal Singh, Jat zemindar of mauza Begharaz-pur in Muzaffarnagar District. The five plaintiffs are the sons of three brothers of Chaudhri Mangal Singh who predeceased him. He died on 29th October 1928, at the house of the appellant, where he had stayed for a month during his last illness. The plaint sets out in para. 5 that defendant 1 appellant, a Muslim, exerted undue influence on Chaudhri Mangal Singh, and,brought to his residence the District Magistrate of Muzaffarnagar through the Civil Surgeon of that place and presented to him some document, and having put into the mouth of the said Chaudhri what he liked, made him...
Ram Prasad and anr. Vs. (Babu) Krishnanand Singh Shaila and ors.
Court: Allahabad
Decided on: Oct-11-1935
Reported in: AIR1936All221; 159Ind.Cas.802
ORDER1. This is a report made by the Stamp Reporter about Court-fees. There is an appeal in this Court arising out of a suit for partition. In the original Court it was held that two of the plaintiffs appellants each had a share of l/6th in the property and that the rest of the property belonged in equal shares to their father and mother and two half-brothers, i.e., that there were six persons who were each to receive equal shares in the property. It was also found that the property was charged with a sum of Rs. 5,000 to meet the marriage expenses of two of the plaintiffs' sisters. From that decree there was an appeal by four of the plaintiffs. There were two main contentions. One was that plaintiffs 3 and 4 also had a share in the property. If that was found to be true, the result would be that there would be 8 persons, each having equal shares and each of the plaintiffs-appellants would have a share of 1/8th, that is, that they would have a share of one-half between them. The other c...
Bhawani Pathak and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-10-1935
Reported in: AIR1936All253
Collister, J.1. Bhawani Pathak has been convicted under Section 366, Section 344 read with Section 109 and Section 342, I.P.C. Sarju Prasad has been convicted under Sections 344 and 368, I.P.C., and Ram Chandra Prasad has been convicted under Section 366 and Section 342, I.P.C. The appellants have each been sentenced to three years' E.I. There was an institution at Gorakhpur which was known as the Abla Ashram, which was ostensibly a philanthrophie establishment and its avowed object was to shelter and rescue girls and women of all ages who were adrift in the world and in need of succour. Sarju Prasad was employed as munshi at the Ashram and Bhawani Pathak was a chaprasi attached to it. The prosecution alleges that, however laudable the intention of the original founders of this Ashram may have been, it had become to all intents and purposes a sort of exchange bureau for the purpose of supplying girls of a marriageable age to the Punjab and Sind; and it is alleged that the Ashram employ...
inayat Khan Vs. Harbans Lal
Court: Allahabad
Decided on: Oct-09-1935
Reported in: AIR1936All9
Niamatullah, J.1. This is an appeal under Order 43, Rule 1(m), Civil P.C., from. an order passed by the learned Subordinate Judge, Meerut. The plaintiff-respondent obtained a preliminary decree for sale in a suit on mortgage. The mortgagor was directed to pay Rs. 12,881-4-0-within six months from the date of the.-. preliminary decree, the 22nd of May 1930. An appeal from this decree to this Court was dismissed. The mortgagee applied for a final decree under Order 34, Rule 5 Civil P.C. He alleged that no payment, had been made in Court, as directed by the preliminary decree. The mortgagor the appellant before us, objected, by a, petition dated 26th August 1933, on the allegation that after the dismissal. of the appeal by the High Court a settlement was arrived at between the parties that, if Rs. 8,000 were paid by the mortgagor immediately and a sum of Rupees. 4,000 were paid in two instalments by the months of June 1934, the entire mortgage money would be taken to have been satisfied, ...
Bindeshri Prasad and ors. Vs. Panchayati Akhara Maha Nirbani Goshain
Court: Allahabad
Decided on: Oct-09-1935
Reported in: AIR1936All169
1. This is a defendant's-appeal arising out of a suit for sale on the basis of a mortgage-deed dated 8th October 1928, for Rs. 5,600, payable in five years, executed by Bindeshri Prasad in favour of the plaintiff, Panchayati Akhara. The document carried interest at annas 14 per cent per mensem, and also provided that if the mortgagor did not pay the interest within the stipulated period of five years, the mortgagee was entitled to realize the entire amount of the mortgage debt, either within the stipulated period, or after the. stipulated time. The present suit was instituted on 11th October 1932, and there was a clear allegation in the plaint that the mortgagor had not paid the interest as agreed upon.2. The claim was resisted by defendant 1, the mortgagor, on the ground that the suit was premature, and further on the ground that the executant had not made his signature on the deed in the presence of the marginal witnesses of the document in suit, and that the completion and the execu...
Mt. Rashida Khatun and ors. Vs. Mt. Faiyaz Bibi and ors.
Court: Allahabad
Decided on: Oct-09-1935
Reported in: AIR1936All216; 159Ind.Cas.727
ORDERBennet, J.1. This is a reference by the Taxing Officer of a question as to what is the correct court-fee to be paid by the appellants on F. A. No. 366 of 1932. The appellants are defendants. The plaintiff brought a suit asking for separate possession of a certain share, 10-45 sehams of the property in dispute by partition. The defendant claimed to be in possession of the property as mutawalli under a wakfnama. The trial Court found that the alleged wakf was not valid and grant-ed a decree to the plaintiff for separate possession. The appellant in appeal asks that that decree should be set aside. He claims that it will be sufficient if he gets a declaration that the wakf is valid. The relief however in his appeal is that the decree of the Court below should be set aside and the plaintiff's suit should be dismissed. The appellant therefore is in the position of a defendant against whom a decree for possession has been granted and he asks that that decree for possession should be set...
Benares Bank Ltd. Vs. Dip Chand and anr.
Court: Allahabad
Decided on: Oct-03-1935
Reported in: AIR1936All172
1. The action which has given rise to this appeal was brought by the Benares Bank, Ltd., Saharanpur, for the recovery of a sum of Rs. 6,268-4-0 due as principal and interest on a promissory note, dated 28th April 1927. The defendants to the suit were Dip Chand and Kirat Chand. The Court below has given a decree against Kirat Chand but has dismissed the plaintiff's suit against Dip Chand. The Bank has appealed and is represented by counsel. We have not had the advantage of hearing the respondent Dip Chand in this case, in the sense that counsel who appeared for him informed us that they had no instructions in the case. Mr. Dar on behalf of the appellant has taken us very fairly through the entire record and has placed the case for the appellant as well as the respondent.2. The facts are that Kirat Chand was appointed a guardian to the person and property of Dip Chand minor and he acted as such guardian from 22nd May 1926, to 19th September 1928, when the natural mother, Mt. Bugli Kunwar...
Khudawand Karim Khalesan-fi-sabil Allah and anr. Vs. (Babu) Narendra N ...
Court: Allahabad
Decided on: Oct-03-1935
Reported in: AIR1936All258
Allsop, J.1. This is a second appeal against an appellate decree passed by the learned District Judge of Bareilly. The appellant as described upon the record is the Almighty through Mt. Kaniz Fatma and Mt. Fakhr-un-nisa, but it is admitted that we may treat the appeal as having been instituted by the two ladies in their capacity as mutawallis of a wakf. It is the result of a suit for contribution arising out of a deed of mortgage executed in the year 1917 by Mt. Imtiaz Begam, Zia-ud-din and Pazal Ahmad in favour of Nand Ram. Zia-uddin was the son and Fazal Ahmad the brother of Mt. Imitiaz Begam. The property mortgaged consisted of a shop and a house belonging to this lady and a shop and a house belonging to Fazal Ahmad. Nand Ram instituted a suit on the basis of the mortgage. Fazal Ahmad set up the plea that he had signed the deed merely to accommodate the other mortgagors and that he was to be treated merely as a surety for them. The learned Subordinate Judge who decided the suit was ...
Lachhman Das and anr. Vs. Mt. Gulab Devi and ors.
Court: Allahabad
Decided on: Oct-03-1935
Reported in: AIR1936All270
Allsop, J.1. This appeal arises out of a suit which was decided by the learned Subordinate Judge of Aligarh. It was a suit instituted by Mt. Gulab Devi for the partition of certain property of which the details are set forth in Schs. A, B and C of the plaint. The plaintiff alleged that she had inherited a share in this property from her deceased husband, Ram Chandar, under a will executed by him on 19th November 1918. She impleaded as defendants Lachhman Das, Rameshwar Das, Nathu and seven other persons. According to her Lachhman Das and Rameshwar Das were joint owners of the property with her husband. She impleaded Nathu because he was Rameshwar's son and the other seven persons because they were transferees of parts of the property under deeds which were executed after the death of Ram Chandar. The property in suit included interests created by three simple deeds of mortgage respectively dated 19th February 1920, (item 1 of Schedule B), 5th November 1919, (item 2, Schedule B), and 11...
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