Allahabad Court February 1935 Judgments
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Bhagwan Dass Vs. Kashi Prasad and ors.
Court: Allahabad
Decided on: Feb-14-1935
Reported in: AIR1935All417; 157Ind.Cas.118
Niamatullah, J.1. This is an appeal by the defendant in a suit brought by the plaintiff-respondent for recovery of possession of certain property alleged to belong to him. The defence was that the plaintiff's suit was barred by limitation, as the defendant was an auction-purchaser in execution of a decree passed on foot of a mortgage made by the plaintiff's natural guardian, and as the suit had not been brought within three years after the plaintiff attained majority. Article 44, Limitation Act, was relied on. The lower appeal Court held that that article did not apply in the circumstances of this case. The property in dispute was purchased by the plaintiff's father, on whose death the plaintiff inherited it. During the latter's minority one Panna Lai and the plaintiff's mother executed a deed of simple mortgage in favour of one Ram Charan. The deed, on the face of it, affords no indication whatever that the property belonged to the plaintiff and that his mother acted as his guardian i...
A.P. Bagchi Vs. Mrs. F. Morgan
Court: Allahabad
Decided on: Feb-14-1935
Reported in: AIR1935All513
Niamatullah, J.1. This is an execution decree appeal arising out of certain objections taken by the appellant to the amount of decretal money payable by him. It appears that the appellant was defendant in a suit for ejectment from a house admittedly belonging to the respondent, who also claimed a certain sum as rent or compensation for use and occupation of the house. The suit was decreed together with a certain sum awarded to the plaintiff for rent and another sum for use and occupation of the house. The Court made some distinction between these two items. It is however not necessary to dilate upon it in these proceedings. The appellant applied to the Court stating the amount decreed to the plaintiff and the amount which he himself claimed under two heads: (1) payment of taxes to the Municipal Board and (2) expenses incurred fofir sundry repairs to the house. He claimed to be entitled to deduct the sums spent by him on both these accounts from the decretal amount for which the decree-...
Mt. Wasima and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-14-1935
Reported in: AIR1935All566
Kendall, J.1. The four appellants, Mt. Wasima, Juned, Shujat Ali and Hafiz Abdul Samad, have been convicted of offences as follows: Mt. Wasima under Section 366, Penal Code, and sentenced to three years' rigorous imprisonment, Juned under Section 368 and sentenced to five years' rigorous imprisonment, Shujat Ali under Section 419/109, and sentenced to 18 months' rigorous imprisonment and Abdul Samad under Section 420, Penal Code, and sentenced to five years' rigorous imprisonment and under Section 419, Penal Code, to two years' rigorous imprisonment. They have all appealed, and have been represented by counsel in this Court.2. The story for the prosecution, a large part of which is admitted to be true, is that Mt. Badarul Nissa came with her widowed mother, Mt. Miraim, some time after 1920 to the village of Bamhaur where the mother married Najib Khan. About 1930 when Mt. Badarul Nissa was about 12 years of age, one of the residents of the village, Siddiq, wished to marry his son Haidar...
Baqridi Mian and ors. Vs. Bhagwan DIn and ors.
Court: Allahabad
Decided on: Feb-14-1935
Reported in: AIR1935All608a; 157Ind.Cas.920
Bennet, J.1. This is a Letters Patent appeal by defendants against, a judgment of a learned Single Judge of this Court by which the suit of the plaintiff has been decreed with costs in all Courts. The lower appellate Court had directed that the plaint should be returned to the plaintiff for presentation to the proper Court on the finding that the suit lay in the Revenue Court. The plaint, set out that in 1915 Mt. Aulia Bibi, who was then the zamindar and lambardar, gave permission to the plaintiff to plant trees on the plot No. 598, having taken Rupees 50 as nazrana. I may note that actually it has been held by the lower appellate Court, that this plot was a grove of the zamindars formerly and in 1915 a mere written permission was given to the plaintiff to plant the trees and there were only three old trees left on it, at the time. The plaint set out that the plaintiff planted the trees and was recorded in the khasra for the grove as in possession although it was entered still as grove...
Mt. Swaraswati and anr. Vs. Wali
Court: Allahabad
Decided on: Feb-13-1935
Reported in: AIR1935All456; 157Ind.Cas.1017
ORDERNiamatullah, J.1. This is an application for revision of an order passed by the learned Munsif. West Allahabad, setting, aside an award made in a pending suit. The award was impugned by one of the parties on the ground that the arbitrator was guilty of misconduct. The lower Court upheld the objection set aside the award and superseded the arbitration. The only ground for revision is that the alleged misconduct attributed to the arbitrator is not a misconduct in law and that therefore, the lower Court had no jurisdiction to set aside the award.2. The ground on which the award was impugned was that the arbitrator made notes of evidence given in arbitration, proceedings, but did not file such notes, with the award, as he should have done under para. 10, Schedule 2, Civil P.C. It cannot be denied that according to the provisions contained in that paragraph, it was the duty of the arbitrator to have filed the notes of evidence, made by him in course of the arbitration proceedings. The ...
Municipal Board Vs. Krishna and Co.
Court: Allahabad
Decided on: Feb-13-1935
Reported in: AIR1935All760
1. This is an appeal by the Municipal Board of Benares arising out of a suit brought by the plaintiff company for refund of certain octroi duty charged from them on certain ceiling fans imported into the Municipal limits. The goods were detained at the barrier and were charged at the rate of six pies per rupee on their value. The plaintiffs paid the duty under protest and got their goods released. The plaintiff company has now instituted the suit in the Civil Court for refund of the octroi on the ground that the goods were not chargeable with octroi at all. The defendant inter alia pleaded that the Civil Court had no jurisdiction to entertain the suit. An issue on the question of jurisdiction was framed by the trial Court, but it was not seriously pressed on behalf of the defendant. The point was again raised in the grounds of appeal before the lower appellate Count, but the judgment of that Court does not suggest that the point was argued. Before a learned Judge of this Court in secon...
Bohra Hoti Lal Vs. Mithu Lal and ors.
Court: Allahabad
Decided on: Feb-12-1935
Reported in: AIR1935All421; 157Ind.Cas.675
Iqbal Ahmad, J.1. This is a plaintiff's appeal and arises out of a suit for sale on the basis of a mortgage-deed dated 11th December 1918. The mortgage was executed by Mithu Lal defendant 1 in favour of one Lachhmi Chand and was for a sum of Rs. 1,500. The agreed interest was at the rate of 10 annas per cent per mensem com-poundable with six-monthly rests. The debt was payable on the expiry of one year from the date of the execution of the mortgage-deed. But it was stipulated in the deed that:in the case of breach of covenant...and non-payment of a part or whole of the principal, interest and compound interest (the creditor) shall have the right to recover the amount due to him by filing a suit in Court....2. It is common ground that default was made in the payment of interest on the expiry of six months from the date of bond and that no portion of the mortgage debt was paid up to the date of t he suit. Hoti Lai, plaintiff T appellant, filed the suit on 10th December 1931, that is, wit...
Arjun and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-12-1935
Reported in: AIR1935All436; 157Ind.Cas.178
ORDERGanga Nath, J.1. This is an application in revision by Arjun and four others against their convictions and sentences under Sections 186 and 424. Penal Code, which were confirmed by the learned Additional Sessions Judge of Jaunpur. One Mt. Naurangi Kuar, wife of Ram Raj Singh had obtained a money decnee from the civil Court against Arjun cha-mar. She applied for its execution by attachment of Arjun's crops, which were standing in the field. A warrant, of attachment was issued to the Amin on 22nd February 1934 specifying certain plots, the crop of which was to be attached. The Amin was also authorised to attach any other property belonging to the judgment-debtor which may be pointed out by the decree-holder. In execution of this warrant the Amain attached the crop of the plots specified in the warrant and prepared an inventory, (Ex. B). The Amin appointed two Shiahanas to keep watch over the attached crop. On 27th February 1934. the Amin was ordered by the Court to reap and store th...
Hari Har Vs. Emperor
Court: Allahabad
Decided on: Feb-12-1935
Reported in: AIR1935All590; 157Ind.Cas.147
Kendall, J.1. The present appellant Harihar alias Paji has been convicted by the learned Sessions Judge of Mirzapur, of an offence under Section 376, Penal Code, and sentenced to two years rigorous imprisonment and ten stripes. The complaint Mt. Sumeria is a girl, who according to the Civil Surgeon's evidence, is between 12 or 14 years of age and is probably 13. The evidence as to age is not very definite. The Civil Surgeon has given no reasons for holding that she is likely to be either over or under 14, and the Judge-has said that he does not think the evidence on the record can be held to be sufficient to establish, that the girl is under 14. There is, however no suggestion whatever that the sexual intercourse, which has been proved if the direct evidence of the prosecution witnesses is accepted was with, the consent of the girl, so that the question of her exact age is not of vital importance.2. Her story is as follows: She had been to a big resorvoir to water her cattle and having...
Bhairon Singh and anr. Vs. P. Ganga NaraIn and anr.
Court: Allahabad
Decided on: Feb-11-1935
Reported in: AIR1935All527; 157Ind.Cas.693
Niamatullah, J.1. This is a defendant's appeal arising from a suit for sale of mortgaged property. The execution of the mortgage deed was denied by the defendant-appellants. The mortgagor, the mortgagee and all the attesting witnesses had died before the institution of the suit. The only evidence which the mortgagee produced to prove due execution, of the mortgage deed was that of the son of the mortgagee, who stated that:I was present at the time of the execution of the mortaage-deed. Ram Sundar and Ram Adhin Bajpai attested the deed. The scribe was Abdul Karim, petition writer. Ram Singh (executant) signed in my presence and that of the attesting witnesses.2. The witness also identified the signatures of the attesting witnesses: but he did not say that they had signed in his presence. It is argued that the evidence falls short of the requirement of Section 69, Evidence Act. The contention is that if no attesting witness can be found, it must be proved that the 'attestation' of one of...
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