Allahabad Court February 1935 Judgments
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Shander or Shanker and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-11-1935
Reported in: AIR1935All552; 155Ind.Cas.185
ORDERKendall, J.1. The present applicants have been convicted by a First Class Magistrate of Agra, of an offence under Section 188, Penal Code, and that order has been maintained by the lower appellate. Court. The facts briefly are that the applicants were caught throwing bricks at the houses of theiir neighbours. There were eleven of them, and at this period the relations between the Hindus and Mahomedans of Agra City, were very strained, and consequently a notice had been promulgated under Section 144, Criminal P.C., preventing the members, of the public when frequenting1 or visiting certain places within the 'Municipal area, from collecting bricks, carrying sticks, etc., or missiles and gathering in public places, etc. A number of arguments have been addressed to me in support of the present application for revision, but they are of a purely argumentative description.2. It has been said that as the notice-under Section 144 was addressed to the 'public when frequenting or visiting' t...
Sheonandan Vs. Emperor
Court: Allahabad
Decided on: Feb-11-1935
Reported in: AIR1935All597; 155Ind.Cas.492
ORDERKendall, J.1. This application is made against a conviction under Section 60(a), U.T. Excise Act of 1910. The circumstances of the case are somewhat, peculiar. A raiding party went to the house of the applicant and searched it, and found that he had in his possession one bottle of liquor. There was also a, small quantity of liquor in a tin and it is said that the applicant himself snick of liquor. He was therefore prosecuted under the Act, and was charged by the Magistrate in the following words:That you on or about August 11, 1934 in your house were found in possession of country liquor seven bottles (1 gallon plus one bottle) in contravention of Rule 89(a) of the Excise Act.2. Evidence was brought by the prosecution to prove that the applicant had purchased from Namdeo that day liquor amounting to one gallon in a tin, and it was also in evidence that a tin was found in his house which appeared to contain the remains of some liquor. The case for the prosecution, as it appears fro...
Kapildev Malaviya and ors. Vs. Chief Justice and Judges of the High Co ...
Court: Allahabad
Decided on: Feb-11-1935
Reported in: AIR1935All811
Sulaiman, C.J.1. This is an application for leave to appeal to His Majesty in Council from an order convicting the applicants, an Advocate and Editor and a Printer and Publisher of the offence of contempt of Court, and sentencing the advocate to a fine of Rs. 150 and ordering each of the three persons to pay Rs. 100 as costs. The offence is found to have been committed on account of the publication of an article by him headed 'A scandalous citation' in the Leader. The counsel for the applicant contends that his application for leave falls under Section 109, Civil P.C., and urges before us that the order of the High Court has been passed in the exercise of its civil jurisdiction, particularly as the original notice issued to him was headed 'Civil Side Revisional Jurisdiction.'2. The learned Government Advocate takes preliminary objection that no application for leave to appeal lies inasmuch as : (1) contempt is a criminal matter and the punishment is in the exercise of the criminal juri...
Mr. Kaplideva Malviya and Ors. Vs. the Hon'ble the Chief Justice and t ...
Court: Allahabad
Decided on: Feb-11-1935
Reported in: 155Ind.Cas.188
1. This is an application for leave to appeal to His Majesty in Council from an order convicting the applicants, an Advocate and editor and a printer and publisher of the offence of contempt of Court and sentencing the Advocate to a fine of Rs. 10 and ordering each of the three persons to pay Rs. 100 as costs. The offence is found to have been committed on account of the publication of an article by him headed 'A Scandalous Situation' in the Leader. The learned Counsel for the applicant contends that his application for leave falls under Section 109, Civil Procedure Code, and urges before us that the order of the High Court has been passed in the exercise of its civil jurisdiction, particularly as the original notice issued to him was headed 'Civil Side Revisional Jurisdiction.' The learned Government Advocate takes preliminary objection, that no application for leave to appeal lies inasmuch as (1) contempt is a criminal matter and the punishment is in the exercise of the criminal juri...
Dharup Raj Misir and anr. Vs. Ram Audhesh Misir and ors.
Court: Allahabad
Decided on: Feb-07-1935
Reported in: AIR1935All452; 157Ind.Cas.928
Ganga Nath, J.1. This is a plaintiff's appeal and arises out of a suit brought by them against the defendants-respondents for a declaration that decree No, 225 of 1930 of the Court of the Additional Munsif of Jaunpur, dated 17th December 1930, was not binding on them. The property which was in dispute in suit No. 225 of 1930, in which the decree in, dispute was passed had been purchased by the father of the defendant Ram Audhesh for Rs. 200 in 1904 in his own name. A suit was brought by Ram Audesh against the father of the plaintiffs for a declaration that the property in dispute belonged to him (Ram Audesh) and that the defendants had no right in it. The parties referred the suit to one Shubkaran and the decree was passed on the statement of the referee (Shubkaran). The plaintiffs brought this suit on the allegation that their father was under the influence of bhang as well as in a fit of anger and was incapable of understanding his affairs when he referred the suit to Shubkaran. The ...
Ram Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-07-1935
Reported in: 156Ind.Cas.961
ORDERKendall, J.1. The applicants in the case from which the present application arises were convicted by a Magistrate of offences under Sections 326 and 323 of the Indian Penal Code and have been sentenced to short terms of imprisonment and those convictions and sentences have been upheld by the learned Sessions Judge sitting at Muttra. It has been urged by Mr. Pearey Lal Banerji in support of the application that the findings of the lower Appellate. Court are based on its decisions on questions of title which have been negatived by a subsequent decision of the Revenue Court. The evidence relating to title is discussed at considerable length in the judgment of the Sessions Judge who was betrayed into a very long argument on this question, but the matter before him was a comparatively simple one. Certain plots which had been in the holding of one Murli and of which the sub-tenant had been Aidal Singh were the subject of this dispute. The landholder Bharat Singh had obtained a decree fo...
Mohammad Yar Khan Vs. Puran Pershad
Court: Allahabad
Decided on: Feb-06-1935
Reported in: AIR1935All416; 157Ind.Cas.47
Niamatullah, J.1. These two connected appeals arise from two applications made by the respondent under the Insolvency Act, for an order adjudging the appellants as insolvents. He claims to be a creditor under a promissory note, dated 15th May 1929, said to have been executed by the two appellants. The latter executed a sale-deed on 9th September 1931, in favour of their wives in lieu of their dower debts. Thereupon the respondent made two applications one against each of the appellants on the same date for the insolvency of the two debtors who are brothers. The respondent was absent on the day the case was taken up by the Court of first instance, which dismissed the application not for non-appearance, but on the merits. The respondent preferred an appeal in the Court of the District Judge, Moradabad who reversed the order of the first Court and adjudicated the appellants as insolvents. The present appeals are from the order of the District Judge.2. It is argued that, in the absence of ...
Gulab Singh Vs. Emperor
Court: Allahabad
Decided on: Feb-06-1935
Reported in: AIR1935All458a; 158Ind.Cas.38
Kendall, J.1. The appellant Gulab Singh. has been convicted by the learned Additional Sessions Judge of Aligarh of offences under Sections 458 and 459 Penal Code, and sentenced to concurrent terms of three years rigorous imprisonment under those sections. He has appealed from jail, and the appeal has been, admitted on the ground that there appears to have been some irregularity by the Court in altering the charges which were originally framed under Sections 395 and 307, Penal Code, to charges under Section 459, Penal Code, without explaining the altered charges to the accused or giving him an opportunity of meeting them, or giving the assessors an opportunity of expressing their opinion in regard to the altered charges.2. If the learned Additional Sessions Judge had in fact altered the charge so as to make it one of an offence different in nature from that set out in the original charge sheet I am of opinion that the Court would have had no jurisdiction to convict the appellant without...
Lal Girwar Lal Vs. Dau Dayal
Court: Allahabad
Decided on: Feb-06-1935
Reported in: AIR1935All509; 158Ind.Cas.197
Sulaiman, C.J.1. This is a plaintiff's appeal arising out of a suit far recovery of RS. 700 with interest and costs, stated to have been borrowed by the defendant from the plaintiff and to be payable on demand. The plaint asserted that:after taking the loan, the defendant made over two writings to the plaintiff for his satisfaction which are hereto annexed.2. The plaintiff filed a document purporting to be a promissory note attested by witnesses and a receipt of the same date. The defendant denied that he had executed any promissory mote in favour of the plaintiff and pleaded that the document filed by the plaintiff had been obtained from him by practising fraud, and also denied the passing of any consideration. The plaintiff led evidence in the first instance and the defendant produced rebutting evidence. The lower appellate Court has disbelieved the plaintiff's evidence and has also considered that the defendant's witnesses are not worthy of belief. As the plaintiff failed to prove t...
Baqa Ullah Khan and ors. Vs. Ghulam Siddique Khan and ors.
Court: Allahabad
Decided on: Feb-06-1935
Reported in: AIR1935All616; 155Ind.Cas.416
1. One Wilayat Husain Khan executed a deed of wakf on 28th April 1925, and the sole question for consideration in the present appeal is whether by that deed a valid wakf was created in accordance with the provisions of the Mussalman Wakf Validating Act (Act 6 of 1913), and on the answer to that question depends the decision of this appeal. After the-execution of the deed of wakf Wilayat Husain on 10th August 1925, filed a suit for the revocation and cancellation of the deed and in the alternative for the rectification of the same. The suit was based mainly on the allegation that the execution of the deed. was brought about by the exercise of undue influence on Wilayat Husain by Ghulam Siddique Khan, one of the defendants-respondents, and that as, there was no ultimate dedication by the deed in favour of the poor or for some pious, religious or charitable purpose, as enjoined by the proviso to Section 3, Wakf Validating Act, the wakf was invalid. It was further stated in the plaint that...
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