Allahabad Court March 1935 Judgments
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Mt. Shah Jahan Begam Vs. Ghulam Rabani
Court: Allahabad
Decided on: Mar-27-1935
Reported in: AIR1935All738; 155Ind.Cas.1067
Ganga Nath, J.1. This is a defendant's appeal and arises out of a suit brought against her by the plaintiff. The parties entered into a compromise on which a decree was passed. The trial Court's order was:The parties have come to terms. Suit is decreed in the terms of the compromise which, shall be reproduced in the decree. Costs on, parties.2. Against this decree an appeal was filed under Order 43(m), Civil P.C., by the defendant. The chief grounds, taken by her in the memorandum of appeal were:(1) Because the learned Munsif was wrong, in not recording the so-called compromise and in not enquiring whether the compromise was acceptable to the appellant and (2) because the so-called compromise was effected without consent of the appellant and was not binding on her.3. The learned Subordinate Judge of Agra found that the trial Court had omitted to order the recording of the compromise but the compromise was, made with the consent of the appellant. The learned Subordinate Judge was of the...
Shiva Prasad Vs. Pahlad Singh
Court: Allahabad
Decided on: Mar-27-1935
Reported in: AIR1935All696
Sulaiman, C.J.1. This is an application in revision from orders passed by the First Subordinate Judge of Meerut. After deciding a civil suit the Munsif had made a complaint against the defendant in respect of suspected forgery committed by him and as also certain false statements made in the course of the suit, but had refused to make any complaint against the witnesses for the defendant. The defendant appealed to the District Judge in respect of the complaint made against him and the plaintiff filed appeals to that Court against the witnesses against whom no complaint had been made. The learned District Judge transferred all these appeals to the Court of the First Subordinate Judge to dispose of them. He declined to make any complaint against the witnesses and also directed the withdrawal of the complaint against the defendant. In revision the plaintiff-applicant prays that the orders be set aside as having passed without jurisdiction. No doubt inasmuch as the proceeding has arisen ou...
Syed Hakimullah Vs. Md. Samiullah
Court: Allahabad
Decided on: Mar-27-1935
Reported in: AIR1935All750a
Ganga Nath, J.1. Second Appeal No. 496 of 1933, has been heard and disposed of with this appeal. Both are defendants' appeals and arise out of two suits brought by the plaintiff-respondent against the defendants1 for an injunction requiring the defendants to cut away the branches of their trees overhanging over the plaintiff's, land. The defendants, contended that the branches of their trees had been overhanging over the plaintiff's land for more than 20 years, that they had acquired a prescriptive right and that the plaintiffs isuits were barred by time. Both the Courts have found against the defendants and have decreed the suits.2. There can be no customary easement under Section 18, Easements Act of 1882, of projecting the branches of trees growing on one's land over the land of another. No prescriptive right to keep the overhanging branches, on one's neighbour's land can be acquired by any number of years. This view is supported by Keshav Krishna v. Shankar Mahadeo 1925 Bom. 446 an...
(Firm) Naraindas Lachhmandas Vs. Dina Nath and ors.
Court: Allahabad
Decided on: Mar-27-1935
Reported in: AIR1935All767; 158Ind.Cas.43
Niamatullah, J.1. This is a reference-under Section 61(2), Stamp Act. The question is whether the document dated 15th July 1924 is only an agreement, as held by the Subordinate Judge, or a deed of dissolution of partnership within the meaning of Article 46-B, as maintained by the Chief Inspector of Stamps. Messrs. Dina Nath Hemraj, Messrs Naraindas Luchmandas and Messrs Dewanchand and Sons, all of Calcutta, entered into an. agreement with the East Indian Railway for the supply of castor seeds during the year 1923-24. In pursuance of that agreement they supplied from time to time castor seeds and received certain sums of money. Payments appear to have been made to all the three sets of suppliers. On 15th July 1924, they executed a deed reciting their agreement with the E.I. Railway, the fact that they had supplied castor seeds, the sums received by each and the amount found due to each on settlement of accounts being made between them. A certain sum was due from the E. I. Railway, and i...
Hafiz Mohd. Ibrahim Vs. Bhagwan Das
Court: Allahabad
Decided on: Mar-27-1935
Reported in: AIR1935All897
Sulaiman, C.J.1. This is a Letters Patent appeal arising out of certain objections raised by one of the judgment-debtors in the execution department. In 1915 two persons executed a simple mortgage-deed of a house in favour of Lalman. In 1922 a sale-deed of the equity of redemption was executed by the mortgagors who in 1924 purported to transfer their rights under the sale-deed to one Mt. Hyderi Begum. Some time after this one of the mortgagors died. A suit was brought for sale on the mortgage-deed in 1927 by one Sukh Ram, the representative of Lalman, against the surviving mortgagor and the heirs, of the deceased mortgagor, including the present appellant Ibrahim. The suit was brought almost at the close of the period of limitation. In the written statement an objection was taken that it was defective for non-joinder inasmuch as the transferee in whom the property had vested had been left out of the suit. Presumably because it would have been too late to implead her, no steps were take...
Jaddu Ahir and anr. Vs. Emperor
Court: Allahabad
Decided on: Mar-27-1935
Reported in: AIR1935All919
Harries, J.1. The appellant Jaddu was charged before the learned Sessions Judge of the Benares District with an offence under Section 302, Penal Code. He was convicted of an offence under that section and sentenced to death. The appellant Ghurbari was charged with abetment of the offence committed by the appellant Jaddu and he was found guilty, convicted and sentenced to transportation for life. Against these convictions and sentences each appellant has preferred an appeal to this Court and the record has also been forwarded to this Court for confirmation of the death sentence passed on the appellant Jaddu.2. The charge against Jaddu was that he together with one Kishun, who became an approver in the case, murdered one Zahur Khan at about a ghari before sunset on 7th April 1934, on the bank of the Ganges near the village Bargawan. The charge against Ghurbari was that he instigated and abetted the crime and that he was actually near the scene of crime when it was actually committed.3. T...
Hafiz Mohammad Ibrahim Vs. Bhagwan Das
Court: Allahabad
Decided on: Mar-27-1935
Reported in: 158Ind.Cas.885
Sulaiman, C.J.1. This is a Letters Patent appeal arising out of certain objections raised by one of the judgment-debtors in the execution department. In 1915 two persons executed a simple mortgage-deed of a house in favour of Lalman. In 1922 a sale-deed of the equity of redemption was executed by the mortgagors who in 1924 purported to transfer their rights under the sale-deed to one Musammat Hyderi Begum. Some time after this one of the mortgagors died. A suit was brought for sale on the mortgage deed in 1927 by one Sukh Earn, the representative of Lalman, against the surviving mortgagor and the heirs of the deceased mortgagor, including the present appellant Ibrahim. The suit was brought almost at the close of the period of limitation. In the written statement an objection was taken that it was defective for non-joinder inasmuch as the transferee in whom the property had vested had been left out of the suit. Presumably because it would have been too late to implead her, no steps were...
Kalp Nath Chand Vs. Samar Dhuj Chand
Court: Allahabad
Decided on: Mar-26-1935
Reported in: AIR1935All751; 155Ind.Cas.1097
Ganga Nath, J.1. This is a defendants' appeal and arises out of a suit brought against them by the plaintiff-respondent for a, declaration that he (the plaintiff) was the owner in possession of the plots of land described in the plaint and the trees thereon situated in Mauza Narainpur, Tappa Shahpur, and that the defendants had nothing, to do with them. The plaintiff's, case was that his predecessors-in-title were cosharens in the village and the land in dispute was allotted to the plaintiff's predecessors, in partition. The defendants have got their names entered in the revenue papers against the trees on the land in dispute.2. According to the plaintiff's case, the plaintiff's grandfather and his brother had a share in the village. The plaintiff's grandfather's brother sold his share to Murli Manohar from whom it descended to his widow Mt. Param Jot Kuari. After the sale the village was partitioned and the disputed plots were allotted to the share of Mt. Param Jot Kauri. As the plots...
B. Roshan Lal Goswala Vs. District Board and anr.
Court: Allahabad
Decided on: Mar-26-1935
Reported in: AIR1935All802; 158Ind.Cas.626
Bennet, J.1. This is a second appeal by a plaintiff whose suit has been dismissed by the lower appellate Court. The plaintiff was employed as secretary of the defendant District Board, and he claims for a declaration that the resolution of 16th October 1932 is void and that he has been wrongfully dismissed and that he is entitled to damages for wrongful dismissal, and he claims a large sum as damages made up of salary and leave allowances, etc. which, he would have received. The lower Court finds that after his services were terminated by a resolution of the board abolishing the post of secretary and the post of engineer and creating a combined post of secretary-engineer he received four months pay. The first question which arises is whether the appellant has any right of suit. As an abstract proposition of law such a right might arise in one of two ways; either by contract between the parties fixing the term's of service of the plaintiff or by statute fixing the terms of service of th...
Raza HusaIn and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-26-1935
Reported in: AIR1935All834
ORDERKendall, J.1. The facts from which this application has arisen are briefly as follows : Two persons filed a criminal complaint under Sections 403, 406 and 411, Penal Code, against the present applicants, Raza Husain and Ibn Hasan, who are father and son. The Sub-divisional Magistrate in whose Court the complaint was filed drew up a charge against both the applicants, but he was subsequently transferred without completing the trial of the case, and his successor transferred the case to a Bench of Magistrates having powers of the first class. The Bench recorded some further evidence for the prosecution and passed an order on 17-19 April 1934 which purported to be an order under Section 253 Criminal P.C. The complainants made an application in revision to the Sessions Judge on the ground that the accused should, on the evidence, not have been discharged, and the Sessions Judge after discussing the evidence in some detail passed an order in which he held that the dismissal of the comp...
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