Allahabad Court March 1936 Judgments
Gopal Das Agarwala Vs. L. Hari Kishan Das
Court: Allahabad
Decided on: Mar-27-1936
Reported in: AIR1936All514; 163Ind.Cas.919
ORDERBajpai, J.1. This is an application in revision by the plaintiff whose suit has been dismissed by the Court below. The facts may be briefly stated. Sometime towards the end of January 1934 the plaintiff and the defendant entered into a contract by which the latter was to supply 905 bags of Saharanpur chapati atah to the plaintiff in the month of February 1934 at the rate of Rs. 6-3 per bag. The defendant could supply only 151 bags, and thus there was a deficit in the supply of 754 bags. The plaintiff, therefore, brought a suit in the Small Cause-Court at Allahabad for the recovery of damages arising on the breach of the contract made by the defendant. The defence was that the Small Cause Court at Allahabad had no jurisdiction; that there was no breach of contract by the defendant and that the amount of damages was excessive. This case had had a chequered career, in the sense that the Small Cause Court at Allahabad tried this suit on 26th November 1934 and came to the conclusion th...
Tag this Judgment!(Firm) Kesla Mal Nand Kishore Vs. Cooper Allen and Co.
Court: Allahabad
Decided on: Mar-27-1936
Reported in: AIR1936All717; 165Ind.Cas.473
1. This is a first appeal by the plaintiff against a portion of his suit for damages which has been dismissed by the learned Additional District Judge of Cawnpore. The rest of the claim of the plaintiff has been decreed. The plaintiff is a firm Kesha Mal Nand Kishore, of Ambala Cantonment in the Punjab, and the defendant is a firm of tanners, Cooper Allen and Co., Cawnpore. The plaint sets out that there was a contract between the parties on 26th September 1930, which is printed on pp. 23 and 24, and that according to that contract, the plaintiff had to supply 41,000 maunds of good dry chopped babul bark to the defendant for his tannery at the rate of six panseries per rupee, and that certain quantities as follows were to be delivered during the months of October 1930 to 15th June 1931. The important part of the contract with which we are concerned is as follows:You agree to supply us with 41,000 (forty-one thousand) maunds good dry chopped Babul Bark of this season's cutting, delivere...
Tag this Judgment!Abdul Jabbar and anr. Vs. B. Onkar Nath
Court: Allahabad
Decided on: Mar-25-1936
Reported in: AIR1936All489
Niamatullah, J.1. This purports to be an application for revision under Section 115, Civil P.C., but it is really one under Section 75, Provincial Insolvency Act. The scope of a revision under the latter is much wider than that under the former. If the judgment of the Additional District Judge, who heard an appeal from the decision of the Court of first instance (Subordinate Judge, Ballia), had not been vitiated by the fact that he did not apply his mind to the merits of the case at all, our task would have been simpler. Sheo Ram, Jamuna Ram and Ganesh Ram were the members of a firm styled Gauri Ram, Mahadeo Ram, carrying on business at Rasra, District Ballia. They were dealers in grain and had transactions with a number of local firms. It is no longer in dispute that they were indebted to a number of creditors, including the applicants, Abdul Jabbar and Abdus Sattar, and to one Gauri Shanker, a member of the firm styled Gauri Shanker, Hira Lal. It is also not in dispute that a sum of ...
Tag this Judgment!Seth Kanhaiyalal Vs. Commissioner of Income-tax, C.P. and U.P.
Court: Allahabad
Decided on: Mar-25-1936
Reported in: [1937]5ITR739(All)
COLLISTER, J. - This is a reference under Sec. 66(2) of the Indian Income-tax Act. The assessee is a joint Hindu family living in Khurja in the Bulandshahr district, whose head and representative is one Seth Kanhaiya Lal. The assessment year is 1933-34. The assessee is a partner to the extent of a one third share in the firm of Messrs. Sadhoram Tularam at Calcutta. The Income-tax Officer of Calcutta found that this firm had paid Rs. 3,33,279 to its partners and he treated this as income of the firm; that is to say, no allowance was granted in respect to this sum. According to his calculations there was a profit of Rs. 1,33,039, but against this he set off a certain sum on account of depreciation and took into account certain other matters with which we are not concerned and ultimately he worked out a net loss to the firm of Rs. 5,434. He thereafter reported to the Income-tax Officer of Meerut that the assessees one third share amounted to Rs. 50,820, which sum was arrived at in the fol...
Tag this Judgment!Mt. Kulsum Bibi Vs. Shiam Sunder Lal and anr.
Court: Allahabad
Decided on: Mar-24-1936
Reported in: AIR1936All600
Rachhpal Singh, J.1. This is a First Appeal arising out of an order passed in execution proceedings. The facts of the case can briefly be stated as follows: On 26th August 1925, the decree-holder obtained a decree for Rs. 22,518, against one Habib Baksh and others. After the death of Habib Baksh the names of his widow Mt. Kulsum Bibi and some other persons were brought on record as his legal representatives. In execution of the aforesaid decree, some house property situate in Jhansi was attached. Mt. Kulsum Bibi, the widow of Habib Baksh, filed objections against the attachment. She alleged that on the first of February 1930' her husband Habib had made an oral gift under which the property in question was gifted to her in lieu of her dower, which amounted to a sum of Rs. 21,000, and that therefore the same was not liable to attachment. The decree-holder denied the allegations of Mt. Kulsum Bibi. The learned Subordinate Judge dismissed the objections of Mt. Kulsum Bibi on 28th February ...
Tag this Judgment!Sahu Makhan Lal Vs. Mufti Mohammad Tawassul Husain
Court: Allahabad
Decided on: Mar-24-1936
Reported in: AIR1936All628
1. This is a first appeal from a decision dated 10th March 1932, of an Assistant Collector of the First Class of the Bijnor District. The suit was one under Section 132, Agra Tenancy Act, for recovery of 'theka' money, with interest at 12 per cent per annum, for the years 1336, 1337 and 1338-F, the total amount claimed being Rs. 15,871. The learned Assistant Collector has decreed the plaintiff's claim for Rs. 8,948 with past interest at 12 per cent per annum, and future interest at 6 per cent per annum, and proportionate costs. The money was ordered to be paid in two equal instalments at intervals of six months. Against that decision the plaintiff has appealed. On 11th August 1928, the defendant-respondent, Mufti Mohammad Tawassul Husain, executed a usufructuary mortgage in respect of the properties concerned in favour of the plaintiff-appellant, Sahu Makhan Lal, for a sum of Rs. 1,45,000. On 24th August 1928, the mortgagor executed a qabuliat in favour of Sahu Makhan Lal, by which he ...
Tag this Judgment!British India Corporation Ltd. and ors. Vs. Robert Menzies
Court: Allahabad
Decided on: Mar-16-1936
Reported in: AIR1936All568
ORDER1. The broad question that arises for consideration in the present application in revision is whether a company Judge has jurisdiction to enforce compliance with the provisions of the Companies Act, though such power is not expressly conferred on the Judge by the provisions-of the Act. In particular the question for decision is whether a company Judge has jurisdiction to order a company tea deliver a copy of the register of the members of the company to a share-holder of the company. There is very little controversy about the facts. The opposite party Robert Menzies is a share-holder of the British India Corporation Ltd. He joined the Corporation in 1920 as a Secretary of the Corporation and in or about. March 1930 he was, in addition to his duties as Secretary, appointed to act as a Managing Director also. Mr. Menzies held the position of Secretary and Managing Director of the Corporation till April 1935 when he went on leave to England. During his absence on leave from India the...
Tag this Judgment!(Firm) Baboo Lal-bhagwan Das Vs. M. Purcell and ors.
Court: Allahabad
Decided on: Mar-13-1936
Reported in: AIR1936All869; 166Ind.Cas.280
ORDERNiamatullah, J.1. This is an application for revision against an order passed by the Judge, Small Cause Court, at Agra, dismissing the plaintiff-applicant's suit for recovery of a certain sum of money against the husband and decreeing it against the wife only. The wife has since died, and the only person now interested in this litigation is the husband, one Mr. Purcell. He is employed in the Bast Indian Bail-way, and was stationed at Tundla during the time to which the dealings in question in this case relate. It appears that, on the 2nd June 1934, Mrs. Purcell executed a document which is referred to by the lower Court as a promissory note. It recites that a sum of Rs. 600 was found due to the plaintiff in respect of grocery account from 10th October 1933 to 12th March 1934. It also mentions that the vouchers, under which, presumably, the grocery articles had been supplied by the plaintiff, were returned by him. Interest at the rate of 2 per cent. per mensem was stipulated in the...
Tag this Judgment!Gopal Devi Vs. Lachhmi Shankar and anr.
Court: Allahabad
Decided on: Mar-12-1936
Reported in: AIR1936All512; 163Ind.Cas.966
Bajpai, J.1. This is an appeal by the plaintiff whose suit has been dismissed by both the Courts below. The allegations on which she came to Court were that one Munshi Raghubar Dayal was the owner in possession of a certain house set forth at the foot of the plaint which house after death of Raghubar Dayal was inherited by his nephew Maheshri Dayal and after Maheshri Dayal's death Kishan Dayal became the owner of the same. Munshi Raghubar Dayal was a share-holder of the Peoples Industrial Bank and as he had not paid the entire amount due from him on account of those shares, after the death of Munshi Raghubar Dayal, Decree No. 8 of 1914 was passed by the Court of the District Judge of Allahabad against Kishan Dayal and Maheshri Dayal, heirs of Munshi Raghubar Dayal in respect of the amount due on account of the unpaid share money treating the said Kishan Dayal and Maheshri Dayal as contributories. In execution of the aforesaid decree an order for attachment of the said house was passed ...
Tag this Judgment!Murli and ors. Vs. Hanuman Prasad and anr.
Court: Allahabad
Decided on: Mar-12-1936
Reported in: AIR1936All520; 163Ind.Cas.877
1. This is a Letters Patent appeal by the defendants against the decree of the learned single Judge of this Court restoring the decree of the trial Court in favour of the plaintiffs. The plaintiffs brought a suit for damages caused to the working of their flour mills on the river Paisoni in Banda district by the raising of the height of a bund two miles further down the river for a similar mill by the defendants. The findings of fact of the lower appellate Court are that the defendants had raised the dam and sluices. 'it is proved by the evidence...that on account of accumulations of water near their blades plaintiffs' mills do not work properly' and that 'on account of raising of defendants' dam, water accumulated at the causeway,' and that by raising their dam the water below the plaintiffs' mill was raised 11 inches and plaintiffs would therefore lose about 23 per cent. of the available power and plaintiffs' mill would not work efficiently. The lower Court pointed out that plaintiff...
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