Allahabad Court September 1936 Judgments
Jagat Ram and anr. Vs. Emperor
Court: Allahabad
Decided on: Sep-28-1936
Reported in: AIR1937All76; 166Ind.Cas.915
ORDERBennet, J.1. This is a reference by the learned Sessions Judge of Saharanpur in which he has suggested that this Court should set aside an order of commitment under Section 478, Criminal P.C., by the Small Cause Court Judge to the Sessions Court and should direct a Magistrate to proceed with an enquiry into the same matter. The facts are as follows. The Small Cause-Court Judge had a suit before him brought by Atma Earn against Jagat Ram on a bahi khata account and Jagat Earn pleaded payment and filed a receipt for Rs. 23 alleged to have been given to him by the plaintiff Atma Ram on 10th November 1934. He gave evidence in support, of this and so did his witness, Mela Singh, who stated that he had written the receipt. The Small Cause Court Judge considered that the receipt was a forgery and made a complaint under Section 476, Criminal P.C., against Jagat Earn and against Mela Singh and sent it to a First Class-Magistrate on 14th September 1935. On 16th December 1935, the Magistrate...
Tag this Judgment!Francis Hector Vs. Emperor
Court: Allahabad
Decided on: Sep-28-1936
Reported in: AIR1937All182; 167Ind.Cas.676
Niamatullah, J.1. This is an appeal by one Francis Hector, who has been convicted under Sections 376, 366-A, 368 and 363, I.P.C., by the learned Sessions Judge of Mirzapur. The girl concerned in the case is Mt. Atwaria, a Chamarin by caste. Her age, according to the prosecution, is less than 14, but that matter is highly controversial as will appear from the evidence to be discussed later on. For the rest the story for the prosecution is as follows:2. Mt. Atwaria is the daughter of one Sarju by his 'sagai' wife, Mt. Gauri. She was born in Santhal Parganas, where her parents had migrated to earn their livelihood. They were residents of Mirzapur which they visited off and on. They lived in Muhalla Purana Line. Mt. Atwaria was married to one Jethu, who is the adopted son of Thakuri. The latter was in the service of a clergyman as motor driver. Thakuri lived in his master's quarters in the Mission compound at Mirzapur. Sarju died over two years before the occurrence and Mt. Gauri, who was ...
Tag this Judgment!Har Kishan Das Vs. Emperor
Court: Allahabad
Decided on: Sep-25-1936
Reported in: AIR1937All127
ORDERBennet, J.1. This is an application in criminal revision on behalf of a complainant against the procedure adopted by a special Magistrate of Benares, Capt. Bijaya Prasad Singh, who acquitted the accused after having framed the charge sheet under Section 420, I.P.C., on the ground that the complainant and his witnesses were absent. The record shows that the charge sheet was framed on 7th May 1936 and on the charge sheet the Court noted : 'Pleads not guilty : will produce defence.' On the order sheet on that date it was directed that the case be put up for further cross-examination on 11th May 1936 and the complainant to bring his witnesses for further cross-examination. On 11th May the Magistrate recorded a brief order in English on the order sheet stating:Complainant and his witnesses have not arrived though I waited for more than an hour. The evidence which they had given cannot be taken into consideration unless they had given themselves for cross-examination. I therefore acquit...
Tag this Judgment!Jamoon Vs. Pt. Chakradhar Jayal Zamindar
Court: Allahabad
Decided on: Sep-23-1936
Reported in: AIR1937All9; 166Ind.Cas.540
1. These are appeals by defendants arising out of a suit brought by the plaintiff for a declaration under Section 123(a), Agra Tenancy Act, that certain leases in their favour are not binding on the plaintiff and that the defendants are merely statutory tenants and not permanent lessees. It appears that the former owner of this village had made a mortgage in. favour of the Delhi and London Bank, which brought a suit for sale on the basis of the mortgage-deed. A preliminary decree was obtained which was followed by a final decree on 23rd February 1918. While the decree was still pending for execution, the mortgagor, in the month of February 1922, granted a large number of permanent leases of lands which were part of the mortgaged properties. He accepted premiums from the lessees. Under these leases the lessees were empowered to use the lands in any way they liked in perpetuity, namely, either to cultivate them or even to build houses upon them. In the execution department apparently one...
Tag this Judgment!Nepal Rai and ors. Vs. Paras Ram Dube and ors.
Court: Allahabad
Decided on: Sep-21-1936
Reported in: AIR1937All16; 166Ind.Cas.766
Collister, J.1. This is a defendants' appeal which arises out of a suit to recover possession of five plots, Nos. 201, 285, 365, 289 and 346/2, in village Ghhapra Mansur in the District of Gorakhpur. The case for the plaintiffs, as set out in the plaint, may be briefly stated as follows:On 17th October 1911, a co-sharer named Kamta, who owned 19 pies in khata khewat No. 2, executed a usufructuary mortgage in respect of the plots in suit and other plots in favour of defendants 1 and 2 and the father of defendant 3. On 25th April 1928, Lalsa, the son of Kamta who by that time had died, sold the five plots in suit along with other plots to plaintiffs. 1 and 2 and the father of the remaining plaintiff's, leaving with the vendees the money required to pay off the mortgage-deed of 17th October 1911. The plaintiffs duly deposited this money in Court in favour of the defendants in accordance with the provisions of Section 83, T.P. Act; but the defendants refused to deliver possession of the pl...
Tag this Judgment!Mt. Mariam and anr. Vs. Mt. Amina and ors.
Court: Allahabad
Decided on: Sep-21-1936
Reported in: AIR1937All65
Sulaiman, C.J.1. This is an application in revision by Mt. Mariam and her. minor brother Latif Ahmad arising out of a suit in which there was a reference to arbitration and a decree in terms of the award. The suit had been brought by the applicants' step-mother Mt. Amina, who was a lunatic, through a next friend. The claim was for recovery of the dower debt due against her deceased husband Habib Ahmad, the father of the present applicants. She had impleaded Sagir Ahmad, her eldest step-son, also as a defendant and had impleaded Latif Ahmad, minor, under the guardianship of his elder brother. It has been assumed that the Court had duly appointed Sagir Ahmad as the guardian-ad-litem of the minor Latif Ahmad. On 22nd August 1934, an application for reference to arbitration was filed which was signed by Sagir Ahmad for himself and as pairokar of the defendants other than Sharif Ahmad, the son of Mt. Amina, who signed the application himself. It was also signed by the advocates for all the ...
Tag this Judgment!Musammat Gaindo Devi Vs. Shanti Swarup and ors.
Court: Allahabad
Decided on: Sep-19-1936
Reported in: 167Ind.Cas.657
1. This is an appeal by Musammat. Gaindo Devi, defendant No. 2, in a suit for specific performance of a contract for sale. The plaintiffs to the suit were Shanti Swarup and his two brothers. It was alleged in the plaint that Farid Pakhsh, defendant No. 1, entered into an agreement on his own behalf and on behalf of his sister Musammat Momina Bibi, for the sale of a shop in Ghaziabad for a sum of Rs. 8,150. Musammat Momina Bibi had 46 out of 173 sihams in the shop and Farid Baksh had the remaining 127 sihams. Out of the sale consideration a sum of Rs. 2,167 would be payable to Musammat Momina Bibi and the balance to Farid Bakhsh. According to the evidence of the plaintiff Shanti Swarup, the defendant Farid Bakhsh was indebted to Shanti Swarup and brothers on the basis of three promissory notes, and notice was given to Farid Bakhsh on June 8,-1932, to pay off the moneys due, under the promissory notes, and in that Connection tie deponent had to go several time's to the house of Farid Bak...
Tag this Judgment!Shyam Sundar Lal and anr. Vs. DIn Shah and ors.
Court: Allahabad
Decided on: Sep-18-1936
Reported in: AIR1937All10; 166Ind.Cas.812
1. This is a plaintiffs' appeal arising out of a suit brought for ejectment of the defendants from certain plots. The defendants pleaded that there was a patta or lease of the plots in dispute with power to the defendants and their heirs to plant grove and construct building's. The Assistant Collector dismissed the suit. An appeal was preferred to the District Judge who would have heard the appeal even if the suit had been filed in the Munsif's Court, and who was therefore competent under Section 269, Tenancy Act, to dispose of the appeal if the whole matter was before him. Pie upheld the decree of the trial Court. On appeal a learned Judge of this Court has come to the conclusion that the plaintiffs must fail because of the provisions of Section 53-A, T.P. Act, which has a retrospective effect.2. Now before the addition of this section it was held by a Full Bench of this Court in Ram Gopal v. Tulshi Ram : AIR1928All641 , that the doctrine of part performance applied in England had no ...
Tag this Judgment!Sheikh Farid Bakhsh Vs. Hargulal Singh
Court: Allahabad
Decided on: Sep-18-1936
Reported in: AIR1937All46; 166Ind.Cas.631
ORDER1. This is an application in revision by the defendant against whom a suit for the recovery of Rs. 179-8-0 has been decreed by the Small Cause Court Judge of Meerut. The suit was by one Hargulal Singh for the recovery of commission. It was alleged in the plaint that in the month of June 1932 the defendant had engaged the plaintiff as his agent and had requested the plaintiff that he should find put a purchaser for the defendant's shop and settle the sale thereof. The plaintiff then went on to say that he arranged for the sale of the defendant's shop with Shanti Sarup and others, and on 15th July 1932 earnest money was paid by Shanti Sarup to the defendant. In support of his contention the plaintiff filed a letter said to have been sent by Farid Bakhsh to the plaintiff on 14th July 1932. In the Court below it was alleged on behalf of the defendant that the letter was a forgery. The learned Judge of the Court below has come to the conclusion that the-letter was a genuine letter and ...
Tag this Judgment!Mt. Gaindo Devi Vs. Shanti Swarup and ors.
Court: Allahabad
Decided on: Sep-18-1936
Reported in: AIR1937All161
1. This is an appeal by Mt. Gaindo Devi, defendant 2, in a suit for specific performance of a contract for sale. The plaintiffs to the suit were Shanti Swarup and his two brothers. It was alleged in the plaint that Farid Bakhsh, defendant 1, entered into an agreement on his own behalf and on behalf of his sister, Mt. Momina Bibi, for the sale of a shop in Ghaziabad for a sum of Rupees 8,150. Mt. Momina Bibi had 46 out of 173 sihams in the shop and Farid Bakhsh had the remaining 127 sihams. Out of the sale consideration a sum of Rs. 2,167 would be payable to Mt. Momina Bibi and the balance to Farid Bakhsh. According to the evidence of the plaintiff Shanti Swarup, the defendant Farid Bakhsh was indebted to Shanti Swarup and brothers on the basis of three promissory notes, and a notice was given to Farid Bakhsh on 8th June 1932 to pay off the moneys due under the promissory notes, and in that connection the deponent had to go several times to the house of Farid Bakhsh, when it was propose...
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