Allahabad Court April 1937 Judgments
Firm Ganga Prasad - Ratan Vs. Secretary of State
Court: Allahabad
Decided on: Apr-30-1937
Reported in: AIR1937All642
ORDERCollister, J.1. The plaintiff-applicant sued the Secretary of State for India in Council through the Agent of the East Indian Railway for recovery of a sum of money. On 2nd February 1932 the applicant sent a consignment of 552 bundles of jaggery from Haidernagar Station to Agra Fort at the rate of 9 annas 4 pies per maund. This rate was entered in the railway receipt which was handed over to the applicant and the freight was calculated accordingly, but when the applicant went to take delivery at Agra Fort station, freight was demanded at the rate of 15 as 8 pies per maund. The applicant had to pay a sum of Rs. 122-7-0 before he could take delivery of this consignment of jaggery. The applicant claimed recovery of Rs. 122-7-0 plus Rs. 34-9-0 as interest by way of damages, plus Rs. 3 as costs of a notice, total Rs. 160. The case for the plaintiff-applicant was inter alia that since the railway company had entered into a contract with him through the booking clerk, who was an agent on...
Tag this Judgment!Mt. Lakhna Vs. Sahu Sita Ram and anr.
Court: Allahabad
Decided on: Apr-30-1937
Reported in: AIR1937All705
Harries, J.1. This is an appeal arising out of an interpleader suit. The subject matter of the dispute is a house which belonged to one Bhagwan Das, deceased. The tenant of the house is one Ishri and after the death of Bhagwan Das two persons laid claim to the rent of the house, viz. Mt. Lakhna, the present appellant, and Sahu Sita Ram, one of the respondents. Ishri finding himself in this position brought interpleader proceedings which were ultimately fought out between the two rival claimants to this rent. Bhagwan Das died leaving two sons Parsotam Das and Sita Ram. Parsotam Das died leaving surviving him, his widow the present appellant.2. On 18th May 1927 Bhagwan Das made a will. In that will he mentions the house in question in this case and states that the income derived from the house has been and is being spent by him on virtuous actions, charitable and religious purposes and pujapath of Sri Thakur Satnarayan Maharaj. Later in the will he mentions 'that he was greatly displease...
Tag this Judgment!Firm Ganga Prasad Ratan Vs. Secretary of State
Court: Allahabad
Decided on: Apr-30-1937
Reported in: 171Ind.Cas.937
ORDERCollister, J.1. The plaintiff-applicant sued the Secretary of State for India in Council through the Agent of the East India Railway for recovery of a sum of money. On February 2, 1932, the applicant sent a consignment of 552 bundles of jaggery from Haidernagar Station to Agra Port at the rate of 9 annas 4 pies per maund. This rate was entered in the railway receipt which was handed over to the applicant and the freight was calculated accordingly, but when the applicant went to take delivery at Agra Fort Station, freight was demanded at the rate of 15 annas 8 pies per maund. The applicant had to pay a sum of Rs. 122-7-0 before he could take delivery of this consignment of jaggery. The applicant claimed recovery of Rs. 122-7-0 plus Rs. 34-9-0 as interest by way of damages, plus Rs. 31 as costs of a notice, total Rs. 160. The case for the plaintiff-applicant was inter alia that since the Railway Company had entered into a contract with him through the booking clerk, who was an agent...
Tag this Judgment!Mool Chand Vs. Mt. Chahta Devi and anr.
Court: Allahabad
Decided on: Apr-30-1937
Reported in: AIR1937All605
ORDERSulaiman, C.J. and Bennet, J.1. This is a defendant's appeal arising out of a suit for recovery of possession of certain house properties. Originally part of the properties belonged to Diwan Singh who had four sons including Kanhaiya Lal. It is an admitted fact that after the death of Diwan Singh there was a partition among his four sons and Kanhaiya Lal with his branch got a distinct one-fourth share. It is also an admitted fact that there was no formal partition between Kanhaiya Lal and his sons or between his sons inter se. On Kanhaiya Lal's death, there were three sons, Jai Kuar Mal, Sant Lal and Sheo Singh. Of these Jai Kuar Mal died issueless and shortly after him Sant Lal died who left a widow and two daughters who are the present plaintiffs. Sheo Singh survived. The position then is that if Sant Lal was the last male owner, then on his death his property devolved on the present plaintiffs who are his daughters in spite of the fact that Sheo Singh survived him. On the other...
Tag this Judgment!Mt. Mahadei Kunwar Vs. Padarath Chaube and anr.
Court: Allahabad
Decided on: Apr-29-1937
Reported in: AIR1937All578
1. This is a plaintiff's appeal arising out of a suit for recovery of possession which on account of the importance of the question of law involved in the case has been referred to a Full Bench. Rambaran was the last male owner of 7.295 acres of land which he held at the time of his death. On his death his mother Mt. Sartaji succeeded to the property as a Hindu mother and was entitled to remain in possession of the property for her lifetime and could have made a transfer of it only for legal necessity. On the 14th April 1928 she executed a deed of gift of the entire lands in favour of her daughter's son Mahabir, defendant 1. The Court below has found that Mahabir entered into possession of the property; but it appears that mutation of names was not effected in the lifetime of Mt. Sartaji. She died in October 1931 and an application for mutation of names was made by Mahabir who was the applicant, which was resisted by the present appellant Mt. Mahadei Kunwar as the objector. Mahadei Kun...
Tag this Judgment!Chaudhri Raghubir Singh Vs. Mulchand and anr.
Court: Allahabad
Decided on: Apr-29-1937
Reported in: AIR1937All598
ORDERThom and Harries, JJ.1. This is a first appeal from the order of the learned civil Judge of Meerut in an application under Sections 5 and 30, Agriculturists' Belief Act. The decree-holder had obtained final decree for sale on the footing of his mortgage. The applicant thereafter presented an application under the Agriculturists' Relief Act praying that the rate of interest be reduced to 51/2 per cent, from 1st January 1930, onwards and for the conversion of the decree into an instalment decree extending over a period of 15 years. The learned civil Judge has reduced the rate of interest to 301/2 per cent, per annum simple until such date as this rate is superseded by new rate under the orders of the Local Government and directed that amount due under the decree be paid in ten annual instalments. The judgment-debtor has appealed against the order of the civil Judge. Learned Counsel for the respondents took the preliminary objection that so far as the order of the Court below related...
Tag this Judgment!ismail Vs. Firm Johri Mal-sital Prasad
Court: Allahabad
Decided on: Apr-29-1937
Reported in: AIR1937All652
ORDER1. Mohammad Ismail, the applicant in this case, was an objector in certain execution proceedings. He instituted a suit for the realization of the unpaid consideration under a mortgage bond and he obtained a preliminary decree upon an arbitration award for a sum of Rs. 2,000 odd. This decree was dated 7th February 1933. The opposite party thereafter obtained an ex parte decree for Rs. 700 odd against Mohammad Ismail, and in execution of his aforesaid decree he attached the preliminary decree of his judgment-debtor Mohammad Ismail. Subsequently the opposite party applied in the Court of the Munsif for preparation of a final decree in pursuance of the aforesaid preliminary decree of Mohammad Ismail. It was objected that a preliminary decree is not attachable, but that objection has been overruled by the Court below. Mohammad Ismail has come to this Court in revision and the same point is taken before us. On his behalf it is argued by learned Counsel that Section 60, Civil P.C., must ...
Tag this Judgment!Ankaraju Subbaraya Vs. Batuk Prasad
Court: Allahabad
Decided on: Apr-29-1937
Reported in: AIR1937All677
ORDERGanga Nath, J.1. This is an application in revision by Pt. Ankaraju Subbaraya against the order of the learned Sessions Judge of Benares setting aside the order of dismissal of the opposite party's (complainant's) complaint by the learned trial Magistrate and sending back the case for further enquiry into the complaint. A complaint was filed under Section 500, I.P.C., by Batuk Prasad against the applicant. Evidence was produced by the applicant and thereafter the learned trial Magistrate came to the conclusion that the complainant was not an aggrieved person and he could not file the complaint. The complaint was based on certain passages contained in a leaflet published by the applicant. In that leaflet a reference was made to the deception of the pilgrims by the Ganga Putras, 'who called themselves Brahmins'. Reference was also made to certain shashtras and shlokas therein which referred to the origin of the Ganga Putras. At another place a reference was made to Ganga Putras who ...
Tag this Judgment!Kushal Singh Vs. Ram Kishun Singh and ors.
Court: Allahabad
Decided on: Apr-28-1937
Reported in: AIR1937All706
Bajpai, J.1. This is an appeal by Kushal Singh who was a defendant in a suit for redemption. The mortgage which was sought to be redeemed was made by the plaintiff on 15th July 1930 and was for a sum of Rs. 400. On 26th November 1932, the plaintiff submitted an application under Section 83, T.P. Act, stating that the amount due to the defendant on the mortgage was Rs. 667-3-6, but by way of precaution the plaintiff was depositing a sum of Rs. 670 to the credit of the mortgagee, opposite party. Notice of this application was sent to the mortgagee and according to the process-server's report the notice was served on 13th January 1933. The mortgagee refused to withdraw the money with the result that the money remained in Court.2. On 25th November 1933 the plaintiff brought the present suit for redemption and it was pleaded by the defendant that the deposit made by the plaintiff under Section 83 was not a valid deposit and the plaintiff could seek redemption only if the entire amount payab...
Tag this Judgment!Ghulam Dastgir Vs. Mohammad AmIn (Suerty, Objector) and anr.
Court: Allahabad
Decided on: Apr-28-1937
Reported in: AIR1937All682
Harries, J.1. This is a decree, holder's second appeal against a decree of the lower Appellate Court confirming a decision of the Court of first instance allowing the objection of Mohammad Amin, one of the present respondents. The facts of the case can be shortly stated as follows : Ghulam Dastgir, the present appellant, instituted Suit No. 530 of 1933 against the respondent Mohammad Yunis for the recovery of Rs. 1,000 alleged to be due upon a promissory note. He applied for attachment before judgment and certain property of Mohammad Yunis was so attached. Mohammad Yunis desiring to have this property released agreed to furnish security and the respondent Mohammad Amin stood surety to the extent of Rs. 710 and eventually the property attached was released. The suit brought by Ghulam Dastgir was dismissed by the Court of first instance, but on appeal that decision was reversed and the plaintiff's claim decreed. The successful plaintiff thereupon applied to execute his decree to the exte...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »