Allahabad Court April 1937 Judgments
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Secretary of State for India in Council Vs. Musammat Basti Begam
Court: Allahabad
Decided on: Apr-28-1937
Reported in: 172Ind.Cas.695
Iqbal Ahmad, J.1. This appeal arises out of a suit that was the outcome of a tragic event that took place in the railway station yard of Aligarh on April 6, 1932, because of the gross negligence of the servants of the defendant-appellant. There was a wooden foot bridge across the railway line close to the railway station. One Nasar Ullah who was the only son of Musammat, Basti Begam plaintiff-respondent, was passing over the bridge when the his of a crane crashed against the bridge with the result that the bridge fell down. Nasar Ullah received serious injuries as a result of which he died the same day, viz., on April 6. The plaintiff-respondent is a pardanashin lady of about 60 years of age and was dependent for her maintenance on Nasar Ullah who, according to the findings of the Courts below, was employed in some office on a monthly salary of Rs. 10-8.2. The plaintiff-respondent brought a suit in forma pauperis against the appellant for recovery of Rs. 5,000 as damages. The appellant...
Subedar Major Thakur Hans Ram Singh and ors. Vs. L. Kishori Lal
Court: Allahabad
Decided on: Apr-27-1937
Reported in: AIR1937All689
Iqbal Ahmad, J.1. This is a defendants' appeal and arises out of a suit for declaration of right to and for possession of a double storeyed shop. The facts that led to the suit are shortly as follows : On 18th September 1926 Hans Ram, defendant 1, sold six shops to L. Kishori Lal, plaintiff for Rs. 10,000. One of the shops which is the subject of dispute in the present litigation, had been, before the date of the sale deed, mortgaged by conditional sale to Prem Lal, defendant 2, After the sale, Kishori Lal did not get possession over the shop in dispute and then on 22nd December 1926, he filed a suit against Hans Ram and Prem Lal for possession of the shop. During the pendency of that suit Hans Ram in the year 1927 filed a suit for cancellation of the sale deed of September 1926. Both the suits were decided by the trial Court on one and the same date, viz. on 12th May 1927. That Court decreed Hans Ram's suit for cancellation of the sale deed and dismissed Kishori Lal's suit for possess...
Pt. Krishna Kant Malaviya Vs. Lala Amarnath and ors.
Court: Allahabad
Decided on: Apr-23-1937
Reported in: AIR1937All566
ORDER1. This is an application for leave to appeal to His Majesty in Council. A second appeal which was tentatively valued at Rs. 3,000 was filed in this Court in 1935. Under Order 41, Rule 10, Proviso (which has been added by this Court), the appellant was called upon to furnish security for the costs of the appeal. He failed to furnish the security within the required time and the appeal had to be rejected under Sub-rule (3) made by this Court, and was therefore dismissed for want of prosecution on 5th November 1936. On 4th December 1936 an application was made for the restoration of the appeal on the ground that the appellant had not sufficient information of the time allowed. This application for restoration was also dismissed on 4th January 1937 by the same Bench. On 3rd February 1937 the present application was filed for leave to appeal from the last order dated 4th January 1937. It does not purport to be an application for leave to appeal from the order dated 5th November 1936, ...
Munshi Bishun Lal Vs. Lala Banwari Lal and ors.
Court: Allahabad
Decided on: Apr-22-1937
Reported in: AIR1937All724
Harries, J.1. This is a plaintiff's appeal against a decree of the lower Appellate Court allowing an appeal from a decree of the Court of first instance which was passed in favour of the plaintiff. The suit out of which this appeal arises was brought by the plaintiff for redemption of certain property. The Court of first instance decreed the plaintiff's claim for redemption of the property in suit on payment of Rs. 573 to defendants 1 and 2 within three months of the order. On appeal, the learned Civil Judge reversed the decision of the learned Munsif and dismissed the plaintiff's claim in its entirety. It is against this decree that the present second appeal has been preferred.2. On 10th November 1932 Mt. Kishen Piari executed a deed in favour of Mathura Prasad and others. Ostensibly the deed is a sale deed of a house for which the consideration is stated to be Rs. 550. There is, in this sale deed, a term that if the consideration is paid by the executant or her heirs and representati...
Munshi Bishen Lal Vs. Lala Banwari Lal and ors.
Court: Allahabad
Decided on: Apr-22-1937
Reported in: 171Ind.Cas.802
Harries, J.1. This is a plaintiff's appeal against a decree of the lower Appellate Court allowing an appeal from a decree of the Court of first instance which was passed in favour of the plaintiff. The suit out of which this appeal arises was brought by the plaintiff for redemption of certain property. The Court of first instance decreed the plaintiff's claim for redemption of the property in suit on payment of Rs. 573 to defendants Nos. 1 and 2 within three months of the order. On appeal, the learned Civil Judge reversed the decision of the learned Munsif and dismissed the plaintiff's claim in its entirety. It is against this decree that the present second appeal has been preferred.2. On November 10, 1932, Musammat Kishen Piari executed a deed in favour of Mathura Prasad and others. Ostensibly the deed is a sale-deed of a house for which the consideration is stated to be Rs. 550. There is, in this sale-deed, a term that if the consideration is paid by the executant or her heirs and re...
Emperor Vs. Bishan Sahai Vidyarthi and ors.
Court: Allahabad
Decided on: Apr-21-1937
Reported in: AIR1937All714
1. Five persons, B.S. Vidyarthi, A.B. Tandon, Gopi Nath Singh, K.B. Tandon and R.B. Govind Prasad, were tried by the Additional Sessions Judge of Agra under Section 120-B on a. charge of having criminally conspired together to make money out of the public by committing offences under Sections 420, 465, 467 and 477-A, I.P.C. Against certain of the accused, there were also specific charges of cheating, attempting to cheat, forgery, falsification of accounts and criminal misappropriation, the relevant sections being Sections 420, 420/511, 465, 467, 477-A and 409, I.P.C. In all, there were 17 charges. R.B. Govind Prasad and K.B. Tandon have been acquitted by the trial Court on all charges. B.S. Vidyarthi, A.B. Tandon and Gopi Nath Singh have been convicted on charges Nos. 2 and 3 under Section 477-A and have been sentenced to two years' rigorous imprisonment on each charge, the sentences to be concurrent. B.S. Vidyarthi has also been convicted on charge No. 12 under Section 409, I.P.C., an...
Lala Banwari Lal and ors. Vs. Lala Beni Prasad and ors.
Court: Allahabad
Decided on: Apr-20-1937
Reported in: AIR1937All694
1. This is a first appeal brought by certain defendants against an order of 9th December 1936 by the learned Civil Judge of Allahabad, and the appellants ask that this Court should direct that complete accounts should be taken and adjusted between the parties up to the time when the suit finally terminates. The case arose in a partition suit brought by a member of a joint Hindu family claiming 1/60th share and asking for delivery of separate possession of his share. A preliminary decree was passed in favour of the plaintiff on 14th February 1927, and on 30th January 1930 the trial Court ordered that the plaintiff should prepare 60 lots. Certain defendants preferred an appeal against the preliminary decree to the High Court, F.A. No. 262 of 1927 which was withdrawn. A civil revision was filed by certain parties including the plaintiff in the High Court and that revision was the subject of a compromise which was embodied in an order of this Court on 13th July 1931. That order seta out am...
Gainda Lal Goel Vs. Rameshwar Das
Court: Allahabad
Decided on: Apr-15-1937
Reported in: AIR1937All650
ORDERHarries, J.1. This is an application for revision of an order passed by the Additional Civil Judge of Muzaffarnagar dated 21st August 1936 directing that a certain award should be filed and a decree should be drawn up in accordance with such award. The parties to this application had entered into a series of contracts relating to grain. In respect Of each contract the present applicant signed a client's contract form and in each of those forms there appeared the following clause:In the event of any dispute arising between you and me out of this transaction I agree to put the matter to arbitration as provided by the bye-laws of the Jain Sanatan Sikh Grain Chamber Limited and to abide by the arbitration award.2. On the back of the contract form are printed extracts from the bye-laws of the said Jain Sanatan Sikh Grain Chamber, Ltd., and in those bye-laws it is provided that should one of the disputing parties appoint an arbitrator and the other refuse or neglect to do so for 24 hour...
Babu Debi Bakhsh Singh Vs. Smt. Ashtbhuja Ratan Kunwar and anr.
Court: Allahabad
Decided on: Apr-15-1937
Reported in: AIR1937All670
1. This is a first appeal against the issue of letters of administration in favour of an applicant by the learned District, Judge of Benares. The facts are that the property in question belonged to one Thakur Ambika Bakhsh Singh, Talukdar of Nanemau estate in the District of Pyzabad in Oudh. He died on 13th August 1905 in Fyzabad District. An application was made by Smt. Ashtbhuja Ratan Kunwar, his posthumous daughter aged about 23 years, on 11th April 1929, that is many years after his death, and her application is accompanied by a list of property which comprises the whole of the property of the deceased. This property is almost all in Oudh with the exception of one small area in Jaunpur District, No. 63 on the list, which is under proprietary right in Mauza Isapur in 75 acres odd. The value of this property is said to be very small, only Rs. 15 (see Collector's report p. 24). The value of the estate on the other hand is stated in para. 10 of the application to be over four lakhs and...
Shankar Lal Vs. Emperor
Court: Allahabad
Decided on: Apr-15-1937
Reported in: AIR1937All681
1. This is an appeal against the order of the learned Chief Justice directing the Registrar of the High Court to make a complaint against the applicant in Civil Revision No. 85 of 1935, Shankar Lal, for offences under Sections 193 and 471, I.P.C., to a Magistrate of the First Class having jurisdiction. Shankar Lal was the defendant in a suit filed upon the basis of a promissory note which was executed on 14th October 1928. The suit was filed on 8th February 1934. In his defence, the defendant pleaded that two payments had been made towards the amount due under the promissory-note, one of Rs. 400 on 24th July 1933 and one of Rs. 250 on 8th December 1933. The plaintiff averred that no such payments had been made by the defendant. The defendant supported his averments in regard to these payments by the production of two receipts Ex. A and B, which purport to bear the signatures of the plaintiff. A handwriting expert in the trial Court deposed that the signatures on Ex. A and Ex. B were fo...
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