Allahabad Court March 1938 Judgments
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Sundar Singh Majithia Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Mar-09-1938
Reported in: AIR1938All452
Collister, J.1. This is a statement of a case by the Commissioner of Income-tax, Central and United Provinces, under Section 66(2), Income-tax Act. The reference was made at the instance of Sardar Bahadur Dr. Sir Sundar Singh Majithia, C.I.E. who is the head of an undivided Hindu family consisting of himself and his three sons. The Commissioner states that:The assesses enjoys large income from property, has deposits in banks and shares in companies, does money and grain lending business and is interested in a sugar factory styled as the Saraiya Sugar Factory.2. For several years Sir Sundar Singh was also a member of the Executive Council of the Punjab Government and drew a salary in that capacity. The assessment year with which we are concerned is 1932-33 and the accounting year ended with 30th September 1931. The members of this family are Jats of the Sher Gill tribe in the Amritsar district in the Punjab and they are, as we have already said, an undivided Hindu family. In previous ye...
Sir Sundar Singh Majithia, in Re.
Court: Allahabad
Decided on: Mar-09-1938
Reported in: [1938]6ITR336(All)
This is a statement of a case by the Commissioner of Income Tax, C.P. and U.P., under Section 66(2) of the Indian Income-tax Act. The reference was made at the instance of Sardar Bahadur Dr. Sir Sundar Singh Majithia, C.I.E. who is the head of an undivided Hindu family consisting of himself and his three sons.The Commissioner states that 'the assessee enjoys large income from property, has deposits in banks and shares in companies, does money and grain-lending business and is interested in a sugar factory styled as the Saraiya Sugar Factory.' For several years Sir Sundar Singh was also a member of the Executive Council of the Punjab Government and drew a salary in that capacity. The assessment year with which we are concerned is 1932-33 and the accounting year ended with the 30th September 1931. The members of his family are Jats of the Sher Gill tribe in the Amritsar district in the Punjab and they are, as we have already said, an undivided Hindu family. In previous years the assessee...
L. Pirbhu Dayal Vs. the Jwala Bank
Court: Allahabad
Decided on: Mar-08-1938
Reported in: AIR1938All374
ORDERMohammad Ismail, J.1. This is an application in revision directed against an order of the learned Judge of the Small Cause Court, Agra. The plaintiff is a customer of the defendant bank. On 16th March 1936 cheque No. 23958 for Rs. 57-8-0 was presented at the bank purporting to have been signed by the plaintiff Pirbhu Dayal in favour of one Bhai Kashi Nathji. A servant of the defendant bank honoured the cheque and paid the amount to the person presenting the cheque. The plaintiff on finding himself debited with this amount informed the bank that he had not drawn the sum of Rupees 57-8-0 debited to him. The bank however refused to make good the amount on the ground that the cheque in question was received in the bank in the usual course of business and that the plaintiff's signature on the cheque fully tallied with his specimen signatures. The plaintiff thereupon brought the present suit. The learned Judge in the Court below upon a consideration of evidence found that the signature ...
DIn Dayal Vs. Sheo Prasad and ors.
Court: Allahabad
Decided on: Mar-08-1938
Reported in: AIR1938All382
Bennet, J.1. This is a first appeal by Din Dayal, defendant 1, against a decree in favour of the plaintiff, Sheo Prasad for pre-emption. The sale in question was by defendants, Baghunath Prasad, and defendant 3, Bhagwat Prasad in favour of Din Dayal, of 8th December 1930 of the whole of mahal Safed in mauza Sadarpur Matlabpur with the exception of a specific plot No. 32. The plaint sets out that on 30th November 1930 there had been a fictitious deed of exchange by which this No. 32 area 1.9 acres had been exchanged by Raghunath Prasad and Bhagwat Prasad having been given to Din Dayal and in exchange Din Dayal had given them a plot of waste land of 166 square yards situate in muhalla Kasrol in the Moradabad city. The plaint alleged that the two documents were in fact one single transaction and that the deed of sale was fictitious and under the same no party acquired any right separately. The plaintiff set out that he himself was the owner of .16 acres of land known as Dera situate in 50...
Dular Pandey and anr. Vs. Nanda Budhai and anr.
Court: Allahabad
Decided on: Mar-08-1938
Reported in: AIR1938All396
Bennet, Ag. C.J.1. This is a second appeal by the plaintiffs zamindars who brought a suit for ejectment of two persons, Sarju and Ramlal from an occupancy tenancy. The two Courts below have dismissed the suit of the plaintiffs. As an important question of law has arisen, the second appeal has been referred to a Full Bench of five Judges. The pedigree of the defendant is as follows:BHULANDHI||-----------------------|Jagar Nath Nandan| |Lachman Sheodin| ||------------------| Sita RamRam Sarup defdt. 2 Sarju, defdt. 1 || Mt. BhagniShyam Lal2. Sita Ram was admittedly the last male occupancy tenant and he died in 1906 or 1907. He was succeeded by his widow Mt. Bhagni who died on 28th July 1931. The lower Appellate Court has held, that Sarju, defendant 1, was joint in cultivation with Sita Ram until his death. Ram Sarup the other defendant died during the course of the litigation and his son Shyam Lal was entered in his place. Mt. Bhagni on the death of her husband in 1906 or 1907 succeeded ...
Jai NaraIn Lal Tandon and ors. Vs. Lala Bechoo Lal and anr.
Court: Allahabad
Decided on: Mar-04-1938
Reported in: AIR1938All369
Collister, J.1. This is a defendants' appeal arising out of a suit for enforcement of a mortgage. The mortgage deed is dated 22nd August 1919 and was executed for Rs. 2200 by Mt. Basanti Bibi, defendant 6, purporting to act as guardian of defendants 1 to 5. Actually Jai Narain Lal, defendant 1, was sui juris at that time. On 8th July 1919, Mt. Basanti Bibi who is the mother of defendants 1 to 5 had applied to the District Judge to be appointed guardian of her minor sons, defendants 2 to 5, and on the same day she was duly appointed. There is a finding of fact that defendant 1 had attained majority at the date of the mortgage deed in suit and the point is not in controversy before us. Mt. Basanti Bibi, defendant 6, is the wife of one Manni Lal, but it was the mother and not the father who was appointed guardian by the District Judge. The rate of interest stipulated in the mortgage bond was ten annas per cent per mensem with six monthly rests and the claim was for Rs. 4776-3-6. All the d...
Emperor Vs. Jagannath Prasad Swadhin
Court: Allahabad
Decided on: Mar-02-1938
Reported in: AIR1938All358
Iqbal Ahmad, J.1. Jagannath Prasad Swadhin, opposite party, has appeared in this Court in response to a notice directing him to appear before this Court on 1st March to show cause why he should not be punished for contempt of Court in respect of two applications one of which was written and sent by him to the Judge, Small Cause Court, Cawnpore and the other to the Munsif, Akbarpur, in connexion with Civil Case No. 2059 of 1937 Jagannath Prasad Swadhin v. Shambhoo Dayal. The opposite party was plaintiff in the suit referred to above and the suit was pending in the Court of the Small Cause Court Judge of Cawnpore. During the pendency of that suit, the opposite party sent an application by post to the address of the Small Cause Court Judge in the course of which he made inter alia the following remarks:.that you acted at the instigation of your reader who is in the habit of taking bribes. Just in the same manner all the officials of your Court including the Munsarim who occupies the posit...
Haji Mohammad Saleh Khan Vs. Bibi Nur Fatma Begam and anr.
Court: Allahabad
Decided on: Mar-02-1938
Reported in: AIR1938All391
Bennet, J.1. This is a first appeal by Mohammad Saleh Khan, defendant 1, against a decree of the learned Civil Judge of Aligarh for partition of a building known as the Pili Kothi and a small portion of land, 4 bighas 19 biswas cultivated, attached to this Pili Kothi. The Kothi and land are situated in what is called the city of Koel which is really a part of Aligarh City situated in the centre of the city. One of the questions argued on behalf of the appellant was that the Civil Court had no jurisdiction to partition the agricultural land and that a suit should also be brought in the Revenue Court for partition of the 4 bighas 19 biswas in addition to the present suit in the Civil Court for partition of the 4 bighas 8 biswas occupied by the Pili Kothi. The argument was based on a cross-examination of P.W. Jalaluddin on p. 9 and he admitted that the Pili Kothi was entered in a khowat. All over the province, it is common to find that khewats exist for areas which were formerly agricultu...
Abdul Rashid and ors. Vs. B. Braham Saran
Court: Allahabad
Decided on: Mar-01-1938
Reported in: AIR1938All293
Bennet, J.1. This is a second appeal by the defendants who are mutwallis under a deed of wakf of certain land in the city of Moradabad. The facts are as follows : One Nazir Khan built a house 50 years ago with the permission of Abdul Salam who was the owner of the land and Abdul Salam remained the owner of the site. It is also found by the lower Appellate Court that rent was paid by Nazir Khan to Abdul Salam. The house had a door to the north by which Nazir Khan used to visit the mosque and to say his prayers and apparently used also for general purposes of exit. On 18th August 1917 Nazir Khan got permission from the Municipal Board to open a door to the south. On 30th January 1919 Nazir Khan sold the materials of his house to the plaintiff who became the occupier of the site and owner of the materials of the house. In 1925 the plaintiff took a sale deed from Abdul Salam of the site of the plaintiff's house with no mention of the right of passage or a right to flow water on the land. O...
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