Allahabad Court April 1938 Judgments
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Daulat Singh Vs. Prem Singh and ors.
Court: Allahabad
Decided on: Apr-04-1938
Reported in: AIR1938All447
Allsop, J.1. This is a second appeal arising out of a suit for damages for slander instituted by the plaintiff-appellant against a number of defendants. It was said that they had accused the plaintiff of committing adultery with a woman of low caste. The trial Court found that the accusations had been made and that they were not proved to be true. For that reason it gave the plaintiff a decree. The learned Judge of the lower Appellate Court has decided that the allegation was not proved but that the defendants believed in good faith in the truth of it, that the allegations were made in the course of an investigation in accordance with the rules of the caste into the conduct of the plaintiff and that there was no proof of express malice. He held that any statements which were made were privileged and dismissed the plaintiff's suit. In appeal it is argued that the statements were made to a Padhan or malguzar, that is, a headman who was not the person within whose jurisdiction the matter ...
Hakim Enayat Ullah Vs. Khalil Ullah Khan and anr.
Court: Allahabad
Decided on: Apr-01-1938
Reported in: AIR1938All432
Iqbal Ahmad, J.1. This is an appeal against an order of the Court below rejecting an application for the execution of a sale deed in pursuance of a decree for specific performance of a contract of sale. The appellant obtained a decree for specific performance of a contract of sale against Khalil Ullah and Mt. Kaniz Amna Khanam so far back as in the year 1928 or 1929. It is stated that by an oversight the Court did not, by its decree, direct that on the execution of the sale deed possession of the property covered by the decree would be delivered to the decree-holder. This led to an application by the decree-holder for the correction or amendment of the decree. This application was rejected by the trial Judge, but this Court allowed the application and directed the amendment prayed for by the decree-holder. Armed with this amended decree the decree-holder applied to the Court below for execution of the sale deed in terms of the decree. In the meantime Khalil-Ullah had applied to the Col...
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