Allahabad Court May 1938 Judgments
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Suraj NaraIn Chaube Vs. Emperor
Court: Allahabad
Decided on: May-25-1938
Reported in: AIR1938All513
Bennet, J.1. This is a criminal appeal on behalf of one Suraj Narain Chaube who has been convicted under Section 169, I.P.C. and sentenced to one year's rigorous imprisonment and a fine of Rs. 100 or in default to six months' rigorous imprisonment. The accused was in 1935 a member of the District Board of Ballia and the cattle pound of Sahatwar was under his charge. A buffalo was auctioned on 26th May 1935 by and under the supervision of the accused. The cattle pound is close to the police outpost and the head constable Amir Ali was anxious to buy this buffalo which was of good breed. The buffalo was sold for Rs. 30 to Baleshar Nonia and the auction was closed. Some allegations were made that Baleshar only paid Rs. 13 but the Court below was satisfied on the evidence of the pound keeper that the Rs. 30 was paid and entered as paid that day. There is evidence that Baleshar Nonia and Dharaka Dusadh took away the buffalo. On the next day, 27th May 1935, Suraj Narain made a complaint to th...
Shiromani Sugar Mills Ltd. Vs. Seth Sugni Chand Hashmat Rai and Co.
Court: Allahabad
Decided on: May-19-1938
Reported in: AIR1938All522
ORDERBennet, J.1. This is a civil revision which has been listed during vacation because there is an accompanying application to stay the proceedings in a civil suit in the Court below. The suit is brought by Seth Sugni Chand Hashmat Rai & Co. against the Shiromani Sugar Mills Ltd. for recovery of Rs. 99,511-10-9 on the allegation that the defendants contracted with the plaintiffs that the plaintiffs should make a building in Basti for the defendants and that the plaintiffs made the building and the plaintiffs now sue for the price. One of the pleas in defence was that the contractors had dug out earth from the land of the defendants and had occupied the land of the defendants by storing bricks and by this injury to the land of the defendants, the defendants were entitled to recover Rs. 30,000 as set-off. The Court directed that a court-fee should be paid on this setoff. The defendants refused to pay and the Court refused to entertain the pleading. Against that order the civil revision...
Ram Gopal Vs. Lachhman Das and ors.
Court: Allahabad
Decided on: May-12-1938
Reported in: AIR1938All423
Allsop, J.1. The following question has been referred to this Bench:Whore there is nothing in the mortgage deed to indicate that the mortgagees advanced the money otherwise than in their individual capacities and where after the death of one of the mortgagees the mortgagor makes a deposit under Section 83, T.P. Act of the full amount due to the account of the surviving mortgagee and to that of the estate of the deceased mortgagee expressly or by necessary implication, impleading his sons as his heirs and it is subsequently found that one of the sons had no right to any part of the mortgage money, did interest cease to run from the date of the deposit or continue to run however bona fide the action of the mortgagor might have been?2. The suit out of which this reference has arisen was one for the sale of property on the basis of a mortgage dated 11th August 1921 executed by Abdul Hakim in favour of Jhunni Lal and his son Nannhe Mai. Abdul Hakim transferred his interest to Ram Gopal who ...
Hem Raj Vs. Khem Chand and ors.
Court: Allahabad
Decided on: May-12-1938
Reported in: AIR1938All601
Verma, J.1. These two appeals arise out of execution proceedings. One Bohra Dao Pal was a member of a joint Hindu family with Hemraj, the appellant, and father of the respondents, in E.F.A. No. 344 of 1936. Dan Pal had advanced a sum of Rs. 4000 to Ram Chand and Sri Chand, who are brothers, on 22nd February 1919 and had a promissory note executed by them in his favour. That promissory note was renewed by Ram Chand and Sri Chand and their brother, Moonga Ram, on 21st December 1921 for Rs. 4680 in favour of Dan Pal. The debtors again executed a fresh promissory note for Rs. 5264 on 21st November 1924 in favour of Dan Pal in lieu of the previous promissory note dated 21st December 1921. In the year 1925 a suit for partition of the joint family property was filed by Hemraj on behalf of himself and his minor younger brother against Dan Pal and the members of his branch of the family. This was Suit No. 365 of 1925 of the Court of the Subordinate Judge of Agra. This partition suit was referre...
Municipal Board Through B. Durga Prasad, Chairman Vs. Pt. Hoti Lal
Court: Allahabad
Decided on: May-11-1938
Reported in: AIR1938All520
ORDERMohammad Ismail, J.1. This is an application in revision directed against an order of the learned Judge of Small Cause Court, Etah. The plaintiff, Pt. Hoti Lal, was employed by the Jalesar Municipal Board as the head-master of a school maintained by the Municipality. By an order dated 19th February 1936 the senior Vice-Chairman suspended the plaintiff for 40 days. Again on 9th June 1936 the Vice-Chairman fined the plaintiff Rs. 25. The plaintiff alleged that the aforesaid orders were illegal and without authority and they are not binding on the plaintiff. The plaintiff therefore claimed Rs. 58 which represented his pay of 40 days and Rs. 25 deducted from his salary on account of fine. The Board filed a written statement under the signature of the Chairman denying the liability of the Board for the payment of the money claimed and justifying the action taken by the Vice-Chairman. In the pleadings allegations have been made by the parties, against each other which do not appear to m...
Kishan Lal Vs. Muhammad Ishaq and ors.
Court: Allahabad
Decided on: May-10-1938
Reported in: AIR1938All426
Bajpai, J.1. An important question of Hindu law arose in this appeal and as that question was decisive of the appeal, the whole case has been referred by a Division Bench to us. The facts may be summarized. One Sarwan Lal was the owner of certain zamindari property. He died 20 years before the institution of the suit (suit was instituted on 8th May 1931). He left behind him a widow, Mt. Chain Kunwar, who also died 11 years before the institution of the suit and the property possessed by Sarwan Lal was inherited by Mt. Ganga Devi as a Hindu female she being the daughter of Sarwan Lal. Some time in 1927 Mt. Ganga Devi filed a suit for arrears of profits against Mohammad Ishaq in the Court of the Pargana Officer of Tehsil Koil. The defendant to the suit was Mohammad Ishaq who is defendant 1 in the suit out of which this appeal has arisen. Mt. Ganga Devi obtained a decree on 26fch April 1927 for Rs. 101-4-11. On appeal the learned District Judge of Aligarh increased the amount to Rs. 402-1...
Emperor Vs. Beni
Court: Allahabad
Decided on: May-09-1938
Reported in: AIR1938All386
ORDER1. This is a criminal reference by the learned Sessions Judge of Cawnpore. It raises one short question of law whether a person, who has defaulted in payment of maintenance ordered under Section 488, Criminal P.C. can be sentenced to imprisonment for a period of more than one month where only one warrant under Sub-section 3 of the aforementioned section has been issued. An order was passed, against the applicant Beni on 7th August 1934 directing him to pay maintenance at the rate of Rs. 7 per month to his wife, Mt. Sitalia. This order was modified on 21st June 1937 when the amount was reduced from Rs. 7 per month to Rs. 5 a month. The applicant failed to comply with the order of the Court, and accordingly, on 1st July 1937 he was sentenced to six months' rigorous imprisonment under Section 488(3), Criminal P.C. On that date he was in arrears in respect of payment of maintenance for about 24 months. In revision the learned Sessions Judge of Cawnpore held that in respect that only o...
Kashi Kahar Vs. B. Asharfi Singh
Court: Allahabad
Decided on: May-09-1938
Reported in: AIR1938All511
Bennet, J.1. This is a second appeal by a defendant against a decree of the learned District Judge of Benares passed in first appeal dismissing his appeal and upholding the decree of a Munsif for removal of certain constructions by the defendant and an injunction against the defendant making any constructions on the plot in question. The plaintiff is the land-holder of mauza Bhadaini which happens to be within the municipal limits of Benares City. There was a fixed rate tenant of the plaintiff Benarsi Lal and he executed a sale deed dated 15th February 1934 in favour of Kashi, the defendant. That sale deed sets out that Benarsi Lal had purchased at auction sale a fixed rate tenancy of 1 bigha 6 biswas 17 dhurs of land and that he needed money and was not able to sell all the area so he was selling it off in small lots and he sold to Kashi Kahar 1 biswa 31/68 dhurs for Rs. 285. It is a fact that the sale deed does not actually state that the purchase was for building a house but the sal...
Mt. Alimunnisa Bibi Vs. Mohammad Abdur Rahman and ors.
Court: Allahabad
Decided on: May-06-1938
Reported in: AIR1938All485
Bennet, J.1. This is a first appeal by Mt. Alimunnisa Bibi, the plaintiff, against a decree of the Civil Judge of Azamgarh dismissing her suit asking for possession of 7/88 sehams share of the estate of her deceased father Alauddin in Schedules A and B, the zamindari property, and Schedule 0, houses. The father, Alauddin, died on 5th February 1932. The defendants comprise the two sons of Alauddin, Abdur Rahman and Abdur Rahim, who are of full age, and minor sons and daughters and the two wives of Alauddin, defendant 7, Mt. Amina Bibi, and defendant 8, Mt. Sakina Bibi, who was the mother of the plaintiff. The mother of the plaintiff naturally supported the claim of the plaintiff but on behalf of the other defendants the claim was contested on the ground that the zamindari property in Schedule A had been the subject of a wakf by Saheb AH Khan, the great-grandfather of the plaintiff, on 4th February 1864, by the document printed on pp. 91 to 94, and that the property in lists B and C had ...
Gopi Nath Vs. Srimati Chameli and anr.
Court: Allahabad
Decided on: May-06-1938
Reported in: AIR1938All504
Bennet, J.1. This is a defendant's appeal against a decree of the learned Civil Judge of Meerut. The following pedigree will give relationship of the parties:HARI SAHAI MAL|-----------------------|----------------| | | |Brikbhan Debi Sahai Pahlad Das Hira Lal| | | || Jamna Prasad (adopted son)| Srimati Chameli, plaintiff, widow| || Khushi Ram, widow, Mt. Mahadevi|||--------------||-----------------------------------| |Kedari Prasad Lalta Prasad| |-------------------------- -----------------------------| | | | | |Ram Nath Jamna Prasad Chhedi Lal Chiranji Lal Pirbhu Dayal Kali Prasaddefendant 1 | || | || | Munna Lal alias| | Har KishanBaij Nath ||-------------------------------| |Gopi Nath, Defendant 2. Khushi Ram.2. The plaintiff Srimati Chameli, widow of Jamna Prasad, comes into Court on the allegations that she is the owner of the firm styled Lira Lal Jamna Prasad; that the firm was originally owned by L. Hira Lal and his adopted son Jamna Prasad; that after their death Khushi Ram, th...
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