Court : Allahabad
Reported in : AIR1938All641
Harries, J.1. This is a reference to a Full Bench by a Division Bench in a case in which the two learned Judges constituting that Bench have disagreed on questions of fact. The suit out of which the appeal arises was brought by the plaintiff for a sum of Rs. 12,477-4-6 being as to Rs. 5177-4-6 expenses alleged to be due to the plaintiff and as to Rs. 7300, arrears of salary alleged to be due to the plaintiff. The defendant denied the alleged terms of employment and pleaded that the plaintiff had received all that he was entitled to. The learned Civil Judge who heard the case at first instance decreed the plaintiff's claim for Rs. 1950 only and against that decree the defendant preferred a first appeal to this Court. The learned Judges constituting the Division Bench which heard the appeal disagreed. Thorn J. (as he then was) accepted the defendant's contentions and would have allowed the appeal and would have dismissed the plaintiff's claim in its entirety. Iqbal Ahmad J. was however o...
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All5
ORDERMohammad Ismail, J.1. This is an application in revision on behalf of one Sheomandil who was convicted and sentenced to a term of nine months rigorous imprisonment and a fine of Rs. 500 under Section 406, I.P.C., by a Magistrate of the First Class. The order of the learned Magistrate was confirmed on appeal by an order dated 20th August 1938. The applicant now comes to this Court in revision. It is admitted by learned Counsel that the accused has not surrendered himself and is still at large. The concluding portion of the order of the learned Sessions Judge is : 'The appeal is rejected. The accused is directed to submit to his bail bonds.' This order has not been complied with. Learned Counsel for the applicant states that the Appellate Court had not directed the applicant to be present in Court at the time of the delivery of judgment. Reference has been made to the Proviso to Section 424 which lays down that unless the Appellate Court otherwise directs, the accused shall not be b...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All640
Mohammad Ismail, J.1. This appeal arises out of an application made by the appellant under Section 383, Succession Act (39 of 1925). It appears that one Mt. Kesar died in June 1936. Her husband Ajudhia Prasad had predeceased her. On 14th July 1936 the opposite party Durga Prasad applied for a succession certificate in the Court of the District Judge, Agra. Among the relations he mentioned in the application only two persons named Lachhman Singh arid Bishan Singh. The appellant Mt. Janki Bai was not mentioned in the application and therefore no notice of the application was sent to the appellant. Mt. Janki Bai claims to be the sister of the deceased Mt. Kesar and alleges that the deceased left a will in her favour conveying her property to the appellant. It was also contended that the opposite party had full knowledge of the existence of this will but fraudulently refrained from giving notice of his application to the appellant. The learned District Judge without going into the merits o...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All637
ORDERMulla, J.1. This is a reference by the learned Additional District Magistrate of Allahabad in a case in which 14 persons have been convicted by a Special Magistrate of the First Class of an offence under Section 379, I.P.C., on the complaint of one Samiullah. The prosecution case was that a certain field had been in the complain, ant's possession for some years and he had sown a mixed crop therein, but during his absence from the village some time on 17th September 1937, the opposite parties out the crop away. In the report of the incident which he made at the Thana on 20th September he charged 23 persons with an offence under Section 379, I.P.C. The delay in the report was explained by him on the ground that it was only when he returned to his village on the evening of 19th September that he came to know what had happened and it was then that he proceeded to the Thana the next day after making some enquiries and ascertaining names of the accused persons from certain witnesses. Be...
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All15
Misra, J.1. These are two connected appeals directed against the order of the learned District Judge of Moradabad, dated 10th April 1937 by which he accepted the application of Mt. Aisha Begam and rejected that of Mt. Kundan to be appointed guardian of the person of a girl named Hasina Begam. Aisha Begam the mother, and Mt. Kundan alias Eafiqa Begam is the grandmother of the girl. The girl was living with her grandmother and the first application was made by the mother Aisha Begam on 22nd January 1936. The object of making the application was stated to be to take the girl from an undesirable environment in which she and her grandmother are alleged to have been living. It is said that this grandmother was originally a prostitute, that after the death of her husband she lapsed into her former life and that some female relations with whom she is living are still carrying on the profession of prostitution. About two months after the application by the mother, the grand, mother made a count...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All639
ORDERMohammad Ismail, J.1. The facts that have given rise to this application may be briefly stated. The applicant was sued by the opposite party for recovery of certain sum of money in the Court of the Civil Judge of Cawnpore. The defendant pleaded inter alia that the Court had no territorial jurisdiction as the cause of action arose outside Cawnpore. An application was made on behalf of the applicant to the learned Civil Judge to decide the question of jurisdiction before deciding other issues involved in the suit. The learned Civil Judge did not accede to the prayer of the applicant. On 12th May 1938, the applicant moved this Court to interfere with the order of the Court below under the provisions of Section 115, Civil P.C., and Section 224, Government of India Act. This application was ultimately rejected on 17th August 1938. The present application has been made under Section 205, Government of India Act, praying that this Court of its own motion may grant a certificate for appea...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All611
ORDERMisra, J.1. This is an application in revision against the appellate judgment of the Civil Judge of Cawnpore, dated 17th December 1937. Umrao Begam, opposite party, made an application under Section 12, Agriculturists' Relief Act, to redeem a usufructuary mortgage made in favour of the applicant Sheo Charan Lai. The principal sum secured by the mortgage was Rs. 650 and there was a covenant that there would be no accounting between the parties and that the mortgage would be redeemed on payment of the principal sum only. The mortgagor made a deposit of Rupees 10 when applying for redemption and alleged that the balance of the mortgage money had been paid off from the usufruct of the property mortgaged. The mortgagee contended that in view of Section 77, T.P. Act, it was not open to the mortgagor to ask for re-opening of the accounts. The trial Court of the Munsif held that accounts could be re-opened from 1st January 1930 under the provisions of Section 30, Agriculturists' Relief Ac...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All613
ORDERHarries, J.1. This is an application by Babu Parshottam Das praying that this Court should direct the Official Liquidators to settle their bill for work done by the company for Rs. 4500 and to set off such sum against the amount due from the company to the petitioner and further to direct the Official Liquidators to set off the sums due monthly for electric current supplied against the balance due from the company to the petitioner. Before this company went into liquidation, the applicant had made a number of advances to the company and on 21st May 1935 the company executed a promissory note for Rs. 7000 in favour of the applicant. This promissory note covered all past advances and an advance of Rupees 3500 odd made on the date upon which the note was executed. It is the applicant's case that the company was doing a considerable amount of work for the applicant and was of course supplying him with electric current. It is alleged that an agreement was entered into between the parti...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All621
Bennet, Ag. C.J.1. This is a first appeal by a defendant against an order of remand of the lower Appellate Court. There was certain property which belonged admittedly to Tribhavan Pande who died about 20 years ago leaving a widow who died more than a year before the suit. The plaintiffs brought a claim for possession against the defendant who was in possession claiming that the defendant was a mere trespasser. The plaintiffs set up a pedigree claiming to be the nearest reversioners from Tribhavan Pande and the defendant also set up a pedigree claiming that he was the nearest reversioner from Tribhavan Pande. These two pedigrees were entirely different. The trial Court held that the plaintiffs had proved their pedigree and granted the plaintiffs a decree for possession. The defendant appealed and the lower Appellate Court found that the pedigree of the plaintiffs was merely supported by the evidence of plaintiff 1 who was an interested party and that the evidence of plaintiff 2 was of n...
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All593
Bennet, Ag. C.J.1. This is an execution second appeal by one Amar Nath who was a surety and against whom the lower Appellate Court has held that the decree of the firm B. Chhote Lal Durga Prasad against the firm Manohar Das Ram Narain could be executed, without deciding other issues. The application for execution was by the imprisonment and arrest of Amar Nath, the surety. The first Court held that the decree could not be executed because the execution application was not maintainable, and did not decide other issues, and on the second appeal before a Bench of two Judges of this Court the Bench has stated that as there were conflicting rulings of this Court the matter should be referred to a Full Bench, and accordingly a Bench of three Judges was constituted, The Bench of three Judges stated that there was likely to be a difference of opinion between them and recommended a larger Bench, and accordingly the present Bench of five Judges was constituted to dispose of the second appeal. Th...
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