Allahabad Court September 1938 Judgments
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Balchand Vs. NaraIn Dass and ors.
Court: Allahabad
Decided on: Sep-26-1938
Reported in: AIR1939All96
ORDERMulla, J.1. This is an application in revision under Section 25, Small Cause Courts Act. The applicant here was the plaintiff in the suit before the Small Cause Court. He claimed to recover a certain amount on the basis of certain transactions of loan and certain advances of grain. The transactions had taken place between the plaintiff and Mauji, the predecessor-in-interest of the opposite parties. The opposite parties resist-ed the suit on several grounds, one of them being that certain amounts which were shown in the plaintiff's account books as having been advanced to Mauji had not really been so advanced because Mauji had not put his signature underneath those entries. Subsequently this objection was withdrawn and on 13th February 1937 the learned Small Cause Court Judge passed a decree in favour of the plaintiff-applicant for a sum of Rupees 154-2-0. The opposite parties had pleaded that they were agriculturists, and that plea had been admitted by the plaintiff. Accounting wa...
Salig Ram Vs. Jumna Sahai
Court: Allahabad
Decided on: Sep-26-1938
Reported in: AIR1939All180
ORDERMulla, J.1. This is an application in revision which arises out of a suit in the Court of Small Causes at Cawnpore. The relevant facts may shortly be stated as follows : The suit was instituted by the opposite party Jumna Sahai on 13th August 1936. It was a claim for arrears of pay. The 26th August 1936 was fixed by the Court for final hearing. A summons was issued to the defendant, who is the applicant in this Court, on 14th August 1936. The process-server of the Court who was entrusted with the service of the summons proceeded to the applicant's house on 15th August and affixed a copy of the summons to the door of the home. It may be noted here that the process-server himself was not in a position to know where the applicant's house was situated, but he was accompanied by an agent of the opposite party, who pointed out a house to him as the house of the applicant. From the report of the process-server as to the circumstances in which he affixed the summons to the house it appear...
Ambika Prasad Vs. Mt. Naziran Bibi and ors.
Court: Allahabad
Decided on: Sep-22-1938
Reported in: AIR1939All64
Iqbal Ahmad, J.1. This is a plaintiff's appeal and arises out of a suit in which the plain-stiff prayed for a decree for specific performance of a contract of sale with respect to a share in village Mathia and in the alternative for a decree for possession of that share by right of pre-emption. The facts on which the plaintiff based his right to the reliefs mentioned above are no longer in controversy and are as follows:One Munshi Birj Mohan Lal was the owner of the entire village Mathia. By means of a written agreement dated 5th December 1889, Birj Mohan Lal divided the village between himself, his sons and his wife. Thereafter Birj Mohan Lal sold the share allotted to him by the agreement referred to above to one Ibarat Husain. On 22nd December 1897, all the cosharers of the village including Ibarat Husain entered into an agreement to the effect that if any cosharer was desirous of selling his share in the village he should sell the same to the other cosharers and only in the event o...
Mahtab Singh Vs. Emperor
Court: Allahabad
Decided on: Sep-22-1938
Reported in: AIR1939All101
Bennet, Ag. C.J.1. This is a criminal reference by Mr. K.N. Joshi, the Sessions Judge of Mainpuri, recommending that the order passed by a Magistrate be set aside and ho be directed to give all reasonable facilities to the accused in establishing his defence the case before the Magistrate of Shikohabad was one under Section 110, Criminal P.C., and the accused Mahtab Singh resides in a village Amora in Shikohabad sub-division. The first order of the Magistrate was on 17th December 1937 and he stated that that date had been fixed for the defence witnesses at the request of counsel for the accused because it provided facility for the defence witnesses residing in the village of the accused which was close to the place where the Magistrate was holding his Court. the witnesses were not produced and the Magistrate adjourned the case until the next day and said that the accused should state the next day if he did not, wish to examine local witnesses, and he should prepare a list of his witnes...
Secretary of State Vs. Karim Bux
Court: Allahabad
Decided on: Sep-22-1938
Reported in: AIR1939All130
Misra, J.1. This is a first appeal brought by the Secretary of State for India in Council against a decision of the Allahabad Improvement Trust Tribunal, dated 6th October 1932, awarding to the respondent a sum of Rs. 11,174 as compensation for the compulsory acquisition of the respondent's interest in certain property.2. In the year 1927 notice was given by the Local Government to acquire certain premises and a large enclosure owned by Mohammad Hasan and situate at No. 10, Mirgunj, Allahabad. In part of these premises the respondent, Karim Bux, resided and in another portion he carried on the, business of manufacturing steel trunks. It would appear that Karim Bux had previously held under some former lease; but such had expired, and the most that can be said of his rights at the time of the notice is that he was holding over on the terms of the original tenancy. On 15th March 1928 the respondent appeared before the Land Acquisition Officer and filed objections to the acquisition which...
Narotam Das Agarwal Vs. Bhagwan Das and anr.
Court: Allahabad
Decided on: Sep-21-1938
Reported in: AIR1939All79
Mulla, J.1. This is an appeal under Section 476-B, Criminal P.C. from an order passed by the learned Civil Judge of Mirzapore refusing to entertain an application made to him under Section 476-A, Criminal P.C. The facts of the case are as follows : The appellant Lala Narotam Das Agarwal brought a suit against Nand Kishore and others in the Court of the Civil Judge at Mirzapore. A date was fixed for the hearing of that suit and it appears that on that date the appellant was also summoned by ' the defendants as a witness. It is alleged' that the appellant came to Court in connexion with the hearing of his suit and while he was sitting in the chamber of his vakil within the Court premises, the respondents Bhagwan Das and Rajit Ram served a warrant of arrest upon him. It appears that Nand Kishore, one of the-defendants in the appellant's suit, had previously obtained a decree against the appellant from the Court of the Munsif of Mirzaporo and had put that decree into execution. It was in e...
Sankatha Prasad Vs. Mt. Rukmani and ors.
Court: Allahabad
Decided on: Sep-21-1938
Reported in: AIR1939All81
Iqbal Ahmad, J.1. The decision of this appeal depends on the answer to the questions whether or not it is open to an ostensible vendee to plead in a pre-emption suit that he was a mere benamidar for a co-sharer against whom the plaintiff had no right of pre-emption, and whether on proof of the fact that the real purchaser was such a co-sharer the suit for pre-emption must fail? These questions have been answered in the affirmative by this Court in S.A. No. 1173 of 1908 and in Harsaran v. Mt. Dilraji (1910) 8 I.C. 527. In these cases it was found that the vendee mentioned in the sale deed was a mere benamidar for a co-sharer and the suits for pre-emption were dismissed on the ground that the real purchaser was a co-sharer against whom the plaintiff had not the right of pre-emption. But a diametrically opposite view was expressed by the Oudh Chief Court in Manzur Ali v. Sultan (1927) 14 A.I.R. Oudh. 509 It was held in that case that the Court should only look as to who isthe transferee a...
Rameshwar Nath Vs. Ghulam Rasool Khan
Court: Allahabad
Decided on: Sep-20-1938
Reported in: AIR1939All92
ORDERMulla, J.1. This is an application in revision against a decree passed by the learned Small Cause Court Judge of Cawnpore. The applicant here was the defendant in the suit. The date fixed for the hearing of the suit was 29th November 1937. On that date the counsel for the parties made a statement which literally translated runs as follows:We appoint Daroga Baljit Singh as a referee. Let the case be decided upon any statement which, ho may make in Court after taking the statements of the parties. We shall have no objection.2. The decision of the application really turns upon the true interpretation to be put upon this statement of the counsel as to the power which it conferred on Daroga Baljit Singh. The question is whether by this statement Baljit Singh was appointed only a referee who was to make a statement in Court which Court was to decide the case, or as an arbitrator who had to make an award finally settling the dispute between the parties. It appears that on the same date, ...
Kallu Singh Vs. Secretary of State
Court: Allahabad
Decided on: Sep-19-1938
Reported in: AIR1939All55
ORDERMulla, J.1. This is an application in revision by the plaintiff in a suit for damages in the Court of the Small Cause Court Judge at Agra. The applicant despatched two consignments of sirki from Belanganj to Antri on the G.I.P. Railway. Bach consignment was contained in a wagon, and it is an admitted fact that the consignments safely reached their destination. It appears however that the consignments were unloaded at Antri station and while the goods were lying there within the station premises, they somehow caught fire. On these facts the applicant brought a suit for damages against the defendant company, the G.I.P. Railway, through the Secretary of State for India. Several pleas were taken in defence, and the learned Small Cause Court Judge framed no less than eight issues including one to the following effect:Whether the defendant is guilty of any negligence or misconduct?2. One of the pleas taken by the defendant company was that Risk Note 'B' afforded a complete protection to...
Mt. Champa Devi Vs. Pt. Sansar Chand
Court: Allahabad
Decided on: Sep-16-1938
Reported in: AIR1939All12
Mulla, J.1. This is a first appeal by a judgment-debtor in an execution proceeding, whose objection to the execution of a decree by attachment and sale of certain property has been rejected by the learned First Civil Judge of Saharanpur. The facts of the case are as follows: The appellant, Mt. Champa Devi, is the sister of one Karta Kishen, who held a mortgage from two ladies named Durga Dasi and Muthri, who wore the widows of one Suraj Singh. Some time after the death of Karta Kishen, his widow Mt. Bhagwati, who had succeeded to his estate, brought a suit on the foot of that mortgage and obtained a decree against one of the mortgagors who was then alive, namely Durga Dasi. Now it appears that Suraj Singh, the husband of Durga Dasi and Muthri the mortgagors, had another wife named Mt. Sarda Devi, and he had executed a gift in her favour in respect of his property. Sarda Devi executed a will in favour of Durga Dasi and Muthri. The construction of that will was a point in issue in this C...
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