Allahabad Court September 1938 Judgments
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Sri Behariji Maharaj Birajman Thakurdwara Through Ranendranath Basu, R ...
Court: Allahabad
Decided on: Sep-16-1938
Reported in: AIR1939All141
Bennet, Ag. C.J.1. This is a first appeal by the receiver of the estate of Sri Behariji, an idol in Allahabad City, against a simple mortgage decree. The suit was brought by the plaintiff, Lala Manmohan Das, against three persons originally, defendant 1, Janki Prasad, son of Mukundi Lal, for himself and as mutwalli, manager and karkun of Thakurdwara Sri Behariji Maharaj, (2) Brij Mohan Das, son of Mukandi Lal, and (3) Munnu Lal minor, son of Brij Mohan Das. The original plaint set out that the plaintiff was mortgagee and the mortgagors were defendants 1 to 3. The date of the mortgage was 4th December 1926. The plaint set out further that one Mt. Lalta Bibi had caused a Thakurdwara to be constructed, and for defraying the expenses relating to the construction of the Thakurdwara and other expenses she borrowed from Bisheshar Das and Misri Lal Rupees 3000 under a mortgage deed of 15th July 1895 and constructed the Thakurdwara and installed Sri Behariji, the appellant, therein. Para. 4 set...
Lakshmi NaraIn Vs. Mirza Mohammad Akbar
Court: Allahabad
Decided on: Sep-16-1938
Reported in: AIR1939All185
Bennet, Ag. C.J.1. This is a Letters Patent Appeal brought by one Lakshmi Narain against what is styled the order of a learned single Judge. The order in question is one refusing to set aside the abatement of a second appeal. The learned single Judge has not declared that the case is a fit one for Letters Patent appeal under Clause 10 of the Letters Patent of this High Court. The question therefore arises whether such declaration of a learned Judge is or is not necessary. For the appellant learned Counsel contended two points : (1) that the permission was not necessary and (2) that it had already been held by the learned Application Judge that no permission was necessary. Now in the case of a. Letters Patent Appeal, it is for the Letters Patent Bench to decide whether notice should issue or not and this appeal is before us for this purpose. When the application was filed the office noted: 'Leave to appeal in Letters Patent has neither been granted nor refused.' On this the learned Appl...
Official Liquidators Vs. Jugal Kishore and ors.
Court: Allahabad
Decided on: Sep-15-1938
Reported in: AIR1939All1
ORDERHarries, J.1. This is an application by the Official Liquidators praying that the name of Mr. Jugal Kishore, opposite party No. 1, be removed from the array of opposite parties and that the names of his two sons and widow be brought on the record in bis wtoad. On 31st July 1935 the liquidators presented an application under Section 235, Companies Act, in this Court against certain directors of the Mofussil Bank Ltd. including Mr. Jugal Kishore. In this application certain acts of misfeasance were alleged and certain definite allegations were made against Mr. Jugal Kishore. On 29th March 1.938 during the pendency of the proceedings, Mr. Jugal Kishore died and on 5th May 1938 the present application was filed. It is to be observed that the widow of Mr. Jugal Kishore, Mt. Dularna Bibi, is already in the array of opposite parties and the prayer in so far as it concerns her is that a note be made that she is also the legal representative of Mr. Jugal Kishore. As to the two sons, Nawal ...
Ram Swarup Vs. Devi Das
Court: Allahabad
Decided on: Sep-15-1938
Reported in: AIR1939All17
ORDERMohammad Ismail, J.1. This is an application in revision directed against an order of the Court below. The facts of the case have been fully set out in the order of the learned District Judge and need not be recapitulated in detail. It appears that Devi Das, the opposite party, made an application to the Collector under Section 4, Encumbered Estates Act. The application in due course was transferred to the Special Judge and a date was fixed for filing the written statement and depositing publication charges. The applicant on the date fixed failed to appear with the result that the application was dismissed by the Special Judge. On 8th July 1937, the applicant made an application for the restoration of his application and the learned Special Judge considered that sufficient cause was made out, and therefore restored the application. On appeal the order of the Special Judge was affirmed by the learned District Judge. The creditor now comes to this Court in revision.2. It is argued t...
Jagan Nath Brijraj Oil Mill Cawnpore Through Kalu Ram Vs. Soembar
Court: Allahabad
Decided on: Sep-14-1938
Reported in: AIR1939All29
Mohammad Ismail, J.1. The facts that have given rise to this appeal are not disputed. Soembar (respondent) was employed as 'Linedar' in the Jagannath Brijraj Oil Mill. He entered the service of the appellant some 14 or 15 years ago and -was drawing a salary of Its. 25 per mensem. It is common ground that on 5th November 1936 he received certain injuries in the performance of his duty as Linedar which deprived him of the use of the index and middle fingers of the loft hand. Soembar made an application under Section 4 of Act 8 of 1923 to the Commissioner of Labour, Cawnpore. The application was contested on several grounds but the Commissioner, upon a consideration of evidence, allowed the application for compensation and awarded Rs. 567 as compensation for the disablement which the applicant had suffered and Rs. 62-8-0 on account of arrears of pay during the period the applicant was in hospital. The Commissioner further allowed the applicant Rs. 30 pleader's fee. The opposite party has ...
Khwaja Mohd. Abdul Latif Vs. Moulvi Ahmad Abdul Halim
Court: Allahabad
Decided on: Sep-14-1938
Reported in: AIR1938All632
ORDERMulla, J.1. This is a reference by the learned Sessions Judge of Cawnpore upon an application in revision made before him by one Khwaja Mohammad Abdul Latif against whom a complaint had been made in the Court of a Magistrate of the First Class at Cawnpore charging him with an offence under Section 500, I.P.C. The relevant facts of the case are as follows : The opposite party, Moulvi Ahmad Abdul Halim, is a businessman of a substantial status at Cawnpore. Some dealings took place between him and Khwaja Mohammad Abdul Latif who is also a leather merchant at Rajshahi in the Province of Bengal. With the details of those dealings we are not concerned in the present case. The fact remains that in consequence of those dealings Khwaja Mohammad Abdul Latif filed a complaint in the Court of a Magistrate at REajshahi charging the opposite party Moulvi Ahmad Abdul Halim with the offence of cheating under Section 420, I.P.C. The Magistrate who had to deal with that complaint directed the local...
In Re: Kamal NaIn Hamir Singh Through Seth Gadh Mal Lodha
Court: Allahabad
Decided on: Sep-13-1938
Reported in: AIR1939All7
Harries, J.1. This is a reference under Section 66(3), Income-tax Act, 1922, made by the Commissioner of Income-tax, Ajmere-Merwara. The assessees in this case are a joint Hindu family carrying on business in the name of Kamal Nain Hamir Singh. The headquarters of this business is situate at Ajmere, but the firm has branches in other places, both in British India and in Native States, where money lending and other forms of business are carried on. The accounts of this firm have been for a long period maintained from Dewali to Dewali and the assessment in question is for the financial year 1932-33. A return of the income of this business for the year ending 10th November 1931 was submitted on 28th September 1932 for the purpose of assessment to income-tax for the year 1932-33. In this return the assessable income was shown as Rs. 1,54,601-6-7 and along with the return was submitted a profit and loss account which is printed as Appendix F at page 26 of the paper-book. This return was not...
Gurcharan Prasad and ors. Vs. Ali Sajjad
Court: Allahabad
Decided on: Sep-13-1938
Reported in: AIR1939All19
Collister, J.1. This is an application in revision by certain creditors in respect to an order which was passed by the Subordinate Judge of Jaunpur under the U.P. Agriculturists' Belief Act (Local Act 27 of 1934) on 10th July 1936. The opposite party are the judgment-debtors of the applicants. They executed a mortgage in 1911, the principal sum secured being Rs. 26,000. The rate of interest was 10 annas per cent, per mensem compoundable annually (equivalent to 7 1/2 per annum). On 29th January 1926, the mortgagees' suit upon the mortgage was decreed for Rupees 47,230-11-6. Rs. 19,000 had been realized before the suit, and it appears that after the decree a further sum of Rs. 36,000 was realized. The decree-holders then applied in execution with a view to realize the balance amounting to Rs. 38,000. The opposite party preferred an application purporting to be under Sees. 4 and 30, Agriculturists' Belief Act. Their prayer, as contained in paras. 7 and 8 of the application, was as follows...
Mohammad Tahar and anr. Vs. Mt. Intizar Fatima
Court: Allahabad
Decided on: Sep-13-1938
Reported in: AIR1939All25
Mulla, J.1. This is an appeal from an order passed by the learned Civil Judge of Aligarh in an execution proceeding upon an application made before him purporting to be under Section 47, Civil P.C., in the following circumstances : One Qismat Ali had two wives, Sardar Fatima and Ummat-ul-wahid. By the former he had a son Ali Athar and a daughter Alia Khatoon. By the latter also he had, son Mohammad Tahir and a daughter Aijaz Fatima. These two are the appellants in this Court. It appears that upon Qismat Ali's death some disputes arose between his heirs, and Sardar Fatima and her son Ali Athar instituted a suit against Dmmat-ul-wahid and her two children for a declaration that she was not a legally wedded wife of Qismat Ali and her children were consequently not legitimate children of Qismat Ali. This suit (No. 17 of 1929) was dismissed by the first Court and that decree was upheld in appeal by this Court. The result was that a decree for costs was passed in favour of Ummat-ul-wahid and...
Bulaqi Dass Vs. Pt. Gulab Chand
Court: Allahabad
Decided on: Sep-13-1938
Reported in: AIR1939All23
Mulla, J.1. This is an appeal from an order passed by the learned Civil Judge of Agra setting aside a sale held in an execution proceeding. It arises out of the following circumstances. The appellant Bulaqi Dass held a decree for ejectment, arrears of rent and costs against the respondent, Gulab Chand, and in execution of that decree he put to sale an oil press belonging to the respondent and purchased it himself. This sale took place on 8th April 1936. On that very date, but after the sale had been hold, the respondent made an application to the execution Court in which he alleged that he had made an application under Section 4, Encumbered Estates Act, which had been admitted by the Collector and upon which an order under Section 6 had been passed a rider that Act, and upon this allegation he claimed that in view of Section 7, Encumbered Estates Act, the order issued by the Court for sale of the property in question and the Kale carried out in pursuance of that order had become null a...
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