Allahabad Court May 1939 Judgments
Abid HusaIn Vs. Kunj Behari Lal
Court: Allahabad
Decided on: May-11-1939
Reported in: AIR1939All581
Verma, J.1. This second appeal arises out of execution proceedings. The first Court accepted the objections raised by the appellants but the lower Appellate Court has decided in favour of the decree, holder. The facts, as far as I can ascertain them from learned Counsel and from the record appear to be these. The respondent obtained against the appellant a final mortgage decree for sale on 28th April 1934. This decree declared that the amount payable to the decree-holder by the judgment-debtor up to a certain day was Rs. 788-14-0. This included costs incurred after the passing of the preliminary decree. No future interest was allowed by the decree. The first application for execution filed by the decree, holder is the one giving rise to the proceedings which have culminated in this second appeal. It purports to bear date 15th March 1936 but was filed in Court on 17th March 1937. Either the year 1936, written on the application for execution in two places and in one place on the 'fardta...
Tag this Judgment!Sheo Prasad and ors. Vs. Kalka Prasad Dhawan
Court: Allahabad
Decided on: May-10-1939
Reported in: AIR1939All617
Iqbal Ahmad, J.1. This is an appeal by Sheo Prasad and hia three minor sons and is directed against an order of the District Judge of Cawnpore rejecting an application filed by the appellants under Sections 5 and 30, Agriculturists' Relief Act, 27 of 1934. The application was made under the following circumstances : On 10th November 1930 Sheo Prasad on his own behalf and on behalf of his minor sons executed a simple mortgage deed in favour of Kalka Prasad, respondent, for a sum of Rs. 13,000. The parties to the mortgage deed appointed two pleaders as arbitrators to determine the amount to which the respondent was entitled on the basis of the mortgage. This reference to arbitration was without the intervention of the Court. Before the arbitrators the parties entered into a compromise and the arbitrators decided the dispute in accordance with that compromise. They passed a decree in favour of Kalka Prasad for a sum of Rs. 13,000 together with interest at a certain rate from the date of t...
Tag this Judgment!Sheo Pujan Kalwar Vs. Bishnath Kalwar
Court: Allahabad
Decided on: May-10-1939
Reported in: AIR1939All642
ORDERCollister, J.1. This is an application under Section 25, Section Order C. Act, against an order of the Court below restoring a suit. The date fixed for final decision was 12th May 1938. On that date the defendant appeared and. applied for an adjournment in order to file a written statement, and his application was allowed on condition that Rs. 2 were paid as compensation. The suit was adjourned to 12th July 1938, but on that date the defendant did not appear and the sum of Rs. 2 was not paid. The Court thereupon decreed the suit ex parte against the defendant. Thereafter the defendant applied for restoration, and ultimately on 27th August 1938 his application was allowed on payment of the original Rs. 2 as damages plus a further sum of Rs. 4. It is against that order that the present application has been referred. Two pleas are taken before me on behalf of the applicant. The first that the security which was furnished under Schedule 17(1), Provincial Small Cause Courts Act, was in...
Tag this Judgment!M.K. Lodhi Vs. Zia-ul Haq
Court: Allahabad
Decided on: May-09-1939
Reported in: AIR1939All588
Iqbal Ahmad, J.1. This is a reference by the Small Cause Court Judge of Saharanpur under Section 113 read with Order 46, Rule 1, Civil P.C., and the question that has been referred for decision is as follows:Whether the expression 'admitted in evidence' in Section 36, Stamp Act, means that the Court should have admitted the document after having consciously applied its mind to the question of sufficiency of stamp or whether it includes a case in which the question of sufficiency of stamp has escaped the notice, of the Court and the attention of the parties.2. The facts that led to the reference may shortly be stated as follows : In a suit for recovery of arrears of rent of a house or a a shop the plaintiff relied on a written acknowledgment made by the defendant in order to sail clear of the bar of limitation. This acknowledgment was unstamped. The case was heard first by Mr. Pran Nath Aga, Judge, Small Cause Court, who examined the plaintiff and during the course of the plaintiff's ex...
Tag this Judgment!Durga Prasad Vs. Mt. Tulsa Kuar
Court: Allahabad
Decided on: May-08-1939
Reported in: AIR1939All579
Bajpai, J.1. This is an execution second appeal by Durga Prasad who objected in the Courts below under Section 47, Civil P.C, to the execution of a decree. The facts giving rise to this appeal may be briefly stated. Mt. Tulsa Kuar, the respondent in this Court, obtained a decree for maintenance against Bindeshwari Prasad and some others. Bindeshwari Prasad was liable to pay half the amount of the maintenance and certain other defendants were liable to pay the other half. The decree was for arrears of maintenance and for future maintenance. It was provided that future maintenance which had been decreed to the plaintiff would be a burden (bar) on the house properties which were in the shares of Bindeshwari Prasad and Kali Prasad. The decree was put in execution against Bindeswari Prasad and the house in dispute was sold and was purchased by Durga Prasad, the appellant before us. It is of some importance to note that the sale was made expressly subject to Mt. Tulsa's right of future maint...
Tag this Judgment!Nandlal Bhandari Mills Ltd. Vs. Commissioner of Income-tax, Central an ...
Court: Allahabad
Decided on: May-08-1939
Reported in: AIR1939All593
Collister, J.1. This is a reference by the Commissioner of Income-tax, Central and United Provinces, under Section 66(2), Income-tax Act. There is a company at Indore known as the Nandlal Bhandari Mills, Ltd., Indore - hereinafter called the company - which is engaged in the manufacture of textiles. On 27th February 1922 a deed of agreement was executed whereby a firm known as Nandlal Bhandari & Sons were appointed secretaries, treasurers and agents of the company; para. 5 of that instrument provides as follows:The said firm shall, at any time hereafter upon the request in writing of the directors for the time being of the said company, but at the sole cost and charges of the said company, open and maintain in Indore or/and Bombay or/and elsewhere a shop suitable for the sale by retail of the cloth and yarn manufactured at the said company's mills, and shall from time to time out of the cloth and yarn manufactured at the said company's mills, supply the said shop with so much cloth and...
Tag this Judgment!G.A. St. George Vs. Uma Dutt Sharma
Court: Allahabad
Decided on: May-08-1939
Reported in: AIR1939All602
Mohammad Ismail, J.1. This is a reference by the learned District Magistrate of Muzaffarnagar with the following recommendations: (1) That the proceedings be quashed for the reasons that the tahsildar had no jurisdiction, as a Magistrate of the Second Class, to commit the accused to the Court of Session, and that, in any case, no Court of the Muzaffarnagar District has territorial jurisdiction to take cognizance; (2) or if it be held that the Courts in this district have territorial jurisdiction, that the proceedings be quashed in that there is no case made out by the complainant for the issue of process, or even for the purpose of further inquiry under Section 202, Criminal P.C.2. The facts that have given rise to this reference are somewhat unusual. The complainant is a legal practitioner of Ghaziabad, District Meerut. The opposite party, G.A. St. George is one of the directors of Messrs. Bennett Coleman & Co., Bombay. The Company edits two papers. One of them is known as the 'Illust...
Tag this Judgment!Nandlal Bhandari Mills, Ltd., Cawnpore, in Re.
Court: Allahabad
Decided on: May-08-1939
Reported in: [1939]7ITR452(All)
This is a reference by the Commissioner of Income-tax, Central and United Provinces, under Sec. 66(2) of the Indian Income-tax Act.There is a company at Indore known as the Nandlal Bhandari Mills Ltd., Indore - hereinafter called the Company which is engaged in the manufacture of textiles. On the 27th February, 1922 a deed of agreement was executed whereby a firm known as Nandlal Bhandari & Sons were appointed secretaries, treasurers and agents of the company. Paragraph 5 of that instrument provides as follows :'The said firm shall at any time hereafter, upon the request in writing of the directors for the time being of the said company but at the sole cost and charges of the said Company, open and maintain in Indore or/and Bombay or/and elsewhere a shop suitable for the sale by retail of the cloth and yarn manufactured at the said Companys mills, and shall from time to time out of the cloth and yarn manufactured at the said Companys mills supply the said shop with so much cloth and ya...
Tag this Judgment!Mt. Shafian Begam Vs. Mt. Kifiato
Court: Allahabad
Decided on: May-05-1939
Reported in: AIR1939All640
Collister, J.1. This is a plaintiff's second appeal arising out of a suit for partition of a house. The house originally belonged to a man named Hafizullah who died leaving a widow Mt. Kifayato, and a son, Mutiullah, and two daughters Mt. Mahmudan and Mt. Farmudan. On the death of Hafizullah the widow inherited a one-eighth share and the remaining 7/8th went to the son and daughters. On 12th June 1935, the son and the daughters sold their 7/8th share to the plaintiff and on 6th June 1935 the plaintiff instituted this suit against Mt. Kifayato for partition. The defence inter alia was that Mt. Kifayato was a member of an undivided family and so was entitled to purchase the 7/8th share which had been sold to the plaintiff. This plea was based on Section 4, Partition Act, and it has been given effect to by the Court below, the value of the house being assessed at Rs. 400. The only question in this appeal is whether or not the defendant should be deemed to be a member of an undivided famil...
Tag this Judgment!Parbhu Dayal Vs. Laldas Maganlal and ors.
Court: Allahabad
Decided on: May-05-1939
Reported in: AIR1939All643
Mohammad Ismail, J.1. This is an application by Pt. Prabhu Dayal under Order 39, Rules 1 and 2 find Section 151, Civil P.C. The facts that have been rise to this application may be briefly ntated. It appears that the applicant executed an equitable mortgage on 14th May 1930 in favour of Seth Lal Das for a large Hum of monoy. The properties hypothecated under this mortgage were situate within the United Provinces. On 9th October 1934 the applicant executed another mortgage in favour of Seth Lal Das and his wife. In this mortgage, some properties outside thin province were also included. The principal and interest due under the bond of 14th May 1930 formed part of the consideration of the latter mortgage. It was stated in the deed that in consequence of the execution of the second mortgage the first mortgage was satisfied and discharged. Under the terms of the mortgage deed the applicant was required to pay certain amount periodically on account of interest due under the mortgage. It is ...
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