Allahabad Court August 1939 Judgments
Chiranji Lal and ors. Vs. Chheda Lal and ors.
Court: Allahabad
Decided on: Aug-31-1939
Reported in: AIR1940All8
Iqbal Ahmad, J.1. This and the connected First Appeal No. 381 of 1935 arise out of two rival pre-emption suits filed in the Court of the Civil Judge of Agra. Both the suits were disposed of by Mr. Raghunath Prasad Trivedi by one judgment and we also propose to decide the two appeals by one judgment. The sale deed sought to be pre-empted was executed on 9th October 1933, by one Shib Sahai in favour of Chiranji Lal and his four brothers. One of the brothers of Chiranji Lal is a man named Mangalia Ram. The following four items of property were conveyed by the sale deed: (1) Share in village Jagner Panwar, mahal Shib Sahai. (2) Share in village Bhawanpura, mahal Shib Sahai. (3) A decree for arrears of rent for Rs. 125; and (4) arrears of rent of the zamindari share sold with respect to 1342 Fasli.2. The consideration entered in the sale deed was a sum of Rs. 8000. The sale deed was registered on 24th November 1933. On 14th November 1934, Bohra Chheda Lal, who is respondent in First Appeal ...
Tag this Judgment!Mt. Kunjlas Kunwar and ors. Vs. Krishna Deo Singh and ors.
Court: Allahabad
Decided on: Aug-30-1939
Reported in: AIR1940All121
Bennet, J.1. This is a first appeal by Mt. Kunjlas Kuer and 15 other defendants against a decree for redemption granted in favour of Krishna Deo Singh and other plaintiffs by the learned Civil Judge of Allahabad. The plaint set out that there was a usufructuary mortgage dated 25th February 1848 executed by Badal Singh, guardian and 'sarbarakar' of Bharat Singh minor, the mortgagor, in favour of Mahadeo Prasad and Karanpuri Goshain, mortgagees. The amount of the mortgage money was Rs. 13,001. There was to be no interest but profit would go in lieu of interest and redemption might be made in Jeth of any year. The mortgaged property was set out in sch. A of the plaint and had become altered by a partition to the property in sch. B. Para. 3 of the plaint alleged that Bharat Singh only owned one-quarter of the property mortgaged and the remaining three-fourths was owned by Mt. Gulab Kuer and Uttam Kuer and with their consent the name of Bharat Singh was recorded for the entire property and ...
Tag this Judgment!Vishwanath Prasad Jallan and anr. Vs. Holyland Cinetone Ltd.
Court: Allahabad
Decided on: Aug-23-1939
Reported in: AIR1939All739
ORDERAllsop, J.1. This is an application by Vishwanath Prasad Jallan and Piare Lal Srivastava containing three prayers, namely (1) that the register of the members of the Holyland Cinetone Co. Ltd., should be rectified and that the names of the applicants should be included in the said register, (2) that it be declared that the applicants are still directors and members of the company, and (3) that it be declared that the action taken after 26th January 1936 is void and illegal and does not bind the company and its share-holders. It is admitted that the first prayer only can be granted under the provisions of Section 38, Companies Act. This Court cannot give the other declarations asked for and I may say at once that the application in so far as it asks for those declarations is hereby rejected. There re-mains the question whether the names of the applicants should be entered in the register of the members of the company. In order to understand the dispute between the parties it is nec...
Tag this Judgment!Krishna and Co., in Re.
Court: Allahabad
Decided on: Aug-18-1939
Reported in: [1939]7ITR513(All)
ORDERThis is an application by Messrs. Krishna & Co., under Section 66(3) of the Indian Income-tax Act praying that the Commissioner of Income-tax be directed to refer certain questions of law, to be presently stated for decision to this Court. The facts that led to the present application are as follows :-The assessee, Messrs. Krishna & Co., is a registered firm carrying on business in the district of Bareilly. The assessee does various kinds of business including the taking of contracts for making constructions. The assessee was called upon to make a return of its income for the year 1934-35 and in the return submitted by it, it was stated that the assessee had in the year in question undertaken a contract for the construction of certain buildings for a concern styled as 'Kesar Sugar Works, Baheri' and that, the contract having been executed, a bill of charges due to the assessee amounting to Rs. 1,15,199 was submitted to the proprietors of Kesar Sugar Works, but the Kesar Sugar Work...
Tag this Judgment!In Re: Benares Bank Ltd.
Court: Allahabad
Decided on: Aug-17-1939
Reported in: AIR1939All726
ORDERAllsop, J.1. This is an application filed on 11th July 1939 that this Court should pass an order under Section 277-N, Companies Act staying the commencement or continuance of all actions and proceedings against the applicants for a period of one year with liberty to apply for an extension of time. The application is made on behalf of the Benares Bank, Ltd. A learned Judge of this Court passed an interim order during the vacation on 12th July 1939. He had before him a report of the Registrar of Joint Stock Companies as required by Sub-section (2) of Section 277-N. This report recommended that proceedings should be stayed as contemplated by Section 277-N for a period of four months upon certain conditions and the learned Judge passed an order accordingly, but he directed that notice should be published in certain newspapers which he indicated and that the matter should be put up again before me after a month so that any creditors or depositors might make objections to the applicatio...
Tag this Judgment!Bhagwati Prasad Vs. Dullan Singh and anr.
Court: Allahabad
Decided on: Aug-16-1939
Reported in: AIR1939All719
Thom, C.J.1. This is a defendant's appeal in a suit for possession of certain zamindari property. The property in suit was mortgaged by one Manohar Singh in the year 1905. The mortgage was a usufructuary mortgage in favour of Jwala Singh. The plaintiff Dullan Singh claims the property as a reversioner. The contesting defendant Bhagwati Prasad, vakil, is a sub-mortgagee of Jwala Singh's mortgagee rights. In the year 1921, the mortgagee Jwala Singh instituted a suit for sale against Manohar Singh. During the pendency of the suit Manohar Singh died and his minor son Ajab Singh was brought upon the record. The dispute between the parties was eventually compromised and decree was passed in terms of the compromise. The decree was one under Order 34, Rule 5, and the decretal amount was Rs. 450. The defendant Bhagwati Prasad took a mortgage of Jwala Singh's mortgagee rights as already observed and also over other property of Jwala Singh in the year 1913. He brought a suit upon his mortgage aga...
Tag this Judgment!Balwant Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Aug-15-1939
Reported in: AIR1939All693
ORDERMulla, J.1. This is an application in revision by 5 persons who have been convicted by a Magistrate of the First Class of an offence under Section 452, I.P.C. As the sentences passed upon them were not appealable they went up in revision to the learned Sessions Judge of Meerut, but with no success. They have now come up in revision to this Court. The case against the applicants was based upon a complaint made by one Bakhtawar Singh. It was clearly alleged in the complaint that the five applicants had come in a body armed with lathis to a gher which was in the occupation of the complainant and threatened to kill him and forcibly turned his cattle out and put their own cattle in. The gher as described by the complainant was used as a dwelling place and also as a place for the custody of property. The case was sent for an enquiry under Section 202, Criminal P.C., to a Second Glass Magistrate who after recording the evidence of the complainant and three other witnesses reported that t...
Tag this Judgment!Ram Khelawan and Sahu Thakur Das, in Re.
Court: Allahabad
Decided on: Aug-15-1939
Reported in: [1939]7ITR607(All)
ORDERBy our order dated the 13th of January 1938 we directed the learned Commissioner of Income-tax, Central and United Provinces, to formulate a question of law which we thought arose out of the assessment of Ram Khelawan Thakur Prasad, a Hindu undivided family, for 1932-33 and then to refer the same for our decision. In pursuance of that direction the learned Commissioner has submitted a statement of the case and has sought our decision on the following question :-'Whether the assessment made by the Income-tax Officer was based on evidence upon which he was empowered to act and whether it is in accordance with the provisions of Section 13 of the Act ?'The fact are that the Income-tax Officer of Gorakhpur was holding an enquiry in connection with the assessment of the assessee mentioned above in the assessment year 1932-33 and in that connection he had to compute the profits or gains of the assessee for the year of account ending with Dasehra 1988 corresponding to October 1931. A retu...
Tag this Judgment!Brahma Nand Misra Vs. Emperor
Court: Allahabad
Decided on: Aug-11-1939
Reported in: AIR1939All682
ORDERMulla, J.1. This is an application in revision by one Brahmanand Misra from an order passed against him under Section 514, Criminal P.C., forfeiting a portion of a bond executed by him in the following circumstances : The applicant was one of several candidates for a seat on the Cawnpore Municipal Board at an election held in December 1936. A man named Ganga Kishan acted for him as well as for another candidate as an identifier of the voters who came to the polling station and asked for ballot papers. It appears that a man accompanied by Ganga Kishan came to the polling station and called for a ballot paper in the name of one Madan Kahar. He was identified in the ordinary course by Ganga Kishan, but his effort to obtain a ballot paper did not succeed because an objection was taken on behalf of another candidate to the effect that the man was falsely personating another voter whose name was entered in the list. The objection was upheld by the Presiding Officer who happened to be a ...
Tag this Judgment!Rani Dhandei Kuer Vs. Fatma Zuhra and ors.
Court: Allahabad
Decided on: Aug-11-1939
Reported in: AIR1939All698
Ganga Nath, J.1. This is a plaintiff's appeal against the decision of a learned Single Judge of this Court. The appeal arises out of a suit brought by her against the defendants-respondents and Mt. Zenab Bibi, since deceased, for an injunction to restrain thorn from allowing a grain market to be conducted on their plot No. 683 in mauza Dilawarpur and not to open any bazar in the said village or at any other place in tahsil Madiahun, and to recover Rs. 50 for damages. The plaintiff's case was that under the terms of an award made in 1884 between Durga Prasad, predecessor, in-title of the plaintiff, and Mohamad Mehdi, predecessor-in-title of the defendants, the defendants were precluded from allowing any market to be conducted in these villages. The defendants contended inter alia that the award was invalid, that they were not bound by it and that they were entitled to hold the market on their land. Both the lower Courts decreed the suit. On appeal by the defendants to this Court the lea...
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