Allahabad Court September 1939 Judgments
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Fateh Singh Vs. Emperor Through Bishamber Sahai
Court: Allahabad
Decided on: Sep-20-1939
Reported in: AIR1940All92
ORDERMulla, J.1. This is an application in revision by one Fateh Singh challenging the jurisdiction of the Criminal Courts at Meerut to try a case in which he is charged with an offence under Section 409, Penal Code. The case has been instituted against the applicant and four others upon a complaint made by one Bishamber Sahai in his capacity as the sales manager of a sugar mill styled Ram Luxman Sugar Mill situated in Mohiuddinpur within the district of Meerut. The applicant and his co-accused are alleged to be the proprietors in partnership of a firm styled Jani Singh Dwarka Das which carried on the business of commission agents at Amritsar. As the decision of the question of jurisdiction raised by the applicant turns to a very considerable extent upon the allegations contained in the complaint it is necessary to set them out in extenso. The relevant paragraphs of the complaint are as follows:1. That the accused as partners of the Firm Jani Singh Dwarka Das were known from before to ...
Bajrangi Lal and ors. Vs. Shaharyar Khan and ors.
Court: Allahabad
Decided on: Sep-20-1939
Reported in: AIR1940All83
Iqbal Ahmad, J.1. This is a defendants' appeal arising out of a pre-emption suit filed by two persons named Shaharyar Khan and Rahman Khan in respect of a sale deed dated 9th November 1935. The sale deed was executed by defendants' second party in favour of Munshi Bajrangi Lal, defendant 1 in the suit. By the deed, the following three villages in taluka Bara were transferred to the vendee: (1) the entire 16 anna village Bara, (2) the entire 16 anna village Firozpur, being one of 'dakhli' villages to taluqa Bara; and (3) the entire 16 anna of mahal Munshi Raja Madho Lal, village Rohni being one of the 'dakhli' villages of taluqa Bara.2. The suit giving rise to the present appeal was for pre-emption of the third village mentioned above. The entire sale consideration was Rs. 1,40,000 and it was found by the Court below that the proportionate price of village Rohni was Rs. 5250. There is no dispute in the present appeal about the proportionate price attributable to village Rohni. The plain...
Mukat Lal and ors. Vs. Raghuraj Singh and ors.
Court: Allahabad
Decided on: Sep-19-1939
Reported in: AIR1940All22
Bennet, J.1. F.A. No. 167 of 1938 is by the defendant against a decree by the Civil Judge of Bulandshahr under the Agriculturists' Relief Act. Grounds 1 to 3 of appeal allege that the calculation of the amount due from the defendant to the, plaintiff is incorrect. The plaint set out that the suit was brought on two promissory notes which were in two series of separate transactions. Promissory note No. 1,-dated 24th March 1930 for Rs. 1,00,000, lent to defendant by plaintiff's firm at the rate of 12 annas per cent, per mensem with compound interest at six-monthly rests. Promissory note No. 2 of 14th March 1933 for Rs. 1,29,900-5-0, that is, the total due on No. 1, the rate of interest specified only as 12 annas per cent, per mensem, that is, this was at simple interest. No. 3, a promissory note of 6th March 1936 for Rs. 1,54,714 in lieu of No. 2. This was also specified with 12 annas per cent, per mensem, that is, simple interest. This was one of the notes in suit. Promissory note No. 4...
Mohammad Asghar Ali and ors. Vs. Sh. Mohammad Ishaq Ali and anr.
Court: Allahabad
Decided on: Sep-19-1939
Reported in: AIR1940All72
Ismail, J.1. This is a defendant's appeal arising out of a suit brought for a declaration that the property described in the plaint was attachable and saleable in execution of decree No. 252 of 1928 and that the plaintiff was entitled to get rateable distribution out of the sale proceeds under other decrees in his favour. A declaration was prayed for that the two sale deeds of 22nd February 1934 executed by Hamid Ali in favour of Asgar Ali and others were ineffectual and void as far as the decrees in favour of the plaintiff were concerned. The suit was resisted by the defendant inter alia on the ground that the suit as framed was not maintainable inasmuch as it was not a representative suit on behalf of or for the benefit of all the creditors. The trial Court dismissed the suit on the preliminary ground that the suit as framed was not maintainable. The lower Appellate Court however took a contrary view and held that this was a suit under Order 21, Rule 63, Civil P.C., and the reliefs c...
Shibba Mal and anr. Vs. Gulab Rai
Court: Allahabad
Decided on: Sep-18-1939
Reported in: AIR1939All735
Thom, C.J.1. This is a defendants' appeal arising out of a suit for dissolution of partnership and rendition of accounts. The appeal is against the order of a learned Single Judge of this Court who disposed of the case in second appeal. In August 1931 the plaintiff, defendant 1, and one Lachhman Das entered into a partnership. In November of the same year, Laohhman Das left the partnership and one Nanak Chand came in; in June 1932, Nanak Chand left the partnership and defendant 2 became a partner. Differences arose between defendants 1 and 2 and the plaintiff, and) in consequence the plaintiff filed the present suit for dissolution of the partnership and for accounts. The main defence to the suit was that inasmuch as the partner, ship was not registered in accordance with law the plaintiff was not entitled to a decree for accounts in view of the provisions of Section 69, Partnership Act. The suit was decreed by the learned Munsif. In appeal however it was dismissed in the lower Appella...
Mt. Kutika Kuer Vs. Sridhar Misir and ors.
Court: Allahabad
Decided on: Sep-15-1939
Reported in: AIR1939All733
Mohammad Ismail, J.1. The facts that have given rise to these connected appeals may be briefly stated. Mt. Kutika Kuer, plaintiff, brought a suit for a declaration that the house described in the plaint was not saleable in execution of the decree in favour of the respondent Sridhar Misir. The suit was dismissed by the trial Court. The plaintiff appealed from the decree of the Court of first instance. At the instance of the respondents on 8th August 1936 the Court directed the appellant to furnish security within a fortnight. It is not necessary to refer to various applications and orders that were made after the passing of the order on 8th August 1936. Ultimately the appellant furnished security of immovable property. The respondent raised objections to the sufficiency of the security and the Court fixed 13th February 1937 for the disposal of the objection. On the date fixed, no one appeared on behalf of the appellant to prove that the security furnished was in compliance with the orde...
Hardwari Mal Harnath Das Firm Vs. Municipal Board
Court: Allahabad
Decided on: Sep-15-1939
Reported in: AIR1939All736
Verma, J.1. This is plaintiffs appeal and arises out of a suit brought by him for a declaration that the defendant, the Municipal Board of Dahra Dun, had no authority to levy 'terminal tax or octroi' on such Roods of the plaintiff as were received by him at the railway station of Dehra Dun and were then taken by him to his shop at Rajpur which is beyond the municipal limits of Dehra Dun, and were neither 'kept nor sold' within the municipal limits of Dehra Dun for a perpetual injunction restraining the defendant from levying such a tax on the goods mentioned above; and the recovery of a sum of Rs. 86-0-6 which the Municipal Board had realized from the plaintiff between 28th March and 9th August 1933, as terminal tax on such goods. Both the Courts below have agreed in dismissing the suit.2. Section 128(1), Clause (xiii), U.P. Municipalities Act, (2 of 1916) provides that, subject to any general rules or special orders of the local Government in this behalf a municipality may impose 'a t...
israr HusaIn Vs. Emperor
Court: Allahabad
Decided on: Sep-15-1939
Reported in: AIR1939All730
ORDERMulla, J.1. This is an application under Section 491, Criminal P.C., by one Israr Husain who has been arrested by the District Magistrate of Basti under a warrant issued by the Political Agent of Bhopal in accordance with Section 7, Extradition Act, (Act No. 15 of 1903). The applicant was until 11th May 1938 in the service of the Bhopal State as a Nazir and it appears that the State has preferred a charge against him under Section 409, I.P.C., which id the law of that State also. An offence under Section 409, I.P.C., is an extraditable offence within the meaning of Section 7, Extradition Act, inasmuch it is one of the offences mentioned in Schedule 1 to the Act. It is not alleged that the applicant is not a person against whom a warrant can be issued under Section 7, Extradition Act. Nor is there any allegation that there is any formal defect in the warrant itself. The whole basis of the present application is the allegation that the Political Agent before issuing the warrant in q...
Kastori Singh and ors. Vs. Pati Ram
Court: Allahabad
Decided on: Sep-15-1939
Reported in: AIR1940All16
Thom C.J.1. This is a decree-holders' appeal against the decision of a learned single Judge of this Court. The decree-holders filed a suit in which they claimed an order for the demolition of a house. They obtained decree but on 18th July 1934 they entered into a compromise with the judgment-debtor. Under the terms of the compromise the judgment-debtor was to be allowed to retain the house in suit and in consideration of giving up their rights under the decree the decree-holders were given a sum of money. The decree-holders, three days after entering into the compromise, applied for the execution of their decree. The judgment-debtor objected and pleaded the compromise. The Court of first instance and the lower Appellate Court disallowed the objection. In second appeal however the objection has been upheld and the application for execution has been dismissed.2. It was contended for the appellants that in fact no compromise had been concluded. The appellants are not entitled to take this...
Ghasitoo Mal Vs. Asa Ram
Court: Allahabad
Decided on: Sep-15-1939
Reported in: AIR1940All17
Bennet, J.1. This is a second appeal by the plaintiff who has been granted a decree for profits by the Revenue Court and who appealed in regard to a claim of his for a share of the profits of the sir land and the learned District Judge dismissed that appeal. The circumstances are that in a particular khewat number the defendant Asa Ram was the sole owner and he had 32 bighas of sir in his possession. He executed a sale deed for one-sixth share of the zamindari rights in this khewat number to the plaintiff. Proceedings were taken under Section 36, Land Revenue Act, for assessing the rent on the exproprietary holding for the years in suit the plaintiff brought a suit for arrears of exproprietary rent against defendant. In that suit the plaintiff claimed the whole of the exproprietary rent. Actually, in accordance with the various rulings of this Court the plaintiff was only entitled to one-sixth of the exproprietary rent because in accordance with those rulings the exproprietary tenant i...
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