Allahabad Court January 1940 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Mohammad Isa Vs. Nazim Husain
Court: Allahabad
Decided on: Jan-10-1940
Reported in: AIR1940All246
ORDERRachhpal Singh, J.1. These are two connected revision applications which can be conveniently disposed of together. In connexion with a murder charge Chhote Lal and Nazim Husain made statements before a Magistrate. Khan Bahadur Syed Muhammad Isa, the complainant, alleged that these statements were defamatory towards him and in connexion with them he filed complaints against Chhote Lal and Nazim Husain under Section 500, I.P.C. The learned trial Magistrate was of opinion that the complaints of the complainant were incompetent. According to his view, no case could be started against the two accused persons unless there was a complaint made by the judicial officer before whom the alleged defamatory statements were made. The two complaints were dismissed. The applicant filed revisions before the learned Sessions Judge who summarily rejected them. The applicant has now come up in revision before this Court.2. Two points arise for consideration in this case. The first is whether the stat...
L. Ram Charan Das Vs. Bhagwat Saran and ors.
Court: Allahabad
Decided on: Jan-10-1940
Reported in: AIR1940All467
Bennet, J.1. This appeal is brought by the decree-holder, Ram Charan Das against certain objectors, Bhagwat Saran, Ved Prakash and Rameshwar Prasad, a receiver. The appeal memorandum simply states that the appeal is against the decree of the Civil Judge of Moradabad dated 4th May 1938, and does not set out what relief is desired. The grounds of appeal deal with the case of Ved Prakash who was an objector and presumably the appeal is intended to be against the decree of the lower Court so far as it concerns Ved Prakash, The decree-holder had made an application for execution of the decree in Original Suit No. 60 of 1929 and F.A. No. 521 of 1930 in the High Court. The objection of Ved Prakash described as the minor son of Bhagwat Saran under the guardianship of one Babu Ram is that the decree was in no case passed against the objector and execution thereof cannot be taken out against him. This objection has been allowed by the Court below which has held that the decree in the suit is not...
Lala Indra Sen, in Re.
Court: Allahabad
Decided on: Jan-10-1940
Reported in: [1940]8ITR187(All)
IQBAL AHMAD J. - The following questions have been referred to this Court for decision by the Commissioner of Income-tax under Section 66 (2) of the Indian Income-tax Act, (XI of 1922) :-'(1) Was there any material on which it could be found that (a) the maintains of the racing stable, and (b) the series of betting transactions did not constitute 'business' of the assessee ?(2) If so, was the assessee in the face of such finding entitled to have the loss either (a) of Rs. 425 in the racing account, or (b) Rs. 7,458 in the betting account, or both losses, deducted from his assessable income for the year in dispute ?'I confess I have had considerable difficulty in dealing with the present reference and difficulty, though partly due to the obscurity in which the relevant provisions of the Income-tax Act are involved, is in a large measure attributable to the slipshod manner in which the matter under consideration has been investigated and dealt with by the Income-tax authorities, and in p...
Haidar Ali Vs. Emperor
Court: Allahabad
Decided on: Jan-09-1940
Reported in: AIR1940All201
ORDERRachhpal Singh, J.1. This is a revision application by one Haider Ali against his conviction under Section 498, I.P.C. The prosecution story was that one Mt. Kundania was the wife of Lachhman and she had been abducted by the accused with the intention of committing rape on her. The prosecution of the accused was started under Sections 366 and 376, I.P.C. The learned trial Magistrate came to the conclusion that these charges were not established. He however held that the accused had committed an offence under Section 498, I.P.C., and therefore convicted him of the same and sentenced him to rigorous imprisonment for a period of one year. The accused preferred an appeal against his conviction and sentence which was unsuccessful. He has now come up in revision to this Court. The question taken up by learned Counsel appearing for the applicant is purely legal. It has been contended that a person who is prosecuted under Sections 366 and 376, I.P.C., cannot be held to be guilty of having...
Seth Kishori Lal Vs. Th. Kalyan Singh and ors.
Court: Allahabad
Decided on: Jan-09-1940
Reported in: AIR1940All212
Bennet, J.1. This is an execution first appeal by Seth Kishori Lal, judgment-debtor, against an order of an execution Court refusing to stay execution of a mortgage decree. The Court below has set out the following facts and it is on these facts that learned Counsel Mr. Mital for the appellant has based his argument. Kishori Lal was the owner of two villages Somna and Arnia and he executed a mortgage of these two villages in favour of Kalyan Singh and others, decree-holders. Kishori Lal then sold Mauza Arnia to Bhagirath and he left the entire mortgage money due to Kalyan Singh and others to be paid by Bhagirath. Bhagirath executed a simple mortgage of Mauza Arnia to Gopi Lal or Gopi Nath and the mortgage deed provided that Gopi Lal would pay the entire mortgage debt due to Kalyan Singh and others. The money was not paid to Kalyan Singh, etc. Kalyan Singh, etc. brought a suit on the mortgage and obtained a decree. This decree was against Kishori Lal and also against Bhagirath and Gopi ...
Raghubar Dayal Vs. Kallu
Court: Allahabad
Decided on: Jan-08-1940
Reported in: AIR1940All231
Allsop, J.1. This second appeal arises out of a suit for malicious prosecution. The defendant, appellant, Raghubar Dayal, has a cousin Prabhu Dayal. Prabhu Dayal's wife by a previous marriage had a son Raja Ram and Raja Ram was married to the daughter of the plaintiff-respondent, Kallu. Raghubar Dayal was the victim of a theft of some ornaments from a box. He went to the police station and made a report of the theft stating at the same time that he suspected Raja Ram and the plaintiff Kallu. He gave as his reason that Raja Ram, owing to the relationship, had been in the habit of visiting his house and had often seen the women of the family taking clothes and ornaments out of the box, that Raja Ram had disappeared and that another person had told him that he had seen Raja Ram going off with a bundle. As for Kallu he said that Kallu had also been in the town on a visit and he had disappeared at the same time as Raja Ram. The police made an investigation on the basis of this report and th...
Mt. Lalita Twaif Vs. Paramatma Prasad
Court: Allahabad
Decided on: Jan-05-1940
Reported in: AIR1940All329
Ganga Nath, J.1. This is an appeal by an objector, Mt. Lalita, and arises out of proceedings under the Guardians and Wards Act. The application was made under Section 25 of the Act for the custody of the children. Paramatma Prasad opposite party (respondent) applied on the ground that he was the father of the children. The appellant denied that he was the father of the children. She also contended that she, being the mother of the children, was entitled to their custody. The learned District Judge has found that Paramatma Prasad is the father of the children and is entitled to their custody. The appellant has come here in appeal against the order of the District Judge.2. The first contention that was raised on behalf of the appellant was that the learned District Judge had no jurisdiction, inasmuch as the minors were living in village Shadiabad in Ghazipur District at the time when the application was made. Section 9(1) of the Act lays down:If the application is with respect to the gua...
Angne Lal and ors. Vs. Sidh Gopal and ors.
Court: Allahabad
Decided on: Jan-04-1940
Reported in: AIR1940All214
Iqbal Ahmad, J.1. This appeal arises out of a suit brought by one Pt. Angne Lal for the recovery of a sum of Rs. 4490 with pendente lite and future interest. Pt. Angne Lal's claim was dismissed by the Courts below and he preferred the present appeal. He died during the pendency of the appeal and his legal representatives were brought upon the record as appellants. The plaintiff based his claim in the Courts below on Section 69, Contract Act. It appears from the judgments of the Courts below that there was some discussion in those Courts of the question as to whether the principle of contribution which is embodied in Section 82, T.P. Act, had any application to the case, but in the present appeal the plaintiff's right to the amount claimed has been based solely and wholly on the provisions, of Section 69, Contract Act.2. The facts that led to the suit are as follows: On 3rd January 1919, one Jagat Sahai executed two mortgage deeds in favour of Har Dayal and others for a total sum of Rs....
Bohra Partap Chand Vs. Chuni Lal and anr.
Court: Allahabad
Decided on: Jan-03-1940
Reported in: AIR1940All225
Mohammad Ismail, J.1. This is a plaintiff's appeal arising out of a suit brought for recovery of Rs. 60 on account of interest under a bond dated 23rd November 1932. It appears that one Dungar Singh executed a sale deed in favour of Chunni Lal with respect to certain property on 23rd November 1932. Chunni Lal, in order to raise money to satisfy the sale consideration, executed a mortgage of the same property in favour of Bohra Partap Chand, the plaintiff in the suit. In the mortgage deed it was provided that the mortgage money would be realized from the hypothecated property only and that Chunni Lal would not be personally liable for the repayment of the money. Piare Lal, defendant first party, brought a suit to pre-empt the sale which was decreed on payment of Rs. 300 to Bohra Partap Chand, plaintiff, and Rs. 200 to Piare Lal, vendee. The decretal amount was deposited by Piare Lal, the pre-emptor. No provision in the decree was made for the repayment of interest pendente lite to the p...
Misri Lal and ors. Vs. CaptaIn Raja Durga NaraIn Singh and ors.
Court: Allahabad
Decided on: Jan-03-1940
Reported in: AIR1940All317
Allsop, J.1. This second appeal arises out of a suit in which the plaintiffs-appellants sought to recover a sum of Rs. 10 as damages for the price of a nim tree alleged to have been cut down by the defendants and also sought an injunction that the defendants should not interfere with the plaintiffs' possession over the plot of land upon which the tree was growing. The question of the tree is apparently of subsidiary interest. The main question is whether the plaintiffs have a title to the plot of land. It has been established that the plaintiffs bought a house with the site upon which it stood from Ram Dayal and Debi Dayal on 8th July 1891. The house has fallen into a state of ruin and the main question is whether the plaintiffs had any title to possession over the plot upon which the house stood and upon which, as it happened, the nim tree was growing. The Courts below have found that the plaintiffs have not been in possession of this site or plot of land for a very long period and th...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »