Allahabad Court January 1940 Judgments
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Firm NaraIn Das Balkishan Das Vs. Munshi Muniruddin
Court: Allahabad
Decided on: Jan-02-1940
Reported in: AIR1940All203
Verma, J.1. This is an application for revision by the plaintiff, in a suit filed in the Court of Small Causes at Benares, against the decree of the Court dismissing the suit. Three persons, Nasiruddin, Muniruddin and Khabiruddin, executed a promissory note in favour of the plaintiff firm on 12th August 1934, agreeing jointly as well as severally to pay to the plaintiff on demand a certain sum of money at a certain rate of interest. Sometime in 1936, Nasiruddin and Khabiruddin made an application under Section 4, U.P. Encumbered Estates Act (25 of 1934), and the Collector passed an order under Section 6 of the Act on 6th November 1936. On 12th August 1937, the suit, out of which the application for revision has arisen, was filed against all the three executants of the promissory note, namely Nasiruddin, Muniruddin and Khabiruddin. The fact that Nasiruddin and Khabiruddin had made an application under Section 4 of the Act and that the Collector had passed an order under Section 6 having...
Saharanpur GraIn Chamber Ltd. Through Manager Sri Ram Gupta Vs. Mahara ...
Court: Allahabad
Decided on: Jan-02-1940
Reported in: AIR1940All233
ORDERThom, C.J.1. This is an application purporting to be under Sections 115 and 151, Civil P.C., and Section 10, Bar Councils Act. The applicants are the Saharanpur Grain Chamber, Ltd. and they pray that for the reasons given in their affidavitthe Court be pleased to set aside the order of the learned Civil Judge, Saharanpur, dated 16th September 1939, and direct the opposite party not to appear for the defendant in Suit No. 16 of 1938 of the Court of the Civil Judge, Saharanpur, and pass such other and further order as the Hon'ble Court may deem fit and proper.2. One Jagdish Prasad, who was the cashier of the Saharanpur Grain Chamber, Ltd., was charged under Section 408, I.P.C., with embezzling Rs. 7418. The accused was eventually acquitted, and in his judgment the learned Magistrate who tried the case observed that the remedy of the Saharanpur Grain Chamber, Ltd., lay more appropriately in the Civil Court and it was for them to institute proceedings by way of a suit for accounting a...
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