Allahabad Court November 1940 Judgments
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Rawat Raj Kumar Singh and ors. Vs. Benaras Bank Ltd. (In Liquidation) ...
Court: Allahabad
Decided on: Nov-13-1940
Reported in: AIR1941All154
ORDERBraund, J.1. This is a little application in the matter of the Benares Bank Ltd., (in liquidation). It is a very usual form of application, under Section 171, Companies Act. The facts, so far as they are material, are that in August 1939 the company obtained a decree - it does not matter what kind of a decree - against the applicant. On 13th December 1939 the applicant filed an appeal to this Court against that decree, making the company, of course, a respondent. On 1st March 1940 the company was ordered to be wound up by the Court and an official liquidator was appointed. The present application is an application by the appellant to the appeal for the leave of the Court to proceed with his appeal. That involves a consideration of Section 171, Companies Act. Section 171 of the Act is in these terms:When a winding up order hag been made or a provisional liquidator has been appointed no suit or other legal proceeding shall be proceeded with or commenced against the company except by...
Mt. Badrunnissa and ors. Vs. Municipal Board Through Executive Officer
Court: Allahabad
Decided on: Nov-11-1940
Reported in: AIR1941All153
Thom, C.J.1. This is a defendants' appeal arising out of a suit by the Municipal Board of Agra. The Board sued the defendants to recover the sum of Rs. 288 alleged to be due by the defendants in respect of arrears of taxes for the years 1922 to 1934. The prayer in the plaint is for the payment of this sum by the sale of property in respect of which the taxes are due. The learned Munsif granted a decree in respect of Rs. 238. The appellate Court however has granted a decree in respect of the full amount claimed, Rs. 288.2. The decision of the Court below is challenged upon the ground that the failure of the Municipal Board to present a bill to the defendants for the taxes due, in accordance with the provisions of Section 166, Municipalities Act, disentitles the Board from recovering any of the arrears of taxes from the defendants. Section 166 directs that after the assessment is passed with all convenient speed the Municipalities/should send a bill to the tax-payer. This, according to t...
Taqi HusaIn Vs. Hafizullah and anr.
Court: Allahabad
Decided on: Nov-08-1940
Reported in: AIR1941All92
ORDERCollister, J.1. This is a plaintiff's application in revision under Section 25, Small Cause Courts Act. The applicant sued the defendants upon a promissory note. The defence was inter alia that the promissory note was without consideration and that the Court at Ghaziabad had no jurisdiction. The learned Judge finds that the promissory note was for consideration, but that the defendants are tailors and are servants of the village community in that respect' and so under Section 7, Agriculturists' Belief Act, the suit ought to have been instituted at Bulandshahr where the defendants live. The learned Judge accordingly directed that the plaint be returned for presentation to the proper Court. The plea taken before me is that the Court below has erred in holding that it had no jurisdiction to try the suit. Section 2(2), Agriculturists' Belief Act, enacts thata person ordinarily living outside the limits of any Municipality who belongs to any of the classes o persons mentioned in Schedu...
Ram Dihal Vs. Badri
Court: Allahabad
Decided on: Nov-08-1940
Reported in: AIR1941All143
ORDERHamilton, J.1. This is an application in revision by one Ram Dihal against the order of the Sessions Judge, Mirzapur, who maintained the order of a Magistrate, first class, directing that a certain lorry be handed, over to Badri opposite party. This lorry was apparently purchased in Calcutta and Badri was the person who went there to effect the purchase and to take delivery of the lorry. He purchased it in his name but had it registered in the name of Bishnath as owner, he himself being entered as transferee. Bishnath remonstrated with the result that Bishnath himself was entered as transferee, so that ostensibly the owner of the lorry was Bishnath. This last entry was made on 20th June 1936. On 25th August 1938, Bishnath sold the lorry to the present applicant Ram Dihal and Ram Dihal was accordingly entered as the owner on the registration certificate on 31st August 1939; so Ram Dihal was the ostensible owner of the lorry. In 1939 Badri brought a suit against Bishnath for dissolu...
Firm Sheikh Wajid Ali Mohammad Rafiq Through Sheikh HusaIn Vs. Bengal ...
Court: Allahabad
Decided on: Nov-07-1940
Reported in: AIR1941All164
ORDERCollister, J.1. This is an application in revision under Section 25, Small Cause Courts Act. The applicant was the plaintiff in a suit to which the defendants were the Bengal & North Western Railway Company and the Bombay Baroda & Central India Railway Company. The facts may be briefly stated thus : A consignment of five packages of yarn was despatched to the plaintiff, three being sent by firm Nehal Chand Baldeo Sahai and two by Shambhu Nath. The consignment was despatched under risk note form H from the Gwaltoli station at Cawnpore to the address of the plaintiff at Ballia. On arrival the packages were found to be soiled with molasses, and the plaintiff accordingly instituted a suit for damages against the two railway companies. The learned Judge has dismissed the suit, finding that the defendant companies are not liable for any damages under the terms of risk note form H. He has mainly relied upon a decision of this Court in Ry. Co., Ltd. v. Lala Janki Prasad ('24) 11 A.I.R. 19...
In Re: Benares Bank Ltd. Benares Shri Nath Shah Vs. Official Liquidato ...
Court: Allahabad
Decided on: Nov-04-1940
Reported in: AIR1940All544
ORDERBraund, J.1. This is an application in the matter of the Benares Bank Ltd., in liquidation, which raises an interesting and a very important point. The facts are exceedingly simple. The applicant Sri Nath Sah, is admittedly a contributory of the Bank in respect of shares on which there is an uncalled liability. He was also at the date of the winding up order a depositor in the Bank to the extent of Rs. 5000. In addition to this, he had at the date of the winding up order an overdraft account with the Bank which was in debit to the extent of Rs. 3822-9-9. Put shortly, therefore, the applicant was a contributory of the Company, a creditor of the Company and a debtor to the Company. The list of contributors of the Company has been settled and the applicant's name is on it. The official liquidator has now called upon the applicant to pay to him the sum of Rs. 3822-9-9 due on his overdraft account. The applicant's answer is that he is entitled to satisfy it by setting it off against Rs...
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