Allahabad Court December 1940 Judgments
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Emperor Vs. Nanua
Court: Allahabad
Decided on: Dec-04-1940
Reported in: AIR1941All145
1. This is an appeal by the Provincial Government against the acquittal of Nanua who was tried for the murder of Mt. Shyama said to have been committed on 12th October 1939 between Maupur and Bhaupur villages, District Aiigarh. Mt. Shyama lived in Maupur village which is less than half a mile from Bhaupur where the appellant resides, and during the day on 12th October she had gone to Bhaupur wearing some silver and gold ornaments and carrying a scale and weights and similar things as she used to do a little business in the neighbourhood of Maupur. She did not return after dark, and P.W. Raghubir, her nephew, with whom she lived, became anxious and went to look for her. At about 10-30 P. M., her corpse was found in a well which lay between Maupur and Bhaupur. The medical evidence shows that she had a contused wound on the bridge of the nose which had fractured the nasal bone, an incised wound on the left nostril, a punctured wound on the left cheek and four broken ribs on the right side...
Ahmad Sayeed Vs. Kanizak Zohra
Court: Allahabad
Decided on: Dec-04-1940
Reported in: AIR1941All157
ORDERCollister, J.1. This is a judgment-debtor's application under Section 25, Small Cause Courts Act. The opposite party in execution of her decree against the applicant attached, among other things, six sewing machines which were in the applicant's tailoring shop. It appears from the judgment of the Court below that two of these machines were released from attachment and that the applicant, thereafter sold them. The applicant claimed the release of the remaining four mactrines under Section 60(1)(b), Civil P.C., but his claim has been disallowed. The learned Judge says:He is now working elsewhere. One machine was enough for his livelihood and he had no business to sell the released machines.2. Section 60(1)(b), Civil P.C., enacts that 'tools of artisans' shall not be liable to attachment; it does not say that only such tools shall not be liable to attachment as are necessary for the maintenance of the artisan. An artisan is defined in Webster's New International Dictionary, Edn. 2 as...
Mt. Gainda Kuer Vs. Sradu Ram and ors.
Court: Allahabad
Decided on: Dec-04-1940
Reported in: AIR1941All174
Bajpai, J.1. This is an appeal by Mt. painda Kuer and arises out of a suit for the cancellation of a certain sale deed. The plaintiff in the litigation was Sardu Ram and the principal defendant was Mt. Gainda Kuer. There were two other defendants, Tarif Singh and Udho Ram, but they were more or less pro forma. It appears that there was a man by the name of Jugal Kishore. He had three sons, Tariff Singh, Udho Ram and Sardu Ram, in strict order of seniority. On 13th June 1927 a sale deed was executed by Tarif Singh and Udho Ram in favour of Mt. Gainda Kuer of certain house property. Tarif Singh in the sale deed purported to act on his own behalf and as the guardian of his minor brother Sardu Ram. He also called himself the karta of the family. The sale consideration was Rs. 15,800. The plaintiff Sardu Bam, within three years of his attaining majority, brought the present suit against Gainda Kuer for the cancellation of the sale deed executed by his elder brothers Tarif Singh and Udho Ram...
Radhey Shiam Vs. Nazir HusaIn and ors.
Court: Allahabad
Decided on: Dec-04-1940
Reported in: AIR1941All173
Collister, J.1. This is a defendant's second appeal. The suit was for a declaration that the plaintiffs own the site of a house which has been sold at auction in a decree against defendant 2 and has been purchased by defendant 1 and that they are entitled to receive one-fourth of the sale price as zar-i-chaharum. The suit was contested by defendant 1; it proceeded ex parte against defendant 2. The contesting defendant denied the plaintiffs' ownership of the site. He also denied the alleged custom generally and as regards auction sales in particular. The Courts below have found for the plaintiffs and have decreed the suit. The question before me is whether the right to zar-i-cha-harum is established. The learned Judge of the lower appellate Court says:Thus there are numerous agreements on record commencing from 1873 to show that one-fourth price has always been paid to zamindars. The documentary evidence is so abundant that it is unnecessary to deal with each document. In all of them th...
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