Allahabad Court March 1941 Judgments
Emperor Vs. Basant Lal and anr.
Court: Allahabad
Decided on: Mar-31-1941
Reported in: AIR1941All330
Mulla, J.1. This is an appeal by the Provincial Government against a finding of acquittal recorded by a Bench of Honorary Magistrates in a case in which two persons, Basant Lal and Earn Sanehi, who are the respondents in this appeal, were prosecuted by the police on a charge under Section 3, Public Gambling Act (3 of 1867). There can be little doubt about the facts of the case as found by the learned Magistrates. It appears from the evidence on the record that a warrant under Section 5 of the Act was issued by the Superintendent of Police, Etawah, to the City Kotwal, B. Eaghupal Singh, authorising him to search the shop of Basant Lal . Basant Lal keeps a cloth shop in the city of Etawah and Earn Sanehi, the other respondent, is employed at that shop as a servant. The police had received information that the shop was being used as a place for 'satta' gambling and had consequently obtained the warrant stated above from the Superintendent of Police. This warrant was executed on the evenin...
Tag this Judgment!Chaudhry Aidal Singh and anr. Vs. B. Mata Prasad and ors.
Court: Allahabad
Decided on: Mar-28-1941
Reported in: AIR1941All333
Verma, J.1. This is a petition for leave to appeal to His Majesty in Council against an order of this Court passed in P. A. F. O. No. 211 of 1938, remanding the case to the Court below with the direction that the respondents, if they had not already filed written statements during the pendency of the appeal in this Court, should be given an opportunity to file their written statements within a time to be fixed by the Court and, if the written statements were filed, to proceed to adjudicate upon the rights of the parties in accordance with the provisions of the U. P. Encumbered Estates Act (25 of 1934). The petitioners are landlords within the meaning of that expression in the U. P. Encumbered Estates Act. They filed an application under Section 4 of the Act and that application was in due course forwarded to the civil Court in accordance with the provisions of Section 6 of the Act. The petitioners, in their written statements filed under Section 8 of the Act, did not disclose the mortg...
Tag this Judgment!Firm Sahi Mal Manohar Das Vs. Mt. Iltifatunnisa Begam
Court: Allahabad
Decided on: Mar-27-1941
Reported in: AIR1941All293
Iqbal Ahmad, Ag. C.J.1. This is an appeal by a creditor arising out of proceedings under the U. P. Encumbered Estates Act (25 of 1934). Iltifatunnisa Begum, who is the respondent in the present appeal, applied under Section i, Enoumbered Estates Act, and the case was, in due course, forwarded by the Collector to the civil Court under Section 6 of the Act. One of the creditors mentioned in the application was firm Sahi Mai Manohar Das which is represented by the appellants in the present appeal. Iltifatunnisa, the applicant, had borrowed a sum of Rs. 7500 from the said firm on the basis of a mortgage deed dated 21st May 1913. The interest stipulated in the deed was at the rate of 11 annas per cent, per mensem com poundable with yearly rests. The property mortgaged was zamindari property, the Government revenue of which was Rs. 1516 and it is admitted on all hands that the security was more than sufficient for the debt advanced.2. The creditor put his mortgage into suit and the suit was ...
Tag this Judgment!Mt. Mohri Kunwar Vs. B. Keshri Chandra
Court: Allahabad
Decided on: Mar-26-1941
Reported in: AIR1941All298
Dar, J.1. On 18th August 1937 plaintiff, Mt. Mohri Kunwar, instituted a suit in the Court of Civil Judge of Earrukhabad for a declaration of title to a half share in a garden known as Pannilalwalabagh situated in the district of Parrukhabad. The claim was valued at Rs. 15,000 for purposes of jurisdiction and the court-fee was paid on the plaint such as is required for a suit in which relief is claimed of a declaratory nature. The defendant, Babu Keshri Chand, contested the suit and inter alia he raised a plea that the plaintiff was not in possession of property and the claim was barred by Section 42, SpecificRelief Act. As a result of this plea, the plaintiff on 16th August 1938 applied for amendment of plaint by praying that a relief be added in the plaint to the effect that if plaintiff be not deemed to be in possession of property possession might be awarded to her on payment of court-fee. This amendment was allowed on 17th August 1938 and on that date another order was passed stayi...
Tag this Judgment!B. Maharaj Kishore Khanna Vs. Benaras Bank Through Official Liquidator
Court: Allahabad
Decided on: Mar-26-1941
Reported in: AIR1941All335
ORDERBraund, J.1. This is an application under Section 171, Companies Act, which provides that, when a winding up order has been made...no suit or other legal proceeding shall be proceeded with or commenced against the company except by leave of the Court....2. In this case the present applicant, prior to the liquidation, prosecuted certain proceedings under the Encumbered Estates Act against the Benares Bank Ltd. Those proceedings resulted in a decree being passed in favour of the Benares Bank. The present applicant was dissatisfied with the amount decreed and, within the time permitted by law, filed an appeal against it. Unfortunately, however, before the applicant filed his appeal, the Bank had gone into liquidation. Now, several months later, he applies to me, sitting as the winding up Court, for leave, as he calls it in his petition 'to continue the appeal.' It is plain, I think, that the effect of the applicant launching his appeal against the Bank at a time when the Bank was alr...
Tag this Judgment!L.H. Sugar Factory Vs. Moti
Court: Allahabad
Decided on: Mar-24-1941
Reported in: AIR1941All243
Iqbal Ahmad, Ag. C.J.1. This is a reference under Section 60, Stamp Act, (Act II of 1899) by the Small Cause Court Judge of Pilibhit and the questions formulated by the learned Judge in the reference are as follows:(1) Whether the instrument dated 16th May 1936 is a 'bond' as defined under Section 2(5), Stamp Act, chargeable with the duty provided for under Article 15, Schedule 1 of that Act or is it an agreement for or relating to the sale of goods or merchandise exclusively covered by exemption (a) of Article 5, Schedule 1?(2) If it is a 'bond' whether the duty chargeable is that provided for under Article 15, Schedule 1, Stamp Act, or that provided for under Schedule 5, U.P. Agriculturists' Relief Act, even though the instrument is not registered, it being admitted that the executant is an 'agriculturist' within the meaning of the term under Section 2(1), U.P. Agriculturists' Relief Act?2. The learned Judgefelt doubt as to the amount of duty chargeable in respect of the instrument d...
Tag this Judgment!Nasir Khan and ors. Vs. Emperor
Court: Allahabad
Decided on: Mar-24-1941
Reported in: AIR1941All309
Allsop, J.1. This is an appeal by Nasir Khan, Ahmad Khan and Kallu Khan alias Kaluta, who have been sentenced to rigorous imprisonment for a period of five years each under Section 304 read with Section 34, Penal Code, for causing the death of one Ismail. It appears that Ajaib Khan and Easul Khan were two out of four brothers and that there was a dispute about property between them. In particular there was a dispute about possession over plot No. 637 in which the family had tenancy rights. There were suits between Rasul Khan and Ajaib Khan. In the course of one of these Ajaib Khan claimed that ho was in possession of plot No. 637 and a decree was passed in his favour. This decree was upheld in this Court. Eventually on the date when the incident is said to have taken place, that is, on 14th July 1939, it is said that Ismail, Ishaq and others were ploughing a field when the appellants and some of their associates came up and attacked them with lathis. There can be no doubt-indeed it is ...
Tag this Judgment!Abdul Haq and ors. Vs. ShamshuddIn and ors.
Court: Allahabad
Decided on: Mar-24-1941
Reported in: AIR1941All357
ORDERAllsop, J.1. This is a second appeal against a decree in a suit instituted against a mortgagee for the recovery of the property mortgaged. The question is how the court-fee should be calculated. The only dispute now is whether the mortgage could be redeemed before the expiry of a period of 15 years. There is no dispute about the amount of money which is to be paid. The Registrar, as taxing officer, has pointed out that the terms in the Court-fees Act as amended are conclusive. In Section 7 of the Act it is said:The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:.(ix) In suits against a mortgagee for the recovery of the property mortgaged, according to the principal money expressed to be secured by the instrument of mortgage.2. According to Section 2(v) the term 'suit' includes a first or second appeal from a decree in a suit. The part of Section 7 which I have just quoted if expanded according to this definition is in the ...
Tag this Judgment!Meghraj and ors. Vs. Sri Digambar JaIn Mandir and ors.
Court: Allahabad
Decided on: Mar-21-1941
Reported in: AIR1941All290
Dar, J.1. On 10th February 1915 a sale deed was executed by Buddhu, zamindar and Sangam Lal , lambardar and Jugla, rayaya of a house in khatta Pahladpur in favour of Shri Digambar Jain, khatta Pahladpur, whose managers were Man Singh, Niadar Mai and Ganga Saran for a sum of Rs. 300. Out of this consideration Rs. 290 were paid by Man Singh, one of the managers, before the Registrar and the sale deed contains a covenant that in case transferees are disturbed in possession or enjoyment of the property the said managers would have a right to recover the sale consideration from the vendors. The Jain temple in whose favour the sale deed was executed is a religious institution founded and maintained by the Jain community of khatta Pahladpur. After the execution of the sale the house was used as a panchaiti house by the Jain community for their charitable and religious purposes and for the accommodation of Sadhus. In or about the year 1934 this house or a considerable portion of it fell down a...
Tag this Judgment!Mohammad Yusuf and ors. Vs. Azim-uddIn and ors.
Court: Allahabad
Decided on: Mar-11-1941
Reported in: AIR1941All235
Dar, J.1. On 20th November 1934, Mohammad Husain a wealthy trader of Basra in Ballia district, died leaving a valuable estate, partly real and partly personal, and a widow Kulsum Bibi and three sons, Azim-uddin, Sharfuddin and Amjad Ali and one daughter Aisha by different wives. He also left unto him surviving two persons named Mohammad Yusuf and Abdul Hamid who were interested in his affairs. Mohammad Yusuf had been the mukhtar-i-am of Mohammad Husain for a long number of years and Abdul Hamid's son, Abdul Hasan, and his daughter Fakhrulnisa were married to Mohammad Husain's daughter Aisha and to Mohammad Husain's son, Sharfuddin respectively. On 4th November 1932, Mohammad Husain is alleged to have executed a deed of wakf by which he settled portion of his estate and by which he appointed himself and Mohammad Yusuf as, joint mutwallis to administer the settlement and after the death of Mohammad Husain, Mohammad Yusuf was to administer the settlement solely. On the death of Mohammad H...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »