Allahabad Court August 1941 Judgments
Devi Prasad Sri Krishna Prasad Ltd. and anr. Vs. Secretary of State
Court: Allahabad
Decided on: Aug-29-1941
Reported in: AIR1941All377
Bajpai, J.1. This is an appeal against the judgment and decree of the Civil Judge of Dehra Dun dated 26th March 1935, by which the plaintiffs' claim for recovery of a sum of money was dismissed. Plaintiff 1, Devi Prasad Sri Krishna Prasad, Ltd, of Delhi is a limited liability company which was incorporated on 4th September 1931, with the object inter alia 'to enter into a contract of sale of forest produce with the Forests Officer, western circle.' Plaintiff 2 firm Devi Prasad Sri Krishna Prasad is a firm of Government Contractors in Delhi. The defendant is the Secretary of State for India in Council. On 21st May 1931, a sum of Rs. 25,000 was deposited by plaintiff 2 with Mr. V. A. Herbert, Conservator of Forests of the western circle who was-acting in the transaction on behalf of the defendant as security money for performance of a contract of lease and sale of forest produce. The plaintiffs, alleging that the contract for the performance of which the said sum was deposited remained i...
Tag this Judgment!Basdeo Singh Vs. Sheo Shankar Halwai and ors.
Court: Allahabad
Decided on: Aug-28-1941
Reported in: AIR1941All396
Iqbal Ahmad, C.J.1. This and the connected Letters Patent Appeals Nos. 34, 35 and 36 of 1939 arise out of four suits brought by Basdeo Singh and others, plaintiffs, for recovery of haq-i-chaharum, viz., one-fourth of the purchase price of certain houses. The plaintiffs in all the four suits were the zamindars. The houses were sold in execution of certain decrees against the ryots to whom the houses belonged and were purchased by certain persons. The ryots and the auction purchasers were impleaded as defendants to the suits. Three out of the four suits were tried by one Munsif whereas the fourth suit was tried by another Munsif. All the four suits were decreed by the trial Courts as against the ryots, but were dismissed as against the auction purchasers. Four appeals were filed by the plaintiffs in the lower appellate Court as against the decrees in the four suits. One of the defendants, Raghunath Kalwar, also filed an appeal against the decree in one of the suits (suit No. 459). There ...
Tag this Judgment!Lala Ram Das Vs. Nawab Ata Husain
Court: Allahabad
Decided on: Aug-28-1941
Reported in: AIR1941All397
Yorke, J.1. This is a second appeal in a suit for profits under Section 226, Agra Tenancy Act, by one of the cosharers against the lambardar. The plaintiff has in his possession plots of land having a total area of 12 1/4 bighas for the purpose of brick kiln, and a point was taken by the defendant lambardar that he was entitled to what he called deduction in respect of this land, that is, as if the land had been occupied by the plaintiff as khudkasht or as if the income which was thus obtained from the land was income which could be treated as sayar and taken into account in the annual settlement of accounts between the cosharers. This point does not seem to have been contrasted seriously in the trial Court but in the lower appellate Court it was raised and the learned District Judge of Cawnpore held that income of the nature under consideration was more akin to income derived from the matters set out in Sub-section (4) of Section 3, Agra Tenancy Act, 3 of 1926, i.e., sayar income than...
Tag this Judgment!Hafiz Mohammad Ismail and anr. Vs. Minicipal Board and ors.
Court: Allahabad
Decided on: Aug-27-1941
Reported in: AIR1941All392
Bajpai, J.1. This is an appeal against the judgment and decree dated 15th July 1935 of the Civil Judge of Benares by which the plaintiffs' claim for perpetual injunction restraining the defendants from construct, ing a building was dismissed. In the heart of the city of Benares, there was situated in the year 1929 a small cloth market called Naya Chowk which was the property of the Municipal Board of Benares. In the year 1929 the Municipal Board of Benares resolved to demolish the market and to reconstruct in its place a new one. During the course of pulling down of this market,' while the work of excavation was going on, on 6th January 1930 an old Hindu idol was found buried under ground and was excavated. Underneath this idol were the ruins of some old building or temple which became visible on excavation but were not actually unearthed. On the discovery of the idol the Hindu public of Benares desired to worship it and to house it in a temple to be constructed on the spot where the i...
Tag this Judgment!Mahant Som Giri Vs. Mahant Ram Ratan Giri and ors.
Court: Allahabad
Decided on: Aug-26-1941
Reported in: AIR1941All387
Iqbal Ahmad, C.J.1. The decision of this appeal depends on the answer to the question whether, in the events that have happened, Som Giri plaintiff, appellant was entitled to maintain the suit giving rise to the present appeal for recovery of the amount due on the basis of the mortgage deed in suit. The Court below answered this question in the negative and dismissed the suit. The mortgage deed in suit is dated 1st December 1932, and is for a sum of Rs. 10,300. It was executed in favour of one Mahant Swami Krishnanand Giri by the defendants, who are members of a joint Hindu family. The Court below held that due execution of the deed in suit by the defendants and the passing of consideration was proved. It also held that the deed was executed in lieu of an antecedent debt, and, as such, the family property of the defendants was liable for the debt due on the basis of the deed. No exception has been taken in the present appeal to these findings of the Court below.2. The suit was original...
Tag this Judgment!U.P. Government Vs. L. Manmohan Das and ors.
Court: Allahabad
Decided on: Aug-22-1941
Reported in: AIR1941All345
Iqbal Ahmad, C.J.1. The question referred for decision to this Full Bench is 'whether a 'charge' is or is not a 'transfer' within the meaning of Clause (2) of Section 9, Electricity Act (9 of 1910).' By that Act 'licensee' is defined as meaning 'any person licensed under part 2 to supply energy,' and it is provided by Clouse (2) of Section 9 that:The licensee shall not at any time assign his license or transfer his undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the Provincial Government.2. The penalty for violation of the mandatory provisions of Clouse (2) of Section 9 is prescribed by Clouse (3) of the same section in the following words:Any agreement relating to any transaction of the nature described in.... Sub-section (2), unless made with, or subject to, such consent as aforesaid, shall be void.3. The question whether the creation of a charge as distinguished from a mortgage, over the undertaking amounts...
Tag this Judgment!L. Babu Lal and ors. Vs. Babu Satya NaraIn Prasad and ors.
Court: Allahabad
Decided on: Aug-12-1941
Reported in: AIR1941All372
Dar, J.1. This is an appeal from a judgment and decree dated 23rd April 1935 of the Civil Judge of Allahabad by which the plaintiffs' claim for a sum of money was partly decreed and partly dismissed. In the year 1930 Sat Narain Prasad, a Hindu resident of Allahabad, was manager of a joint Hindu family consisting of himself and his five sons, his nephew Radhika Prasad and two ladies of the family, Mt. Rajeshwari Bibi and Mt. Shyama Bibi, the widows of Sat Narain Prasad's two deceased brothers Shiva Narain Prasad and Govind Prasad respectively. At that time the family stood possessed of considerable immovable property which was assessed to a Government revenue of over Rs. 15,000 and which yielded a net income of about Rs. 20,000 a year. The evidence in the case is somewhat vague and indefinite but it appears that Sat Narain Prasad at that time had incurred certain debts and had also sold portions of family property. What the nature of these debts was and for what purposes they were incur...
Tag this Judgment!Jagdish Prasad and anr. Vs. Pt. Paras Ram and ors.
Court: Allahabad
Decided on: Aug-11-1941
Reported in: AIR1941All360
ORDERBraund, J.1. This is an application which is, in my view, quite hopeless. It appears that a company called the General Transport Company Ltd. was incorporated in 1938 with shares divided into two classes, A and B respectively. The General Transport Company Ltd. was incorporated as a private company with articles of association which restricted the right of transfer in a not unusual form. Articles 16 to 22, inclusive, provide in a very usual way that, except in the case of a transfer by a member to an immediate relative, no member was to be entitled to transfer his or her shares without giving the directors an opportunity as therein provided for finding a purchaser or purchasers from among the existing members themselves. I need not set out the actual articles, because they are there to read and, in fact, nothing actually turns on them in this case. There then follows Article 23, which again is a very common form of article and which is the material one in this case. It is in these...
Tag this Judgment!Bharat Basi Naik and anr. Vs. Gopi Nath Naik and anr.
Court: Allahabad
Decided on: Aug-08-1941
Reported in: AIR1941All385
Bajpai, J.1. Pandit Gopi Nath Naik brought a suit against Chandi Prasad Naik, Bharat Basi Naik and Mt. Tapesra for the recovery of Rs. 26,327 on account of principal and interest on the basis of two promissory notes executed on 14th June 1931. One of them was executed by Chandi Prasad Naik defendant 1 and the other was executed by Bharat Basi Naik and Mt. Tapesra, defendants 2 and 3. Both were for Rs. 10,925 each. The suit has been decreed by the Court below against the three defendants in the following terms:The suit is decreed with costs in terms of relief para. 1 of the plaint. Interest pending suit and future to run at the usual rate of 6 per cent, per annum. Defendant 1 shall be liable for the sum decreed to the extent of a half share out of it. For the remaining half defendants 2 and 3 shall be liable. Defendant 2, however, shall further be liable for the sum decreed against defendant 1 to the extent of his interest in the family property.2. Against this decree Bharat Basi Naik a...
Tag this Judgment!L. Man Mohan Das and ors. Vs. Uinited Provinces and ors.
Court: Allahabad
Decided on: Aug-06-1941
Reported in: AIR1941All367
Iqbal Ahmad, C.J.1. This is an application for leave to appeal to His Majesty in Council against an order of this Court dated 5th May 1941, rejecting an application dated 21st January 1941. The application just mentioned was filed by L. Manmohan Das and purported to be under Section 151, and Order 47, Civil P.C., and under Section 202, Companies Act, and the prayers contained in the application were as follows: 1. That this Courtbe pleased to direct the U.P. Government to carry out the undertaking given by it in regard to the continuance of electric license and the purchase of the undertaking of the Lower Ganges and Jumna Electricity Distributing Company Ltd. (in liquidation) or alternatively to give the directors and the trustees for the debenture-holders an opportunity to oppose the application for winding up by setting aside the order for winding up passed by this Court on 19th March 1937 and 7th April 1937.2. That this Courtbe further pleased to restrain the Official Liquidators of...
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