Allahabad Court September 1941 Judgments
Parbhoo and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-16-1941
Reported in: AIR1941All402
ORDERBraund, J.1. This is a criminal appeal which though not in itself a matter of major importance, raises a question which, to my mind, is of such far-reaching consequence that it appears to me to be my duty to refer it to the Chief Justice with a recommendation that it be put up before a Full Bench of the Court. In order to explain the point which is causing me so much trouble I cannot avoid setting out some of the facts. It appears that, owing to the shifting of the course of a certain river, a piece of land had during the last few years appeared. It is this land which is the subject of the dispute which gave rise to the quarrel, and ultimately ended in the fight, which is the subject-matter of the present charge. In order to put the matter in the smallest possible compass, it is enough to say that there were two rival sets of claimants to the land which had been thus exposed by the changing of the river's course. For the sake of convenience these two rival sets of claimants can be...
Tag this Judgment!Punjab National Bank Ltd. Vs. Vishwa Nath Khanna and ors.
Court: Allahabad
Decided on: Sep-09-1941
Reported in: AIR1941All363
Dar, J.1. This is an appeal against a judgment and decree, dated 26th September 1938, of the Special Judge, First Grade of Cawnpore, by which the landlords' liability under a joint debt has been determined and apportioned under Section 9, U.P. Encumbered Estates Act (25 of 1934). Kailash Nath Khanna, resident of Cawnpore, and Moti Lal Daya Ram, resident of Calcutta, had borrowed a large sum of money from the Punjab National Bank Ltd. For the recovery of the debt due to the Punjab National Bank Ltd., the bank brought a suit (No. 380 of 1925) in the Court of the Subordinate Judge of Cawnpore against Kailash Nath Khanna and Moti Lal Daya Ram. On 5th November 1925, a decree was passed in favour of the bank against Khanna and Moti Lal Daya Ram for a sum of Rupees 44,397-10-9. The decree against Khanna was based upon a compromise and against Moti Lal Daya Ram it was ex parte. In an execution case (No. 443 of 1927) which later on arose between Khanna and the Punjab National Bank Ltd., this Co...
Tag this Judgment!Bajrang Sahai Vs. Mt. Mulia
Court: Allahabad
Decided on: Sep-05-1941
Reported in: AIR1941All399
Allsop, J.1. This is a second appeal arising out of a suit for ejectment from a plot of land and the buildings standing upon it. The Courts below passed a decree in favour of the plaintiffs who claimed to be the owners of the land. The defendant was a transferee from the heirs of one Bijai who is said to have been the tenant of the plot. Some evidence was produced by the defendant to prove that there was a condition that the lease of the land should be a permanent one, but the Courts below have disbelieved it. The Courts have believed the statement of a woman who described herself as Bijai's wife that Bijai was the tenant of the land paying rent and the rent was increased four times in a period of 15 years. From this they have drawn the conclusion that Bijai was an ordinary lessee of the land.2. Learned Counsel for the appellant has argued that there is a rule of law that a lease of land for building purposes is a permanent lease. This proposition seems quite contrary to the provisions...
Tag this Judgment!Agha Syed Ayub Ali Shah Vs. Kali Charan
Court: Allahabad
Decided on: Sep-02-1941
Reported in: AIR1941All400
Dar, J.1. This is an application in revision against an order dated 20th May 1938 of the District Judge of Bulandshahr by which he has affirmed an order of the Special Judge of Bulandshahr dated 23rd November 1937 on a claim made by a landlord for reduction of interest on a loan in proceedings under Encumbered Estates Act. Agha Syed Ayub Ali Shah is a landlord in Bulandshahr District who made an application under the Encumbered Estates Act. Numerous creditors were made parties to these proceedings and one of them was Kali Charan. Kali Charan held two mortgages of the year 1933 which carried an interest of 10 1/2 per cent, compoundable yearly. It appears that prior to the proceedings under the Encumbered Estates Act, proceedings took place under the Agriculturists' Relief Act between Agha Ayub Ali and Kali Charan under Section 33 of the Act and the amount due to Kali Charan under these mortgages as well as the interest to which Agha Ayub Ali Shah was liable was determined and a decree w...
Tag this Judgment!- ‹ Prev
- Next ›