Allahabad Court December 1942 Judgments
Dr. Brij Behari Lal Vs. Emperor Through Municipal Board
Court: Allahabad
Decided on: Dec-23-1942
Reported in: AIR1943All123
Collister, J.1. This is a reference by the Sessions Judge of Saharanpur, which arises out of the applicant's conviction under Section 307, Municipalities Act (2 of 1916). The history of the events which led upto the applicant's prosecution under the aforesaid section makes sorry reading. The applicant is Dr. Brij Behari Lal and he owns a compound within the municipal limits of Saharanpur. On 1st December 1930 he applied for permission to erect a building consisting of 48 apartments; and apparently he began to collect materials or do something of that kind, for we find that on 12th February of that year the executive officer submitted a report the substance of which was that the applicant should be informed that the matter was under consideration and that he should not start building until he obtained sanction; and it was further mentioned that upon a report by the sanitary inspector the applicant had been served with a notice under Section 186 of the Act. Three days later the applicant...
Tag this Judgment!Lala Nawal Kishore Vs. Municipal Board, Through Executive Officer
Court: Allahabad
Decided on: Dec-22-1942
Reported in: AIR1943All115
ORDERBraund, J.1. This is a second appeal raising a question of some little importance. I understand that upon the ultimate decision of this case depends the result of a considerable number of other cases in which Municipal Boards are seeking to enforce statutory charges against land and houses in the hands of purchasers. The facts are very simple. In April 1936 the defendant, Lala Newal Kishore, purchased the property in question at an execution sale held by the Court. It does not matter what sort of an execution it was. It is sufficient that the defendant was an auction purchaser at a court sale. He was given the usual certificate of sale. On 12th April 1937 this suit was started against him by the Municipal Board of Agra claiming a sum of money representing arrears of house and water tax on the property for a period beginning with 1st April 1925 and ending with 31st March 1937 that is to say for a period of 12 years. The ground upon which the Municipal Board made this claim against ...
Tag this Judgment!Firm Behari Lal Baij Nath Prasad, Through Baij Nath Prasad and ors. Vs ...
Court: Allahabad
Decided on: Dec-22-1942
Reported in: AIR1943All162
Collister, J.1. These are two connected appeals by a plaintiff. The plaintiff-appellant is a firm named Behari Lal Baij Nath Prasad and the defendant-respondent is the Punjab Sugar Mills, Ltd. The facts are these: On 26th September 1928 there was a contract between the parties under which the defendant agreed to supply 51,000 maunds of molasses to the plaintiff at the rate of rupee 1-2-3 per maund. Delivery was to be made at the rate of 5000 maunds per month from 1st December 1928 to 80th August 1929 and the balance of 6000 maunds was to be delivered in September of 1929. A dispute subsequently arose between the parties, as the plaintiff alleged that by June of 1929 the defendant' had supplied 8671 maunds only, leaving a balance of 26,329 maunds. This led to a second agreement, which was concluded on 19th July 1929 and under which it was stipulated that delivery would be duly made of 16,000 maunds, which had to be delivered under the first agreement, in July, August and September, and ...
Tag this Judgment!Mt. Ram Kali and ors. Vs. Pyare Lal
Court: Allahabad
Decided on: Dec-22-1942
Reported in: AIR1943All183
Allsop, J.1. We have before us two cross appeals by the plaintiff and defendants respectively against a judgment and decree passed in appeal by the learned District Judge of Allahabad. The suit which has given rise to these appeals was instituted for the recovery of some land with a house upon it. The allegation was that this land belonged to one Mata Bakhsh and was inherited at his death by his daughter, Ram Dei, who had a life estate. It was said that Ram Dei had died and that the plaintiff, Piary Lal, was the nearest reversioner. Piarey Lal set himself up as the son of Kallu who was the brother of Mata Bakhsh. The first question which arose was whether Kallu and Mata Bakhsh were brothers. The defendants had alleged that Mata Bakhsh was the son of Bansi whose widow had married Hanuman, the father of Kallu. The learned Judge of the lower appellate Court did not believe this story. He believed that Mata Bakhsh and Kallu were both sons of a man called Sitti whose widow married Hanuman. ...
Tag this Judgment!Edulji Meharbanji Boyce Vs. Lala Shyam Sunder Lal and anr.
Court: Allahabad
Decided on: Dec-21-1942
Reported in: AIR1943All192
Hamilton, J.1. This is an appeal against an appellate decision of the District Judge of Jhansi that modified a preliminary decree of the Court of the Civil Judge of Jhansi. There is little or no dispute as to facts but the parties do not agree as to what is their legal status on those facts. The plaintiff Edulji Meharbanji Boyce brought this suit against the defendants, Shiam Sunder Lal and his minor brother, Brij Mohan Lal, under the guardianship of Shiam Sunder Lal. He alleged that the parties were partners and he asked for accounts and for such a sum as might be found due to him after the taking of accounts. Defendants put in one written statement and, while admitting that there had at one time been a partnership, said that it was dissolved during the lifetime of their father. They asserted that they had submitted accounts for the years 1924 to 1936 and, on a reminder, also for the years 1911 to 1923 and, that they had offered a sum of Rs. 408-11-3 which the plaintiff would not acce...
Tag this Judgment!Madan Mohan Lal and ors. Vs. Nand Ram and ors.
Court: Allahabad
Decided on: Dec-18-1942
Reported in: AIR1943All156
Allsop, J.1. This appeal arises out of a suit instituted by the plaintiff on the basis of a deed of simple mortgage executed on 23rd July 1927, by Mohammad Raza, Muhammad Sher and Ahmad Ali. Muhammad Sher and Ahmad Ali were the first two defendants. Defendants 3 to 7, Mt. Batulan, Mohammad Ahmad Khan, Mohammad Mustafa Khan, Mt. Amna Begam and Mt. Alhamdu, were the heirs of Muhammad Raza. The other defendants were subsequent transferees. The property mortgaged consisted of two zamindari mahals and a bazar in Kamalganj. The defendants raised the plea that the mortgage deed had not been properly executed and that there, was no consideration for it, but these points were decided against them and learned Counsel no longer presses them. Defendants 8 to 14, Madan Lal, Durga Prasad, Ram Chandra, Gansi Lal, Madho Ram, Bhagwati Prasad and Hardeo claimed a right of priority under three mortgages executed on 21st April 1921, 10th August 1922 and 8th March 1926. Defendant 18, Bhajan Lal, claimed pr...
Tag this Judgment!Chaudhari Vikram Singh and ors. Vs. Lehri Singh and ors.
Court: Allahabad
Decided on: Dec-18-1942
Reported in: AIR1943All204
Bajpai, J.1. This is a plaintiffs' appeal and arises out of a suit for possession of zamindari property and mesne profits. The facts giving rise to this appeal are to a great extent undisputed and may be stated : On 23rd July 1934 Nawab Singh, defendant 3, and Babu Ram, father of Jaipal, defendant 4 mortgaged certain properties in favour of Lehri Singh, defendant 1 Girraj Singh, deceased brother of Lehri Singh and Narain Singh, defendant 2, for Rs. 3000. On 18th September 1924, a second mortgage was executed by the same persons in favour of the same mortgagees for Rs. 1300. The properties covered by the mortgages were in the village of Rori and in the village of Rasoolpur. On 7th August 1926, Nawab Singh and Babu Ram exchanged their properties which they had mortgaged for some properties in village Rasoolpur belonging to Randhir Singh and Vikram Singh plaintiffs, and the latter undertook the liability of paying the mortgages created by Nawab Singh. and Babu Ram. Suit No. 64 of 1930 was...
Tag this Judgment!Mufti Fakkhrul Islam Vs. Emperor
Court: Allahabad
Decided on: Dec-17-1942
Reported in: AIR1943All244
Iqbal Ahmad, C. J.1. This is an application in revision by Mufti Fakhrul Islam against his conviction under Rule 38(1)(a) and (5) read with Rule 34(6)(e) of the Defence of India Rules. The facts that led to the prosecution of the applicant are as follows : With a view to celebrate 'Pakistan Day', public meetings were organised and held on 23th March 1941, at numerous places under the auspices of the Muslim League, and one such meeting was held in Mohammad Ali Park in the city of Allahabad. Mufti Fakhrul Islam, the applicant who is a lawyer by profession and is the president of the local Muslim League, delivered a speech at the meeting in the course of which he warmly advocated the Pakistan scheme sponsored by the Muslim League and made certain observations, one. of which is the subject of consideration in the present case.2. A shorthand report of the speech was taken down by a shorthand reporter who was deputed to, and was present at, the meeting and on the basis of that report informa...
Tag this Judgment!Mt. Dasodia Vs. Gaya Pd. Minor Through Sadho Ram
Court: Allahabad
Decided on: Dec-16-1942
Reported in: AIR1943All101
Collister, J.1. This is a plaintiff's second appeal. The plaintiff appellant is Mt. Daaodia and the defendant-respondent is Gaya Prasad, the minor son of Sadho Ram. The suit was for recovery of property which had belonged to a man named Bal Govind, who died in 1920. At his death he left a widow, by name Mt. Sundaria, and three daughters, Mt. Dasodia--the appellant before us--Mt. Rukmania and Mt. Baj Kumari. Mt. Rukmania was married to Sadho Ram, father of the respondent. She predeceased her mother, who died in 1932. Mt. Raj Kumari died in 1934 without issue. The appellant is married to a man named Ram Kirpal and they have two sons. After the death of Mt. Sundaria the property passed to her two remaining daughters, namely the appellant and Mt. Raj Kumari, in equal shares with a right of survivorship inter se, and on the death of Mt. Raj Kumari the appellant would have succeeded to her share and would thus have had a life interest in the whole estate; but 17 or 18 days after the death of...
Tag this Judgment!Jamuna Prasad Vs. Raghunath
Court: Allahabad
Decided on: Dec-16-1942
Reported in: AIR1943All171
Bajpai, J. 1. This is a reference under Section 113, Civil P.C., by the Judge, Small Cause Court, at Hathras. The facts are that a suit was instituted in his Court on 6th July 1940 by Jamna Prasad against Raghunath Prasad on the basis of a bond executed by the latter on 28th September 1938. The bond was in the sum of Rs. 60 and interest was at the rate of Re. 1-2-0 per cent. per mensem. The bond was payable on demand. When the matter came before the learned Judge he felt that Sections 29 and 39, U. P. Agriculturists' Relief Act, were not reconcilable. He also thought that under the circumstances of the case interest did not accrue on the document at all. He further formulated another question of law for our decision. That question is as follows :Whether in view of the mandatory provisions of Section 39, Agriculturists' Relief Act, it is necessary that in every document a specific date should be provided for the repayment of the loan and also the rate of interest which shall prevail, if...
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