Allahabad Court March 1943 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Panchoo and anr. Vs. Ram Sunder and anr.
Court: Allahabad
Decided on: Mar-11-1943
Reported in: AIR1943All294
ORDERMulla, J.1. This is an application in revision under Section 25, Small Cause Courts Act. The applicants here were the defendants in the Court below. The suit was brought by the opposite parties, Ram Sunder and Kandhai, to recover a certain amount which, they alleged, they had lent to the defendants under two mortgage deeds, one dated 7th October 1918, and the other 12th September 1920. The case put forward by the plaintiffs was that when the two mortgage deeds were executed they were put in possession of two occupancy plots by the defendants and they continued to be in possession of those plots up till the year 1347 Fasli when their possession was forcibly ousted by the defendants. They alleged that when they were thus dispossessed they brought a suit to recover possession under Section 9, Specific Relief Act. That suit was dismissed on the ground that they were never in physical possession of the property within six months of the suit. In the course of that suit, it appears that ...
Ambika Nath Vs. Chhedi Nath
Court: Allahabad
Decided on: Mar-10-1943
Reported in: AIR1943All273
ORDERYorke, J.1. This is an application in revision under Section 25, Provincial Small Cause Courts Act, by the defendant against whom a decree has been given for Rs. 77 odd on foot of a pronote dated 17th June 1935 for Rs. 42. The rate of interest given in the pro-note is Rs. 2 per cent., per mensem but the plaintiff's claim was based on a reduced rate of Re. 1-4-0 per cent., per mensem. The defendant took a number of pleas in regard to the execution of the pronote and he further pleaded that he was a workman and therefore entitled to the benefits of Section 9, U. P. Debt Redemption Act. The learned Judge of the Small Cause Court found that the pronote was duly executed by the defendant and upon the plea that the defendant was a workman as contemplated by Section 2, Clause (20)(a), Debt Redemption Act, he held in the following terms: 'I do not think that a compositor working in a press would be a workman in the city of Allahabad.' Learned Counsel for the applicant has pointed out that...
Jagdamba Prasad and ors. Vs. Ram Das Singh and anr.
Court: Allahabad
Decided on: Mar-10-1943
Reported in: AIR1943All288
ORDERMulla, J.1. This is an application in revision under Section 25, Small Cause Courts Act. The applicants here were defendants in the Court below along with two others named Balli Singh and Bansidhar. The suit was based upon a sarkhat. It was alleged in the plaint that Balli Singh was the manager and karta of the family to which the defendants belong. Balli Singh is the father of the present applicant Ram Barai Singh and the brother of the other two applicants Jagdamba Prasad and Sita Ram Singh. Balli Singh admitted the execution of the sarkhat. The present applicants did not put in an appearance. The suit was decreed by the learned Small Cause Court Judge on 13th March 1936. The decree was personal against Balli Singh and against the family property so far as the other defendants were concerned. On 27th May 1941, an application was made by the present applicants under Order 9, Rule 13 for having the decree, dated 13th March 1936, set aside. It was alleged in the application that th...
ibrar HussaIn Vs. R.B. Kunwar Sardar Singh and anr.
Court: Allahabad
Decided on: Mar-10-1943
Reported in: AIR1943All306
1. This is an appeal against a judgment and decree, dated 18th March 1939 of the Civil Judge of Moradabad in a suit for declaration that the decree passedin the election petition case No. 2 of 1937--of the Court of the District Judge of Naini Tal--was contrary to law and unenforceable and not fit to be executed.2. On 13th January 1930, the plaintiff Sardar Singh was elected Chairman of the District Board of Moradabad. A few days later on 28th January 1936, a petition was filed by Chhotey Lal and Ram Kumar challenging his election and this petition was referred for decision to Mr. Hamilton by the Local Government under Section 850, District Boards Act. One of the charges on which the election of Sardar Singh was challenged related to certain corrupt practices which were indulged in the election, and a question arose whether an enquiry could be directed in this matter in deciding the election petition; and by an order, dated 28th November 1936, Mr. Hamilton held that evidence, was permis...
Emperor Vs. Parmanand Rai and ors.
Court: Allahabad
Decided on: Mar-09-1943
Reported in: AIR1943All233
Iqbal Ahmad, C. J.1. This and the connected application in revision No. 840 of 1942 are two criminal applications in revision by the Provincial Government and arise under the following circumstances: On 14th August 1942, a mob set fire to the Notified Area Office at Mau with the result that the records and the building were destroyed. Two separate cases arising out of this occurrence were sent up by the police under Section 436, Penal Code. There were ten accused in one case and one accused in the other. Both the cases were tried by Mr. Masudul Hasan ostensibly acting as a Special Magistrate under ordinance No. 2 of 1942. He convicted all the accused in both the cases and sentenced each of them to two years' rigorous imprisonment, and one of the accused, Radha Raman, was also ordered to pay a fine of Rs. 500.2. Two appeals were filed by the convicted persons 'in the Court of the Sessions Judge exercising the powers of Special Judge at Anamgarh' and the appeals were headed as appeals 'u...
Ram Raj Singh Vs. Rajendra Singh and anr.
Court: Allahabad
Decided on: Mar-09-1943
Reported in: AIR1943All247
Iqbal Ahmad, C. J.1. I agree with my brothers Allsop, Ismail and Dar that the mortgage made by Balkaran Singh in 1927 was valid and that both the appeals must fail. That there is considerable and almost alarming conflict of judicial opinion on the questions of law that arise for decision in the present appeals admits of no doubt and, accordingly, the principle of stare decisis cannot be invoked in the decision of these appeals. The relevant case law has been noticed in detail in his judgment by my brother Dar and I, therefore, refrain from entering into a discussion of those cases. It is, however, manifest that the divergence of judicial opinion in this province on the questions involved has led to considerable confusion, and it is about time that the Legislature should step in and prevent that confusion from becoming worse confounded. My reasons for arriving at the conclusion indicated above are briefly as follows :The right of transfer is a fundamental incident attaching to every des...
Lala Brij Bhukan Saran and ors. Vs. Budh Sen
Court: Allahabad
Decided on: Mar-09-1943
Reported in: AIR1943All318
Allsop, J.1. This appeal arises out of an order passed by the Special Judge, First Grade of Moradabad, in the course of proceedings under the Encumbered Estates Act. Lala Budh Sen, the respondent, was one of the creditors of the applicants, Lala Brij Bhukan Saran and others. He claimed a sum of Rs. 5921-1-0 on the basis of a simple mortgage. The applicants maintained that the amount due was only Rs. 4625. They relied upon a decree passed under the Agriculturists' Relief Act in which that amount was fixed in accordance with the compromise between the parties. The learned special Judge held that he was not bound by the decree under the Agriculturists' Relief Act because it was a decree inconsistent with the provisions of Section 14, Encumbered Estates Act.2. It is urged in appeal on behalf of the applicants that it was held by this Court in Agha Syed Ayud Ali Shah v. Kali Charan ('41) 28 A.I.R. 1941. All. 400 that a decree under the Agriculturists' Relief Act should be taken as the basis...
Haji Inam Ullah Vs. Mohammad Idris
Court: Allahabad
Decided on: Mar-08-1943
Reported in: AIR1943All282
ORDERMulla, J.1. This is an application in revision by the judgment-debtor in an execution proceeding. It is directed against an order passed by the learned District Judge of Kumaon on 11th October 1941, in appeal from an order passed by the Civil Judge, Naini Tal, dated 30th July 1941. The facts of the case may briefly be stated as follows: In the year 1939 one Raghubir Saran obtained a decree against the applicant, Haji Inamullah and putting that decree into execution brought four houses to sale. The auction sale was held on 20th June 1941, and the property mentioned above was purchased by the respondent Mohammad Idris. Under Order 21, Rule 85 Civil P.C. it was incumbent upon the respondent, Mohammad Idris to deposit the full amount of purchase-money payable by him on 15th day from the sale of the property, that is, on or before 5th July 1941. It appears from the judgment of the learned District Judge that the purchase- money was in fact deposited by the respondent on 21st July 1941,...
Lala Asa Ram and ors. Vs. Lala Ram Chander
Court: Allahabad
Decided on: Mar-03-1943
Reported in: AIR1943All285
Dar, J.1. This is an appeal by the defendants in a suit under Section 221, Agra Tenancy Act (3 of 1926), brought by a lambardar against two cosharers for recovery of revenue paid by the lambardar on behalf of the cosharers. The plaintiff, Ram Chander, and the defendants Asa Ram and Shib Saran Das are cosharers in khewats Nos. 1 and 2 of mohal Barumal in village Kota in Saharan-pur district and the plaintiff, Ram Chander, is the lambardar of the mohal. On 15th July 1938 the plaintiff, Ram Chander, raised an action in the Court of the Assistant Collector, First Class, Saharanpur, under Section 221, Agra Tenancy Act, alleging that for the years 1342 to 1344 F., the plaintiff paid the revenue which the defendants were liable to pay for their share of the said two khewats and consequently he claimed a decree for a sum of Rs. 2527-12-6 against the defendants.2. The trial Court decreed the claim with regard to khewat No. 1 but dismissed the claim with regard to khewat No. 2 holding that the p...
Abu Sufian Khan and ors. Vs. Mohd. Rashid Khan and ors.
Court: Allahabad
Decided on: Mar-01-1943
Reported in: AIR1945All186
Plowden, J.1. This appeal arises out of a second appeal No. 622 of 1938 in which the Hon'ble the Chief Justice on 13th October 1939, allowed the appeal and returned the record to the lower appellate Court with instructions to 'dispose of the case according to law and in the light of the above directions.' Two questions arise before me now. The plaintiff-appellants purchased a share corresponding to 3 annas 7 pies in the property but according to some family arrangement between the appellant's transferor and his mother and brother, the transferor was given a third share of the rent of this property. It was argued that the appellants should, therefore, be given the same one-third share. I do not think that the arrangement made between members of the same family about rent of this small property should affect the transferee whose share should depend on the amount he has actually purchased. The other question is whether the appellants should be allowed to set off the rent six monthly from ...
- ‹ Prev
- 1
- Next ›