Allahabad Court April 1943 Judgments
Baldeo Das on Behalf of Kamlapati Tewari Vs. Emperor
Court: Allahabad
Decided on: Apr-30-1943
Reported in: AIR1943All331
ORDERIqbal Ahmad, C. J.1. This is an application under Section 491, Criminal P. C, and was filed on 27th April last by one Baldeva Das with a view to secure the release of Pt. Kamlapati Tewari from detention under an order purporting to be made under Rule 26 of the Defence of India Rules. The application is supported by an affidavit which shows that Kamlapati Tewari, who is a member of the Legislative Assembly, United Provinces, attended a meeting of the All India Congress Committee at Bombay and, on his return journey from Bombay was arrested at the Allahabad Railway Station on the night of 10th August 1912, and is at present detained under Rule 26. Sir Tej Bahadur Sapru, who appeared for the applicant, contended that Rule 26 of the Defence of India Rules was invalid and submitted that it had been so held in a recent case by the Federal Court. On 27th April I adjourned the hearing of the application to this date to enable Sir Tej Bahadur Sapru to file a certified copy of the judgment ...
Tag this Judgment!Raja Ram Vs. Joti Prasad and anr.
Court: Allahabad
Decided on: Apr-22-1943
Reported in: AIR1943All319
Hamilton, J.1. This is an appeal by a defendant, Raja Ram, against a decision of the learned Civil Judge of Meerut. The plaintiff, Joti Prasad, brought a suit alleging that he was the adopted son of Munshi Lal and claimed the property detailed in the plaint of which admittedly Munshi Lal was the last male owner. Munshi Lal died leaving two widows, Mt. Chhajia and Mt. Jagni and the plaintiff alleged that Munshi Lal had executed a written authority which is Ex. 9, to the widows to adopt him Joti Prasad. He alleged that he had actually been adopted by the widows. The learned Civil Judge decreed the suit and the appellant's counsel has repeated what was stated in the written statement, namely, that the document purporting to be authority to adopt is a forgery and that consequently the widows had no authority and in any case they did not adopt the plaintiff; and finally if they did so the adoption was invalid because adoption by two widows together is not permitted by Hindu law. The defenda...
Tag this Judgment!Mewa Ram Vs. Ch. Karan Singh and ors.
Court: Allahabad
Decided on: Apr-22-1943
Reported in: AIR1943All327
ORDERCollister, J.1. This is a plaintiff's revision under Section 25, Small Cause Courts Act. The opposite party was defendant 1 to the suit. Defendants 2 to 4 were his tenants in an occupancy holding. He ejected them under Section 79, Agra Tenancy Act of 1926. On 7th January 1938 he admitted the applicant to the vacant holding on a rent of Rs. 36 per annum. He also took from him a nazrana of Rs. 300 as consideration for conferring occupancy rights upon him under Section 17 of the Act. The applicant thereafter built a masonry well in the holding. Subsequently the U. P. Tenancy Act was passed, which came into force on 1st January 1940, and, in accordance with the provisions of Section 294 of that Act, the ejected tenants--that is to say defendants 2 to 4--were restored to the holding and the applicant was thereby dispossessed. The applicant then raised this action for recovery of Rs. 500. Of this, Rs. 300 re-presented the nazrana and Rs. 200 was alleged to represent the cost of building...
Tag this Judgment!Firm Chunni Lal Mansa Ram Through L. Vidya Ram Vs. Firm Sheo Prasad Ba ...
Court: Allahabad
Decided on: Apr-22-1943
Reported in: AIR1943All370
Yorke, J.1. This is a plaintiff's appeal. The plaintiff, Firm Chunni Lal Mansa Ram, which carries on business in molasses at Agra, sued to recover damages to the extent of Rs. 20,655 odd with interest, Rs. 227 odd, and earnest money amounting to Rs. 500 deposited with the defendant along with interest amounting to Rs. 9 odd, a total of Rs. 21,892 odd, on the allegation that the defendant, Firm Sheo Prasad Banarsi Das, Bijnor, (through its proprietor) had without justification broken the contract entered into by the latter for the supply to the former of 80,000 mds. of molasses. The plaintiff's case, put shortly, was that on 4th December 1938 the plaintiff firm and the defendant firm, through their proprietors, entered into a contract for the purchase by the plaintiff and supply by the defendant Sugar Mills of 50,000 mds. of molasses (sheera) at the rate of 1 anna 3 pies per maund. It was agreed that the delivery of the molasses would be taken by the plaintiff in 12 equal monthly instal...
Tag this Judgment!Harish Chander Vs. Emperor
Court: Allahabad
Decided on: Apr-21-1943
Reported in: AIR1943All277
Iqbal Ahmad, C. J.1. This is an application under Section 491, Criminal P. C. and the prayer contained in the application is that an order be passed directing that the applicant be set at liberty. The applicant is one Harish Chandra who was a student of the Medical College, Benares Hindu University. The applicant is a resident of Kaimganj in the District of Farrukhabad. He was arrested at Rudain Railway Station on 6th November 1942, under the orders of Raza Ahmad Rizvi, Circle Inspector of Police, Parrukhabad, and has been in custody ever since. Various applications for bail were presented on behalf of the applicant in the Court of the Magistrate and of the Sessions Judge, but those applications were rejected. The application filed by the applicant was supported by an affidavit and it was stated in the affidavit that 'the applicant is a respectable young man and is not previous convict for any political activity' and that 'the applicant is being wrongfully detained under pretext of Sec...
Tag this Judgment!Mt. Kaura Devi Vs. Mt. Indra Devi
Court: Allahabad
Decided on: Apr-19-1943
Reported in: AIR1943All310
Allsop, J.1. Mt. Indra Devi, the plaintiff-respondent, instituted the suit which has given rise to this appeal in order to obtain a declaration that she was entitled to the estate of Raghubans Puri deceased consisting of moveable and immovable property including the village of Kharkhari. She based her claim on the admitted fact that she was his daughter by his first wife, Mt. Janki, and on the allegation that there had been no valid marriage between him and the defendant-appellant, Mt. Kaura Devi, who claimed to be his widow. The learned Judge of the Court below found, in the first place, that Raghubans Puri and Mt. Kaura Devi had not gone through a form of marriage and, in the second place, that such a marriage, even if it had taken place, would have been invalid for two reasons, namely, that Raghubans Puri was insane at the time and that there could be no legal marriage between a man who was admittedly a grihasth Goshain and a woman who was admittedly a born Rajput. All the learned J...
Tag this Judgment!B. Chhaddami Lal Vs. L. Har Sarup
Court: Allahabad
Decided on: Apr-13-1943
Reported in: AIR1943All305
ORDERMulla, J.1. This is a defendant's application in revision under Section 25, Small Cause Courts Act. The opposite party, Lala Har Sarup, brought a suit against the defendant-applicant on the basis of a pronote for Rs. 500. The pronote was executed in June 1995, that is, after the coming into force of the Agriculturists' Relief Act. The suit was instituted in September 1941. It was alleged in the plaint that the plaintiff had received several payments on account of interest amounting to Rs. 360 from the defendant-applicant and on that basis it was claimed that the amount due under the pronote was Rs. 500 as principal money and Rs. 113 by way of interest. The defendant-applicant resisted the suit on the ground that the plaintiff had not given him a copy of the pronote as required by Section 39, Sub-section (1), Agriculturists' Relief Act, and hence no interest accrued on the debt. He further pleaded that the plaintiff had failed to comply with the imperative provisions of Section 32,...
Tag this Judgment!Thakur Raghubir Singh Vs. Madan Lal and ors.
Court: Allahabad
Decided on: Apr-13-1943
Reported in: AIR1943All299
Plowden, J.1. There is a preliminary objection to this appeal which must prevail. According to the U. P. Tenancy Act, 1989, Section 265 (2), an appeal shall lie to the Commissioner from the decree of a Collector or Assistant Collector of the first class in all suits included in Group B of Schedule 4. This suit is included in Group B. According to Section 265 (3) 'an appeal lies to the District Judge ... in all suits in which a question of jurisdiction has been decided and is in issue in appeal.' There was an issue in the Assistant Collector's Court whether this suit was triable in the Court of that particular officer. This issue was decided in his own favour by the Assistant Collector who referred to an order from the Collector. This was one of the grounds of appeal but apparently it was not pressed because there is no mention of it in the Civil Judge's judgment. Presumably, the appellant did not care to argue in the Civil Judge's Court that the Assistant Collector who had tried the ca...
Tag this Judgment!Mathura Prasad Vs. Shriman 108 Rawal Sahib of Shri Kedar Nath
Court: Allahabad
Decided on: Apr-12-1943
Reported in: AIR1943All303
ORDERMulla, J.1. This is an application in revision under Section 115, Civil P. C. The application arises out of a miscellaneous proceeding under the Succession Act (39 of 1925). The applicant, Mathura Prasad, is the minor son of one Sada Nand who at one time was the manager of a temple known as Shri Kedar Nath in the district of Garhwal. In that capacity Sada Nand withdrew a sum of Rs. 2000 belonging to the temple fund on 24th July 1935. On 27th July 1935, he deposited a sum of Rs. 750 in the name of himself as manager, Shri Kedar Nath temple, in the Post Office Savings Bank, Guptkashi. A case under Section 408, Penal Code, was instituted against him in respect of that sum of Rs. 2000 and he was eventually convicted and that conviction was finally maintained by this Court. In his defence in the criminal case, Sada Nand stated that the sum of Rs. 750 which he had deposited in the Guptkashi Post Office Savings Bank really belonged to the Shri Kedar Nath temple and that he had deposited ...
Tag this Judgment!Qazi Ghulam Amir Vs. Mt. Masuda Khatun and ors.
Court: Allahabad
Decided on: Apr-12-1943
Reported in: AIR1943All321
Verma, J.1. This appeal arises out of proceedings under the United Provinces Encumbered Estates Act (25 of 1934), in which the appellant, Qazi Ghulam Amir, was the landlord-applicant under Section 4 of the Act. In order that the questions that arise for decision may become clear, it is necessary to mention certain names and facts. The appellant's wife is Mt. Razia Khatun, who is respondent 8 in this appeal. They had a son, Ghulam Nazir, who was a Munsif. Ghulam Nazir first married Mt. Masuda Khatun, respondent 1, and had by her three daughters, Zhakia Khatun, Rafaat Khatun and Shaukat Khatun, who are respondents 2 to 4 in this appeal. He subsequently married Mt. Rashida Khatun, who is respondent 5, and had by her two sons, Hasan Amir and Ali Amir, who are respondents 6 and 7. On 30th November 1932, respondent l, Mt. Masuda, instituted in the Court of the Subordinate Judge of Budaun Suit No. 40 of 1932 against her husband, Ghulam Nazir, for the recovery of a sum of Rs. 25,500 on account...
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