Allahabad Court October 1944 Judgments
Kunwar Shri Krishna Alias Lad Singh Vs. Brahma Swarup and ors.
Court: Allahabad
Decided on: Oct-27-1944
Reported in: AIR1945All217
ORDERMulla, J.1. This is an application in revision arising out of a proceeding in execution of a decree for arrears of profits. The applicant, Kunwar Shri Krishna, is the judgment-debtor. It appears that he is the lambardar of a mahal in which the opposite parties, Brahma Swarup and others are cosharers. The opposite parties brought a suit for arrears of profits under Section 226, Agra Tenancy Act, 3 of 1926. Sometime after the institution of that suit the present applicant, Kunwar Shri Krishna, made an application under Section 4, Encumbered Estates Act, which was in due course sent by. the Collector for disposal to the Special Judge. It is admitted that the period regarding which the suit for profits was instituted by the opposite parties was prior to the date of the application under the Encumbered Estates Act. The suit for profits ended in a degree on 31st October 1938. When this decree was put into execution by the opposite parties, the present applicant raised an objection that ...
Tag this Judgment!Raja Suryapal Singh Vs. Wahid Ali
Court: Allahabad
Decided on: Oct-25-1944
Reported in: AIR1945All238
ORDERMalik, J.1. Raja Surya Pal Singh obtained a decree for arrears of rent against Wahid Ali on 80th November 1938. On 14th June 1939, he applied for execution of the decree. The relief prayed for by him was that in case the judgment-debtor did not pay up the amount of Rs. 347-4-0 he should be ejected from the plots set out in the application for execution. Notice of this application was issued to the judgment-debtor and 9th November 1939 was fixed for hearing. On that date the judgment-debtor deposited a sum of Rs. 50 in part satisfaction of the decree and prayed for further time to pay up the decretal amount. The case was thereupon adjourned to 2nd January 1940 on which date the judgment-debtor paid a further sum of Rs. 50 and asked for further time. The Court, however, fixed 6th January to consider what orders the Court would pass. On 5th January 1940, the judgment-debtor filed an objection that the execution application was no longer maintainable because of the U.P. Tenancy Act (1...
Tag this Judgment!Baij Nath Sahai Vs. Seth ParbIn Singh and anr.
Court: Allahabad
Decided on: Oct-24-1944
Reported in: AIR1945All48
Yorke, J.1. This is a first appeal under' the Encumbered Estates Act arising out of the following circumstances. On 31st January 1893 one Johri Mal, grandfather of the debtor applicant Seth Parbin Singh, executed a usufructuary mortgage in respect of 19 biswas 15 biswansis out of a 20-biswa share in village Etawah in favour of Rai Bahadur Nanak Chand of Bijnor. This mortgage deed provided that the Rai Bahadur was being put in possession or occupation of the property but it also implied that the mortgagee was giving a lease to the mortgagor of the mortgaged property. The document provided that the consideration of Rs. 20,000 would be paid off at the rate of Rs. 5000 per annum in four instalments and that the mortgagor would deposit Rs. 1200 as interest or profits with the mortgagee in two half-yearly instalments each year. There were provisions in case of failure with which we shall have to deal later. The executant Seth Johri Mal had two sons, Banwari Das and Partap Singh. Each of thes...
Tag this Judgment!Darzao and ors. Vs. Emperor
Court: Allahabad
Decided on: Oct-24-1944
Reported in: AIR1945All100
Allsop, J.1. The eleven appellants have been sentenced to rigorous imprisonment for a period of six years each under 8.395, Penal Code, for committing a dacoity on the out skirts of the village of Farida in the Buland-shahr district on 27th June 1948. One Jagdish Bania was returning to the village with a maund of gur loaded upon a camel when he was attacked, according to the prosecution, by the appellants. They used violence towards him, took away the gur and some empty sacks and relieved him of a sum of a hundred and ninety-two rupees and some annas which he had upon his person. Jagdish lived in another village but he used to do business in Parida. His partners were Shib Charan and Ram Gopal. Ram Gopal and Jagdish, according to the evidence, had gone, to other villages to sell some grain and to recover the gur which was on Jagdish's camel when he was attacked. Ram Gopal has given evidence and has corroborated the evidence of the dacoity but he did not name any of the accused and so it...
Tag this Judgment!Haji Mohammad Obed Ullah Khan Vs. Kunwar Mohammad Abdul Jalil Khan and ...
Court: Allahabad
Decided on: Oct-24-1944
Reported in: AIR1945All121
Malik, J.1. This appeal has been filed by the plaintiff whose suit for possession as mut-walli of properties described in List (d) of the plaint was dismissed by the learned Civil Judge of Aligarh on 24th October 1939. On 16th April 1909 one Abdul Latif Khan made a wakf in favour of certain charities. The deed of wakf is at p. 37 of our paper-book. In the deed it was provided that in his lifetime Abdul Latif Khan was to act as mutwalli of the wakf property. After his death his uncle Mohammad Abdul Ghafur Khan was to nominate the next mutwalli. In case Abdul Ghafur Khan predeceased Abdul Latif Khan or failed to appoint anyone as mutwalli, Kunwar Abdul Shakur Khan, another uncle of the wakif, and Mohammad Obedullah Khan, his uncle's son, were to be mutwallis and after the death of one mutwalli the other was to act as such. Abdul Latif Khan died on 7th September 1909. On 10th October 1909, under the powers given in the deed of wakf, Kunwar Mohammad Abdul Ghafur Khan appointed Abdul Shakur...
Tag this Judgment!Ram Rup and anr. Vs. Emperor
Court: Allahabad
Decided on: Oct-20-1944
Reported in: AIR1945All31
Waliullah, J.1. This is an appeal by Ram Rup and Shyam Narain against their conviction under Section 147 and Section 323 read with Section 149, I. P.C. and sentences of two years' rigorous imprisonment and Rs. 200 fine under Section 147 and one year's rigorous imprisonment under Section 323 read with Section 149, Penal Code. The sentences have been directed to run concurrently. There were seven persons who were put on their trial before the learned Additional Sessions Judge. Of them five were given the benefit of doubt and were acquitted. Only the two appellants before me have been convicted under Sections 147 and 323 read with Section 149, Penal Code. I have heard the learned Counsel in support of this appeal at great length and the learned Assistant Government Advocate in support of the conviction. Learned Counsel for the appellants has strenuously argued; that the conviction of the appellants cannot stand inasmuch as they have been convicted under Section 147, Penal Code, which requ...
Tag this Judgment!Radhey Shiam Vs. R.C. Bhattiya
Court: Allahabad
Decided on: Oct-20-1944
Reported in: AIR1945All53
ORDERMalik, J.1. These two revisions arise out of two suits filed by cosharers for profits pertaining to their share. The cases were triable by the Assistant Collector, First Class, Bareilly. I am informed that the headquarters of the Assistant Collector is at Baherhi, but he fixed these cases for hearing on 14th December 1940 at his camp at Rainwala. It does not appear how or when he changed his programme and decided that he would hear these cases at Utarsi. Rainwala is at a distance of seven miles from Baherhi and Utarsi is at a distance of six miles from Rainwala. Notice of this change in the programme of the learned Assistant Collector was not given to the plaintiffs, but according to some practice prevailing in the revenue Courts this change of programme was notified to the Bar Association and the Mukhtars' Association. Notice of the change of programme was also hung up on the notice board. The plaintiffs not having received any information of the change of programme wont on 14th ...
Tag this Judgment!M. Hari Prasad Tamta and anr. Vs. Mohan Lal Sah
Court: Allahabad
Decided on: Oct-12-1944
Reported in: AIR1945All64
Malik, J.1. Mohan Lal Sah filed a suit for recovery of Rs. 12,500 on the basis of a simple mortgage dated 15th March 1936 for Rs. 8000 executed by the defendants Hari Prasad Tamta and Lalta Prasad Tamta who are the appellants before us. The mortgage deed carried interest at nine annas per cent. per annum compound interest with half yearly rests. The defendants pleaded that they were entitled to the benefit of the Agriculturists' Relief Act and the Debt Redemption Act. The trial Court held that as Lalta Prasad was assessed to income-tax in the year 1934-35 on the basis of his income in 1933-34 he must be deemed to have been assessed to income-tax on the date when the mortgage deed in suit was executed and the mere fact that he suffered loss and was not assessed to income-tax in 1935-36 would not entitle him to claim that he was an agriculturist and was entitled to the benefits of the Agriculturists' Relief Act. The lower Court therefore refused to give the defendants the benefit of the ...
Tag this Judgment!Om Prakash and anr. Vs. Pt. Radhey Shyam Kathawachak and ors.
Court: Allahabad
Decided on: Oct-11-1944
Reported in: AIR1945All55
Malik, J.1. These three appeals arise out of three suits which were filed in the Court of the District Judge of Bareilly. Pandit Badhey Shyam Kathawachak, plaintiff in all the three suits, is a Hindi author who has written several dramas. He was employed by the New Alfred Theatrical Company of Bombay to write certain plays for them. The plaintiff wrote nine dramas, the stage rights in which remained with the company while all other rights were vested in the plaintiff. There were twelve other dramas which had been written by other authors copyrights in which were purchased by the plaintiff from the New Alfred Theatrical Company. Suit No. 3 of 1938 out of which First Appeal No. 217 of 1941 has arisen was filed by the plaintiff against the Twin Record Co. Ltd., on the ground that they had without the plaintiff's consent made certain records of songs of a drama named 'Ishwar Bhakti' and were offering the same for sale to the public. Defendant 1, the Twin Record Co. Ltd., had also been prin...
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