Allahabad Court February 1944 Judgments
Syed Mahbub Ali and ors. Vs. Syed Mohammad
Court: Allahabad
Decided on: Feb-18-1944
Reported in: AIR1944All212
Allsop, J.1. We have before us a second. appeal, No. 454 of 1942 and a connected first appeal from order No. 104 of 1940. In order to understand the questions in issue, it is necessary to know that Talib Ali and Hatim Ali were two brothers. The former died in 1909 and the latter thereupon entered into an agreement with the former's widow. The widow gave up her one-fourth share in her husband's property in consideration for a promise by her brother-in-law that he would pay her an allowance of Rs. 450 per mensem. It appears that this allowance was paid till about the year 1928, but thereafter the widow, whose name was Mt. Nawab Begam, had to institute a suit in order to recover the allowance due to her from sometime in the year 1928 to the month of April 1932. She obtained a decree. Hatim Ali had made a wakf of some of his property and he made an application on 22nd November 1935, under the Encumbered Estates Act partly, it appears, on his own account and partly as mut-walli of the wakf....
Tag this Judgment!Suraj Bux Singh Vs. Lokendra Singh and ors.
Court: Allahabad
Decided on: Feb-16-1944
Reported in: AIR1944All176
Iqbal Ahmad, C.J.1. This appeal arises out of proceedings under the Encumbered Estates Act. The facts are now not in controversy and are as follows : On 26th October 1936, one Lokendra Singh applied under Section 4, Encumbered Estates Act, and his application was, in due I course, forwarded by the Collector to the Special I Judge. In his application Lokendra Singh had not I shown certain properties as belonging to him and, after the publication of the usal notices, two creditors of Lokendra Singh, named Matro Mai and Behari Lal filed an objection maintaining that the properties that are in dispute in the present appeal belonged to Lokendra Singh, and that he had wrongly omitted the same from the list of properties contained in the application. This objection was considered by the Special Judge in accordance with the provisions of Section 11 and decided by him. Suraj Bux Singh, the appellant in the present appeal, being aggrieved by that decision has filed the present appeal. It appears...
Tag this Judgment!In Re: A.M. Beechey
Court: Allahabad
Decided on: Feb-11-1944
Reported in: AIR1944All119
Allsop, J.1. An application was made for the issue of letters of administration on 27th July 1943. The Court-fees Act was amended as from 1st August 1948 and the amount due as fees was consequently increased. The question before us is whether court-fees on the letters of administration should be paid in accordance with the Act as it was before 1st August 1943 or as it was after 1st August 1943. Our attention has been drawn to the case in Thaddens S. Nahapiet v. Secretary of State : AIR1924Cal987 and also the case in Gangaram Tillockchand v. Chief Controlling Revenue Authority ('27) 14 A.I.R. 1927 Bom. 643. The Calcutta and Bombay High Courts have differed on this point. We think that the decision of the Bombay High Court is correct. If we were to consider only the provisions of Section 19-1, Court-fees Act, we might perhaps hold that it is open to the Court to make an order that letters of administration should issue on the fees required by the original Act, but we have also to conside...
Tag this Judgment!Jangi Singh and anr. Vs. Emperor
Court: Allahabad
Decided on: Feb-08-1944
Reported in: AIR1944All117
ORDERPlowden, J.1. This is an application in revision from the judgment of the Sessions Judge of Bareilly, dated 19th October 1943. The facts are that on 4th April 1943, Ramdayal chaukidar, who had previous instructions of the Station Officer and the Superintendent of Police of Bareilly to arrest Bhim Singh deserter, obtained information that Bhim Singh was harvesting his crop. He called upon two or three men for assistance and he arrested Bhim Singh, presumably by merely putting his hand on his shoulder and informing him that he was under arrest. The three accused Jangi Singh, Fateh Singh and Hori Singh, of whom only two are applicants in this Court, rushed at Eamdayal and the others and assaulted Ramdayal who managed to ward off their blows with his lathi. Bhim Singh disappeared during this fight and has apparently not been heard of since. The accused were sentenced to one year's rigorous imprisonment each under Sections 353 and 225, Penal Code, and a fine of Rs. 50 each under both s...
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