Allahabad Court August 1944 Judgments
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Surya Pal Singh Vs. Netrapal Singh
Court: Allahabad
Decided on: Aug-09-1944
Reported in: AIR1945All28
Sinha, J.1. This is a defendant's appeal arising out of a suit for recovery of profits for the years 1342 to 1345 F. for Rs. 135-8-4 by a cosharer against the lambardar under Section 226, Agra Tenancy Act (3 of 1926). Various defences were raised but the. two with which I am concerned at this stage, were that the rents of the years in suit were subsequently remitted under the orders of the Government and, in any case, the suit could be decreed only on the basis of actual collections. The learned Assistant Collector held that subsequent remissions by the Government did not absolve the lambardar from the responsibility of making collections during the years in question. It decreed the suit for a sum of Rs. 98-4-0 on the basis of gross rental minus the actual remissions. The defendants went in appeal to the learned District Judge. He affirmed the finding of the trial Court on both the points. Against the above decree the defendant has come before me in second appeal.2. Mr. Sanyal, the lea...
Rati Ram and Sons Vs. Sri Radha Kishan Ji Maharaj Birajman Mandir
Court: Allahabad
Decided on: Aug-09-1944
Reported in: AIR1944All295
ORDERVerma, J.1. Having heard learned Counsel for the parties, I have come to the conclusion that the decision of the Court below is not quite correct. The plaintiff respondent is the proprietor of a building which has been described as a godown, situated in the city of Cawnpore and the defendant applicant is his tenant paying Rs. 200 per mensem as rent. The defendant applicant has installed certain plant and machinery in that building and runs some sort of a factory there. The suit was for the recovery of Bs. 400 as rent for two months, 5th July 1942 to 4th September 1942, according to the pleadings, and 4th July 1942, to 3rd September 1942 according to the statement of Ram Swarup one of the partners in the defendant firm. The learned Judge below has taken the latter dates. The point is, how-ever, not material. The defence was that the defendant was entitled to a set-off to the extent of Rs. 300 as he had paid that amount on account of premium on the insurance of policy which he had t...
Haji Tanwir Ahmad Vs. Hafiz Maqbul Ahmad and anr.
Court: Allahabad
Decided on: Aug-08-1944
Reported in: AIR1945All318
Verma, J.1. These two second appeals have arisen out of two applications made by the appellant for the execution of two money decrees passed on 30th June 1932, by the High Court of Judicature at Fort William in Bengal, in the exercise of its ordinary civil jurisdiction, in two suits, viz., suit No. 990 of 1932 and suit No. 1047 of 1932. The applications for execution were only in respect of the costs awarded to the appellant under those decrees. The Munsif allowed the applications. On appeal by the judgment-debtors the learned Civil Judge of Bareilly has dismissed the applications on the sole ground that the applications for executions were barred by limitation. It appears that the judgment-debtors respondents had executed two mortgage deeds in favour of the appellant, one dated 6th February 1929, and the other dated 19th February 1929. The first deed was for Rs. 10,000 and the latter one was for RS. 3555-12-9. It appears to have been common ground in the Courts below that the suits in...
Chhedda Alias Gama and ors. Vs. Emperor
Court: Allahabad
Decided on: Aug-08-1944
Reported in: AIR1944All281
Allsop, J.1. There can be no doubt that a burglary took place in the house of one Hafiz Mushtaq Husain in the town of Moradabad on the night between both and 11th August 1943 and that a considerable amount of cloth was stolen. A report was made at the police station the next morning, and there is no reason for doubting the evidence that this offence was committed. It appears that the police obtained information about the crime sometime on 11th August and that the Sub-Inspector, a head constable and some search witnesses and others entered the house of one Kalian. The police found there the five appellants and three other men, including Kalian who ran away and escaped as soon as they saw the police. Round about the place where these people were sitting was scattered the cloth which had been stolen the night before. The appellants were found guilty of an offence of house breaking by night. Three of them who were previous convicts were sentenced to rigorous imprisonment for a period of fi...
Radha Krishna and anr. Vs. Reserve Bank of India Through Governor, Res ...
Court: Allahabad
Decided on: Aug-02-1944
Reported in: AIR1945All29
Dar, J.1. This is an appeal against the judgment and decree, dated 13th October 1941, of the Additional Civil Judge of Jaunpur by which he affirmed a judgment and decree, dated 3rd September 1940, of the Additional Munsif of Jaunpur in a suit for recovery of money. The plaintiffs are the proprietors of the Firm Radha Krishna Gopal Lal which carries on business in the City of Jaunpur. On 24th December 1938, they sent five currency notes of the value of Rs. 100 each to the Currency Officer of the Reserve Bank of India for being cashed and their amount to be remitted to them. These five notes had been cut into two halves and joined together by pasting a paper at the back. The notes had been cut vertically and the dividing line of one note passes through the last digit of one of the numbers of the note, with the result that a larger portion of the last digit goes over to one half of the note and only a small portion of the last digit remains in the other half. The two halves are of unequal...
B. Jamuna Prasad Vs. Municipal Board Through Executive Officer
Court: Allahabad
Decided on: Aug-02-1944
Reported in: AIR1945All32
Dar, J.1. This is an appeal against the judgment and decree, dated 16th May 1942 of the Civil Judge of Benares by which he reversed the judgment and decree, dated 2nd June 1941 of the City Munsif of Benares in a suit for an injunction. The plaintiff Jamna Prasad is the sole agent at Benares of the Ganesh Flour Mills, Cawnpore, for the sale of Vanaspati manufuetured by the said Mills. On 22nd October 1940 he made an application to the Health Officer of the Benares Municipality for a licence 'to sell Vanaspati at premises 29/22 in mohalla Rajgir Tola, Halqa Chauk of Benares City.' These premises are situated in close proximity to Kachauri Gali of Benares where a number of confectionery, sweetmeat and cake shops, etc., exist. The Health Officer, taking the view that the sale of Vanaspati in that locality would facilitate adulteration of fat with ghee and prevent detection and would not be in the interest of public health, refused the licence and directed the plaintiff to close his shop un...
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