Allahabad Court September 1944 Judgments
Raj Ballam Ojha Vs. Chandi Prasad Ojha and ors.
Court: Allahabad
Decided on: Sep-22-1944
Reported in: AIR1945All59
ORDERMalik, J.1. This suit was filed by the plaintiff on the basis of two bonds dated 15th May 1936 executed by one Kali Prasad Ojha. It is admitted that Kali Prasad Ojha was an agriculturist. He died in the year 1939, and the suit has now been filed against his nephew Raj Ballam Ojha and his two daughters Mt. Champa and Mt. Mewati. Raj Ballam Ojha filed an application claiming benefit under the Debt Redemption Act. It has been held by the Court below that Raj Ballam Ojha was not an agriculturist. The Court below therefore refused to give him the benefit of the Debt Redemption Act. It is argued before me that the definition of 'loan' in Section 2, Sub-section (9), Debt Redemption Act, includes money advanced before 1st June 1940 and recoverable from the property of an agriculturist. Learned Counsel for the applicant has submitted that this is the property of Kali Prasad Ojha and the words ' the property of an agriculturist' in the section mean the estate of a deceased agriculturist. Th...
Tag this Judgment!Jagannath Vs. Emperor
Court: Allahabad
Decided on: Sep-21-1944
Reported in: AIR1945All19
ORDERMathur, J.1. This is a revision application by one Jagannath who was convicted under Section 380, Penal Code and sentenced to one year's rigorous imprisonment. His appeal to the Sessions Judge of Ghazipur was rejected. It appears that one Mahindar Tiwari of village Gadipur found that his buffalo was missing from his house on 3rd October 1943. He made a search for the animal and, when unsuccessful, lodged a report in the police station on 8th October 1943. On 13th October 1943 Thakur Prasad, a constable who was going on the road along with Bhima Chaukidar noticed that some persons were taking away the buffalo near a village called Pakva Andhar. The constable feeling suspicious, questioned the applicant Jagannath as to their destination. Upon this, it is alleged, that Chandar Pal who was one of the party took to his heels and the applicant was arrested on the spot. The applicant at once stated that he had purchased the buffalo from Chandar Pal, who had run away, for Rs. 132. Chandar...
Tag this Judgment!Ambika Prasad Vs. Kodai Upadhya
Court: Allahabad
Decided on: Sep-21-1944
Reported in: AIR1945All45
ORDERMalik, J.1. This revision has been filed by one Ambika Prasad. Kodai Upadhya, the plaintiff, filed a suit against Ram Raj Pande for a declaration that the deed of gift executed by Kodai Upadhya in favour of Ram Raj Pande was executed for certain ulterior reasons at the time when he was going on a pilgrimage and that there was no intention of conveying the property to Ram Raj Pande. Ram Raj Pande, it appears, is in Bangkok which is under enemy occupation. There was some difficulty in the service of summons and the lower Court thought that in case it stayed the suit till the end of the war the plaintiff's interest may suffer and in case he proceeded ex parte against Ram Raj Pande, Ram Raj Pande's interest was bound to suffer as nobody would be able to represent him. The applicant, Ambika Prasad, it appears, is a friend of Ram Raj Pande and in his absence is looking after his property. The lower Court thought that it would be safer to implead Ambika Prasad as a party who may then loo...
Tag this Judgment!Scientific Apparatus and Chemical Works, Ltd. Through Sukhdeo Prasad V ...
Court: Allahabad
Decided on: Sep-21-1944
Reported in: AIR1945All47
ORDERMalik, J.1. The plaintiff, Joti Prasad, sold certain shares that he held in the Scientific Apparatus and Chemical Works, Ltd., Agra, to E.C. Khandelwal, defendant 2, and the said sale was registered in the books of the company on 20th January 1942. After the registration of the said sale certain dividends were declared in October 1942. The dividend was paid sometime in the month of November to E. C. Khandelwal. The plaintiff in January 1943 gave a notice to the company claiming that under a private arrangement, between him and the purchaser he was entitled to a proportionate amount of the dividend. The company, having repudiated his claim to the dividend on the ground that they could only pay the dividend to the person in whose name the shares were registered, the plaintiff filed this suit against the company and against R. C. Khandelwal. The Court below held that there was an agreement between the vendor and the vendee under which it was arranged that the vendor would be entitled...
Tag this Judgment!Raja Bahadur Sri Raja Pashupat Pratap Singh Vs. Lalat Bahadur Singh an ...
Court: Allahabad
Decided on: Sep-09-1944
Reported in: AIR1945All46
Allsop, J.1. This appeal arises out of a suit for possession and mesne profits. The father of the defendants-respondents, that is, Jai Bahadur Singh, took what might be called, a theka of a certain area of land or water from the Baja of Bansi. There was no formal theka, but Jai Bahadur Singh agreed to pay rent at the rate of Rs. 1025 a year for five years from. 1340 to 1344 Fasli inclusive and was let into possession. After the expiry of this period of five years the Raja of Bansi apparently wished to take possession of this piece of land or water and Jai Bahadur Singh opposed him. Eventually the Raja instituted the suit which has given rise to this appeal. Soon after the suit was instituted, Jai Bahadur Singh died and his sons, the defendants-respondents, were impleaded as his representatives. It has been held by the learned Judge of the Court below that Jai Bahadur Singh was not entitled to retain possession of the property and a decree for ejectment has been passed. The learned Judg...
Tag this Judgment!M.G. Kadir Vs. Kesri NaraIn Jaitly and ors.
Court: Allahabad
Decided on: Sep-09-1944
Reported in: AIR1945All67
Allsop, J.1. It was brought to our notice by one M. G. Kadir that Kesri Narain Jaitly had filed in the Court of the Munsif, West Allahabad, an application which contained defamatory statements about the Chief Justice of this Court, statements which amounted to contempt of Court. He also brought to our notice that the application had been signed by Kesri Narain Jaitly's Advocates, Mr. Bahadur Lal and Mr. Radha Mohan. M. G. Kadir filed a copy of the application. He was concerned with the matter because the application had been filed in proceedings to which he was a party. We issued notice to Kesri Narain Jaitly, Mr. Bahadur Lal and Mr. Radha Mohan to show cause why they should not be punished for contempt. We have already dealt with Mr. Radha Mohan. We later issued a warrant for the arrest of Kesri Narain Jaitly who did not appear before us, but he has not yet been arrested. We consider that we should dispose of the case against Mr. Bahadur Lal without further delay. Paragraph 4 of the a...
Tag this Judgment!Aziz Khan and ors. Vs. Bhola Nath Srivastava and ors.
Court: Allahabad
Decided on: Sep-08-1944
Reported in: AIR1945All21
Allsop, J.1. This appeal arises out of a suit for specific performance of a contract of sale. The property belonged to Raja Munshi Madho Lal and after his death passed into the hands of Kunwar Nand Lal, his daughter's son. On 21st February 1929 six of the plaintiffs entered into an agreement with Kunwar Nand Lal to buy the property for a sum of Rs. 1,60,100 but for some reason the transaction fell through. Then on 3rd August 1929 there were three further agreements. Two of the plaintiffs agreed on their own behalf and on behalf of forty other purchasers that they would buy half the property for Rs. 58,000. Three other plaintiffs entered into a similar agreement to buy a quarter of the property for Rs. 40,025. They acted on behalf of 22 vendees. The remaining fourth of the property was to be bought by 28 vendees for a sum of Rs. 40,025, and five of the plaintiffs or their predecessors-in-interest made an agreement with Kunwar Nand Lal to that effect. The deeds of sale were not, however,...
Tag this Judgment!Sheikh Haidar HusaIn and ors. Vs. Syed Ali Mohammad and ors.
Court: Allahabad
Decided on: Sep-08-1944
Reported in: AIR1945All54
Allsop, J.1. This second appeal arises out of a suit in which the Shias of Jaunpur sought a declaration that they had a right to take out whenever they liked a religious procession with tabal, tasha, etc. and to pass through every thoroughfare in Jaunpur City as well as Qazi-ki-gali in mohalla Ajmeri and Abirgar Tola reciting nauha and doing matam on the afflictions of Imam Husain and calling imprecations (lanat) on Omar-bin-saad, Hur-mula, Shanon, Yazid, Shis, Shimer and Khuli. The learned Munsif gave them a declaration in these terms subject to any order or directions issued by the Magistrate or the police for preventing breaches of the public peace or obstructions of thoroughfares or for other matters mentioned in Section 144, Criminal P.C. or under other statutory provisions or for regulation of traffic. The decision of the learned Munsif was upheld in first appeal. It is urged in second appeal that the plaintiffs were not entitled to a declaration saying that they had a right to c...
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