Allahabad Court September 1945 Judgments
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Raghubir Singh Vs. Emperor
Court: Allahabad
Decided on: Sep-12-1945
Reported in: AIR1946All88
Allsop, J.1. This is an application for the revision of an order passed on appeal by the Additional Sessions Judge of Saharanpur. The applicant was sentenced by a Magistrate to a fine of Rs. 150 for being in possession of small coins to the value of Rs. 16-8-9 in contravention of an order of the District Magistrate that no private person in Saharanpur should keep in his possession small coins to a value of more than Rs. 5 and no businessman should keep in his possession such coins to the value of more than Rs. 10. The applicant is alleged to have been a vendor of articles on a running train. When the train arrived in Saharanpur ho left the station to bathe in a river and while he was there he was searched and found to be in possession of the coins to which we have referred. The main question to be considered is whether the District Magistrate was entitled to make the order which the applicant undoubtedly contravened. The District Magistrate presumably acted under the provisions of Rule...
Habib Ahmed Vs. Mt. Keoti Kuer
Court: Allahabad
Decided on: Sep-12-1945
Reported in: AIR1946All328
Mathur, J.1. This is a defendant's second appeal. It arises out of a suit brought by the plaintiff-respondent for ejectment of the appellant and for recovery of some arrears of rent. The defence among other things was that as the plaintiff had accepted rent after the notice to quit she was not entitled to enforce the forfeiture clause. Another point raised before the appellate Court was that as the defendant was prepared to pay the amount at that stage he should have been given the benefit of Section 114, T.P. Act. It was also urged that in view of order promulgated by the Collector of Saharanpur under the Defence of India Rules no order for ejectment could be passed by the Courts below. Both the lower Courts, however, repelled these contentions and decreed the suit. I have heard the learned Counsel for the parties, and I find that there is no force in this appeal. It is common ground that a lease was executed by the defendant-appellant on 20th March 1941 for a period of one year, and ...
Governor-general in Council Vs. Lala Debi Sahai
Court: Allahabad
Decided on: Sep-12-1945
Reported in: AIR1946All198
Bennett, J.1. This is a revision application against a decree passed by the Judge of the Small Cause Court, Meerut, in a suit brought by the opposite party, Lala Debi Sahai, against the Governor-General in Council to recover a sum of Rs. 700 for nondelivery of a parcel containing silver articles consigned by Lala Debi Sahai to the railway at Meerut for delivery at Benares. The defendant based his defence on the provisions of Sections 75 and 77, Railways Act, and also on Section 80, Civil P.C. It has been found by the Court below that notice was given under Section 80, and as regards Section 77 it has been held that no notice was required in view of the finding with regard to Section 75. The sole question which concerns us is whether the case is covered by Section 75, Railways Act. It appears that when Lala Debi Sahai sent the parcel to be booked through his servant the latter declared the value of the contents at RS. 600 but on being required to pay an additional amount by way of compe...
B. Triloki Nath Vs. Lord Krishna Sugar Mills Ltd.
Court: Allahabad
Decided on: Sep-10-1945
Reported in: AIR1946All276
Bennett, J.1. This is an application under Section 115, Civil P.C., by one Triloki Nath, who was employed as a Cane Manager, in the Lord Krishna Sugar Mills Ltd., Saharanpur, this company being the opposite party in the application. It appears that the applicant made an application under the provisions of the Payment of Wages Act, 1936, to the Commissioner appointed by the Provincial Government under that Act. The District Magistrate was so appointed by the Provincial Government to hear and decide all claims arising out of deductions from wages, or delay in the payment of wages of persons employed or paid in the area concerned. The District Magistrate rejected the application on the ground that B. Triloki Nath, though Cane Manager of the Lord Krishna Sugar Mills Ltd., Saharanpur, was not an employed person within the meaning of Section 15, Payment of Wages Act and, therefore, was not eligible to apply to the District Magistrate for a direction under Sub-section (3) of that section. The...
Shubrati Vs. Kunj Behari Lal and ors.
Court: Allahabad
Decided on: Sep-10-1945
Reported in: AIR1946All403
Sinha, J.1. This is defendant's appeal arising out of a suit for possession over the site of certain houses specified in the plaint. The plaintiffs claimed to be the owners of the site under two sale deeds, executed by the erstwhile owners, Syed Mahmudul Husain and Mir Latafat Ali on 3rd September 1909 and 4th August 1910.2. The plaintiffs' case was that on 16th August 1910, Rajjab, the father of the appellant, Shubrati, and a number of persons had executed an agreement in favour of the plaintiffs, whereby they agreed that they and their descendants would vacate the land and remove the building materials, when, ever called upon to do so, and they further agreed that on receipt of the price they would give the materials to the plaintiffs. The plaintiffs further contended that they gave the defendants notice in 1936 to vacate the land, but they have not done so yet. On these allegations, the present suit was instituted in the year 1940.3. The defence, in brief, was a denial of the plaint...
Abdul Aziz and anr. Vs. Emperor
Court: Allahabad
Decided on: Sep-05-1945
Reported in: AIR1946All116
Allsop, J.1. This is an application against. four orders in four connected cases directing the recovery of money forfeited by two-persons who stood surety for the attendance of a man released on bail. The main argument is that the money was not forfeited because tke surety bonds were invalid on the ground that no surety bond can be valid unless the person released on bail himself signs the bond for his attendance when called upon. Learned Counsel has referred us to the case in Emperor v. Brahmanand Misra : AIR1939All682 but in that case there was really no surety bond at all. A Magistrate had merely made a note that some person had promised orally to produce another if that other was charged with some offence. The learned Judge did pronounce a dictum to the effect that a surety bond would not be valid unless the person accused himself signed the bond but it was apparently not brought to his notice that this opinion was contrary to the decision of another learned Judge of this Court in ...
Aisha Begum Vs. Mt. Kundan Jan and anr.
Court: Allahabad
Decided on: Sep-04-1945
Reported in: AIR1946All184
Sinha, J.1. This is an application for leave to appeal to His Majesty in Council, purporting to be one under Section 109(a) read with Order 45, Rule 3, Civil P.C. The following pedigree will be helpful: TILOK SINGH | ________________________________ | |Sher Singh=Jasbali, D. 4 | (Dead) | | | | Mt. Kundan Jan = Nawab Naqi = Mt.Alimal- | D.1 (Subsequently Uddin ul-Nissa | Rafiqa Begam) Ahmad Khan Begam | | Died 17-11-24 | Dalip Singh | | (subsequently | | Nooruddin Ahmad) | | D.2 | | | | ____________|___________ | | | | Aisha Begam (p)= Halimunissa | Shaukat Ali Khan (Died 21-5-24)(Died in 1928) _______________________________________________________ | | | | | Hari Singh Partap Singh Mt. Ganga Mt. Panna Mt. Hira D.3 D.8 D.5 D.6 D.72. On 27th July 1938 Aisha Begam brought a suit in the Court of the Civil Judge of Moradabad, suit No. 36 of 1938, against (1) Kundan Jan, (2) Dalip Singh alias Nooruddin Ahmad, (3) Hari Singh, (4) Mt. Jasbali, (5) Mt. Ganga, (6) Mt. Panna, (7) Mt. Hira and (8)...
Agra Electric Supply Co. Ltd. Vs. Firm Bansidhar Prem Sukh Das, Oil Mi ...
Court: Allahabad
Decided on: Sep-04-1945
Reported in: AIR1946All406
Bennett, J.1. This is a second appeal by the Agra Electric Supply Company Ltd. They were defendants in a suit brought by a firm known as the firm of Banshidhar Prem Sukh Das, Oil Mill, Maithan, Agra, for a declaration and injunction in respect of an agreement arrived at between the parties in March 1938, for the supply of electrical energy to the firm by the Electric Supply Company. The agreement provided not only for the supply of electrical energy for driving the mill machinery, but also for lights and fans. The dispute between the parties is confined to the charges made by the company for electrical energy for lights and fans. Supply commenced in September 1988, and the firm disputed the September and October bills. Their cheque for the amount admitted by them as due was returned by the supply company, which threatened to disconnect the premises of the firm. The latter instituted the suit on 5th December 1938, and obtained a temporary injunction restraining the company from disconne...
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