Allahabad Court January 1946 Judgments
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Emperor Vs. Tushar Kanti Ghosh and anr.
Court: Allahabad
Decided on: Jan-07-1946
Reported in: AIR1946All298
Braund, J.1. The Editor and the Printer of the Amrita Bazar Patrika have been called on to answer for what is alleged to be a contempt of the Court of the Civil Judge of Azamgarh contained in a contribution to the newspaper by its own Azamgarh correspondent. The report in question appeared in the issue of the newspaper of 3rd October 1945 and referred to a civil suit which had been begun by a firm of merchants of Azamgarh against (inter alios) a Tahsildar of the name of Manik Chand. The report ran as follows:(FROM OUR OWN CORRESPONDENT)Azamgrah, 29th September : Rs. 5200 have been claimed in damages by the firm Gayaram Ramsarandas filed in the Court of the Civil Judge Mr. K.C. Dhawan against the Tahsildar, Mr. Manikohand. It will be recalled that the firm had been asked by the Tahsildar to pay Rs. 500 for the Victory Memorial Funds. The proprietors had already contributed Bs. 300 and declined to pay anything more. The firm's refusal infuriated the Tahsildar and he had the shop looked a...
Karam HusaIn Mukhtar Vs. Mohammad Khalil
Court: Allahabad
Decided on: Jan-07-1946
Reported in: AIR1946All509
Pathak, J.1. This appeal raises a question of the interpretation of Section 4, U.P. Debt Redemption Act, XII [13] of 1940. The decree holder who is the appellant obtained a decree on foot of a mortgage in suit No. 41 of 1938 against the respondent. The property mortgaged consisted of a house and land appurtenant thereto situate within the limits of the Notified Area Committee, Basti. It is noteworthy that on the date of the suit the personal remedy of the creditor was barred by time. The decree-holder put the decree in execution, and the judgment-debtor being an agriculturist within the meaning of the U.P. Debt Redemption Act, the decree-holder made a declaration in accordance with Section 4 of that Act that he would not execute the decree against the land, agricultural produce or person of the judgment debtor. Thereupon the judgment-debtor made an application for amendment of the decree under Section 8 of that Act. The decree-holder opposed the application for amendment filed by the j...
Noor Mohammad Vs. Mohan Lal Alias Bechey Lal
Court: Allahabad
Decided on: Jan-02-1946
Reported in: AIR1946All465
Iqbal Ahmad, C.J.1. This is an appeal by a decree-holder under Clause 10 of the Letters Patent against a judgment of a learned Judge of this Court and arises under the following circumstances. On 5th October 1932, one Lai Mohammad and his two sons, Noor Mohd. and Tabaruk Husain transferred certain zamindari property to two persons named Kanhiya Lai and Lai Singh (hereinafter referred to as vendees) for a sum of Rs. 5000. Half of the sale consideration was paid in cash by the vendees and with respect to the remaining half of the sale consideration, the vendees, on the same date, executed a simple mortgage in favour of Noor Mohammad one of the vendors, hypothecating the property sold. One Mohan Lai brought a suit for pre-emption against the vendees and obtained a decree in the year 1933 and in execution of that decree obtained possession of the property covered by the sale deed of 1932. Thereafter Noor Mohammad put his simple mortgage into suit and eventually obtained a decree for sale i...
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