Allahabad Court December 1947 Judgments
Budhu Pandey Vs. Raj Bahadur Lal
Court: Allahabad
Decided on: Dec-22-1947
Reported in: AIR1948All311
ORDERMalik, J.1. This is a revision under Section 115, Civil P.C., filed by Budhu Pandey, defendant-applicant. Raj Bahadur Lal, plaintiff-respondent, had filed an application under Section 12, Agriculturists' Relief Act, for the redemption of a mortgage dated 13-7-1928. The plaintiff's allegations were that he was not liable to pay anything towards redemption and the mortgage must be deemed to have been satisfied.2. On 15-6-1900, Raj Bahadur Lal's father had executed a simple mortgage for Rs. 6do/- in favour of Budhu Pande and had mortgaged certain zamindari properties. Budhu Pandey filed a suit for sale on the basis of this mortgage and obtained a decree. This was suit No. 193 of 1911. The decree was for Rs. 1,193/2/-. In execution of the decree the whole d the mortgaged property was sold but only Rs. 200 was realized. A personal decree under Order 34, Rule 6, Civil P.C. was passed on 6-8-1921. In the year 1928, Raj Bahadur Lal's mother paid Rs. 300 in cash towards part satisfaction o...
Tag this Judgment!Umrao Singh Vs. Kunwar Man Singh and anr.
Court: Allahabad
Decided on: Dec-17-1947
Reported in: AIR1948All297
Wanchoo, J.1. Umrao Singh appeals from the order of the District Judge of Kanpur dismissing his application for getting the benefit of Section 17, U.P. Debt Redemption Act, No. XIII of 1940.2. The appellant was adjudicated insolvent some years ago and the official receiver was ordered to administer his property. For some time, the proceedings for realisation of his assets remained stayed under the Temporary Postponement of Execution of Decrees Act [Act X of 1937]. On the expiry of that Act, the official receiver proceeded to sell the Zamindari property of the appellant Thereupon the appellant filed an application before the Court to obtain benefit of Section 17, Debt Redemption Act. This application was rejected by the Insolvency Judge on the ground that Section 17, Debt Redemption Act did not apply to insolvency proceedings and only applied to execution of Civil Court decrees. The appellant went in appeal before the District Judge who has upheld the order of the Insolvency Judge; henc...
Tag this Judgment!Ghandhrap Singh and ors. Vs. Chameli Devi and anr.
Court: Allahabad
Decided on: Dec-16-1947
Reported in: AIR1948All268
Wali Ullah, J.1. This appeal is directed against an order passed by the learned District Judge of Agra in proceedings started by means of an application for probate of a will alleged to have been executed by Ghowdhry Nirotam Singh on 6-5-1944. The applicants were three out of the four executors named in the will. The fourth executor named in the will is Thakur Das respondent 2, who is the son-in-law of Chowdhry Nirotam Singh. The application for probate with the will annexed, was filed on 5-9 1944. It was alleged in the application that Chowdhry Nirotam Singh who executed the will on 6-5-1944, died at his village, in the district of Agra, on the same day, viz., 6 5-1944, leaving certain properties which were described in schedule A, attached to the application. The petitioners went on to say inter alia that they them selves were the three real brothers of the testator and were also three out of the four executors named in the will. It was further stated that of the other relations of t...
Tag this Judgment!Mohd. Ishaq HusaIn and ors. Vs. Sahu Chheda Lal
Court: Allahabad
Decided on: Dec-08-1947
Reported in: AIR1948All312
Malik, J.1. This is a defendants' appeal. On 118-1928, Tawwassul Husain and Mt. Sughra Begam executed a mortgage deed for Rs. 1,45,000 in favour of Sahu Makkban Lal. The deed purported to be a usufructuary mortgage and the mortgagee was to be put in possession of the mortgaged property from the beginning of 1836 Fasli and he was to take the income of the property in lieu of interest. On the same date a stamp paper was purchased on which a lease was executed on 24-S-1928. Under this lease, the mortgaged property was given on lease, by the mortgagee, to Tawwassul Husain, one of the mortgagors, from the beginning of 1336 Fasli and the rent reserved was Rs. 8,700 which was payable in three instalments, on 15th December, 15th February and 15th June each year. It may be mentioned incidentally that if the mortgage amount of Rs. 1,45,000 carried interest at 6 per cent, the amount of interest payable in any year would be Rs. 8,700.2. Tawwassul Husain, the lessee, made defaults in payment of the...
Tag this Judgment!Raghubar Singh Vs. Emperor
Court: Allahabad
Decided on: Dec-03-1947
Reported in: AIR1948All227
ORDERHarish Chandra, J.1. The applicant has come up in revision from an order requiring him to furnish security under Section 109, Criminal P.C. The order was made by a Magistrate. He went up in appeal to the Sessions Court which dismissed his appeal and he has now come up to the High Court in revision.2. The point raised on his behalf is that the trial was illegal inasmuch as he was given no opportunity to cross-examine the prosecution witnesses further after the prosecution had closed their case and before he was called upon to enter upon his defence and produce his evidence, as provided by Section 256, Criminal P.C. Proceedings under chap. 8 are governed by the provisions of Sub-section (2) of Section 117 which requires that an enquiry under that chapter in a case in which the order requires security for good behaviour shall be made 'as nearly as may be practicable' in the manner prescribed for conducting trials and recording evidence in warrant cases. The argument is that when proc...
Tag this Judgment!Jagmal and anr. Vs. Emperor
Court: Allahabad
Decided on: Dec-02-1947
Reported in: AIR1948All211
Sinha, J.1. Shyam Lal Kandhera, Har Swarup Barber and Jagmal Gujar were placed on their trial for the murder of a sweeper Ramdin on the night 'between 25th and 26th October 1946. Shyamlal and Jagmal are residents of Mauza Boraki, whereas Har Swarup resides in Mauza Datauli, but all within the police station of Dadri, in the district of Bulandshahr.2. The story for the prosecution is briefly this: Ramdin was induced to go to Shahdara for the purchase of a buffalo. He was accompanied by Jagmal. They missed the train at Chhauli and returned to their houses. Both of them again went to Shahdara and stayed there the whole day. After sunset, at about 8 P.M., they returned on a bus to the village. They actually alighted at Dadri and took a foot path. They met Tula of Kathera near the culvert of Mauza Palla. As they reached the bank of a canal, Shyamlal Kandhera and Har Swarup Barber both met them. There was some talk between them. Ramdin was ahead of them. Shyam Lal and Har Swarup, who were in...
Tag this Judgment!Baqar Vs. Emperor
Court: Allahabad
Decided on: Dec-02-1947
Reported in: AIR1948All239
Wali Ullah, J.1. Baqar, appellant, aged about 19 years, appeals against his conviction of an offence under Section 304, Penal Code, and the sentence of three years' rigorous imprisonment passed upon him by the leaned Additional Sessions Judge of Meerut.2. Baqar and his three brothers, Sharafat, Liaqat and Latafat, were tried for an offence under Section 304 read with Section 34, Penal Code, on a charge arising out of an incident which occurred at about sunset at village Kalchina on 6-12-1945. In this incident one Ausaf Ali aged 55 years received a number of injuries with lathis. Ausaf Ali died while he was being taken to the thana on a cot. A report was made at police station Modingar, some four miles away from the village, at about 8-30 A.M. next morning by a man called Nizam Uddin a nephew of Ausaf Ali. Police investigation followed with the result that Baqar and his three brothers were put upon their trial before the leaned Additional Sessions Judge. The first information report, on...
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