Allahabad Court October 1948 Judgments
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Bhondu Vs. Rex
Court: Allahabad
Decided on: Oct-25-1948
Reported in: AIR1949All364
ORDER1. The following questions have been referred to us for decision by a learned single Judge of this Court:1. When does an investigation by the police start? Is it immediately after the registration of the case by the police or when it starts to ascertain the actual offence and the culprits thereof?2. If after the first information report the complainant hands over a list of the stolen property to the Sub-Inspector as soon as he arrives on the spot for investigation, is such a list inadmissible in evidence under Section 162, Criminal P.C.?2. The facts necessary for a proper decision of the questions involved are these. On the night between 13th and 14th August 1946, a burglary took place at the house of one Mohammad Yusuf in the town of Saidpur, district Ghazipur. He discovered it in the morning and sent a slip to' the police informing it of the theft. No suspicion was expressed against any one in the slip; nor was the list of property stolen given in it. It was as follows:ToThe Sub...
Hari Mohan Vs. Bishwanath and anr.
Court: Allahabad
Decided on: Oct-25-1948
Reported in: AIR1949All563
Agarwala, J.1. This revision application arises out of a suit for redemption under the Agriculturists' Relief Act and the Debt Redemption Act,2. The plaintiff's father executed the mortgage in suit for a sum of Rs. 4,880. The plaintiff claimed redemption without payment of any sum on the ground that the mortgage money had been paid up by the usufruct enjoyed by the defendants-mortgagees. The plaintiff claimed that the benefits of the Debt Redemption Act should be given to him.3. The defence, inter alia, was that the plaintiff was not entitled to the benefits of the Debt Redemption Act as he was not an agriculturist within the meaning of Section 2 of that Act.4. The learned Munsif held that the plaintiff was not entitled to the benefits of the Debt Redemption Act, and decreed the plaintiff's suit for redemption subject to payment of Rs. 4,880, the mortgage consideration.5. Both parties appealed against the order of the learned Munsif. These appeals were decided by one judgment. The lowe...
Raja Ram and ors. Vs. Chheda and anr.
Court: Allahabad
Decided on: Oct-21-1948
Reported in: AIR1949All555
Malik, C.J.1. Village Salahpur, pargana Daranagar, district Bijnor, belonged to four brothers, Ram Chander Mal, Ishwari Prasad, Chhote Lal and Jwala Prasad. On 15th October 1925, the village was sold by them to one Lala Makkhan Lal. At the time when the sale deed was executed, the settlement proceedings were in progress and it was anticipated that there would be some change in the amount of the land revenue payable to the Government which would affect the profits realisable by the zamindar. Along with the sale deed an agreement was executed on the same date, 15th October 1925, between the vendors and the vendee, and this agreement provided that if as a result of the settlement the profits remained at Rs. 1,500, Rs. 36,000 the price for which the village was being sold, would hold good, but if the profits were reduced the vendors would have to refund the decrease in the profits at the rate of 5 annas per cent. per mensem out of the sale consideration of Rs. 35,000, and if the profits we...
Firm Debichand Lakshmi NaraIn Vs. Radhey Raman (insolvent) and anr.
Court: Allahabad
Decided on: Oct-21-1948
Reported in: AIR1949All645
Wanchoo, J.1. This is a revision by firm 'Debi Chand Lakshmi Narain' under Section 75, Provincial Insolvency Act.2. The facts leading to this revision are these. The applicant made an application on 5th July 1989 for declaring Radhey Raman an insolvent. Radhey Raman was declared insolvent on this application on 23rd of April 1940 and was ordered to apply for his discharge within two years. It seems, however, that the administration of the estate took more than two years. Eventually in, February 1943, the applicant tendered proof of his debt in the manner provided by Section 49 (1), Insolvency Act sending by post in a registered letter, to the Court, an affidavit verifying the debt. On 313t August 1943, the Court, under Section 33 (1), Insolvency Act, held that the debt of the applicant had been proved and ordered it to be entered in the schedule of creditors. On 23rd November 1944, however, the receiver made an application under Section 50, Insolvency Act, praying that the debt of the ...
Mohammad Mehdi Vs. Mt. NaraIn Dei
Court: Allahabad
Decided on: Oct-20-1948
Reported in: AIR1949All326
1. This appeal arises out of a suit instituted by the appellant Raja Syed Mohammad Mehdi for recovery of Rs. 64,512 on the foot of a mortgage.2. The controversy between the parties is now confined to issue 3 which was as follows:Is the plaintiff a professional creditor under Section 32, U.P. Agriculturists' Relief Act, as alleged? If so, is the defendant not liable to pay interest and costs of the suit since the date of the enforcement of the Act as pleaded? Its effect?3. The mortgage-deed was executed on 31st July 1928 by the defendant-respondent Mt. Narain Dei in lieu of Rs. 18,000. It carried interest at the rate of 9 per cent. per annum compoundable yearly. The property hypothecated under it was mohal Bhaiya Nageshwar Prasad, village Yorki, district Faizabad. The plain-tiff did not supply to the debtor any statement of account in compliance with Section 32, Agriculturists' Relief Act, and the sole question which arises for determination is whether or not he is liable to the penalty...
Nawabzada Mohmud Hasan Khan Vs. Rex.
Court: Allahabad
Decided on: Oct-18-1948
Reported in: 1949CriLJ660
ORDERBind Basni Prasad, J.1. This order will govern the three habeas corpus applications of Nawab Zada Mahmud Hasan Khan, Mohammad Yamin and Khalil Ahmad, all residents of Sambhal, District Moradabad, who were arrested and ordered to be detained as a sequel to the serioua communal disturbances which took place there on 12th June 1948. The first applicant. Nawab Zada Mahmud Hasan Khan, was the Vice President of the Sabhal Muslim League and is an ex-Chairman of the Sambhal Municipal be ard. The second applicant, Mohammad Yamin, states in his affidavit that he is assessed to an income-tax of Rs. 2,700.2. Nawab Zada Mahmad Hasan Khan was arrested soon after the riots for offences under Sections 302 and 148, Penal Code. He applied for bail to the Magistrate in charge of the inquiry. It was opposed by the prosecution and was rejected. Learned Sessions Judge, however, granted him bail on 19th July 1948. On 28th July 1948, the District Magistrate of Moradabad, acting under Sub-section (2) of S...
Lala Lakshmi Nath Seth Vs. Pt. Kanhaiya Lal Shukla
Court: Allahabad
Decided on: Oct-18-1948
Reported in: AIR1949All333
Ghulam Hasan, J.1. This is the defendant's appeal who was unsuccessful in both the Courts below. The facts are briefly these:2. On 27th February 1935, Lala Lakshmi Nath Seth, who will be referred to hereafter as Seth, obtained a decree for underproprietary rent against a large number of persons including Pandit Kanhaiya Lal Shukla, Ram Bakhsh and Ganga Ram. Seth is the superior proprietor of village Targaon in respect of which the decree for underproprietary rent was obtained. On 23rd November 1935, Ram Bakhsh and others applied under Section 4, Encumbered Estates Act. The application was in due course forwarded to the Special Judge, where Seth put forward his claim as one of the creditors. The application was, however, dismissed by the Sub Divisional Officer] on 26th May 1938, on the ground that all the] members of the joint Hindu family had not joined and also on account of certain other technical defects. This order was upheld right up to the Board of Revenue on 19th October 1938. T...
Mohd. AmIn Vs. Bajrangi Singh and ors.
Court: Allahabad
Decided on: Oct-18-1948
Reported in: AIR1949All335
Ghulam Hasan, J.1. The only question that arises-in this appeal is whether upon a true construction, the deed of transfer (Ex. 1) read with the agreement (Ex. A-1) is a sale with a condition of repurchase or a mortgage by conditional sale. The matter arises in this way.2. Bajrangi Singh and others filed an application under Section 4, U.P. Encumbered Estates Act, on 20th October 1936. Decrees were passed in due course by the Special Judge under Section 14 and they were sent to the Collector under Section 19 on 21st July 1939. On 22nd April 1940 two per-sons Mohammad Afzal and Mohammad Yakub, sons of one Abdullah, filed a claim alleging that they are proprietors of certain plots under the deed of 13th June 1924, executed by the applicants in favour of their father Abdullah for :as. 6,000. The debtors-applicants had shown the three sons of Abdullah Mohammad Amin, Mohammad Yakub and Mohammad Afzal as the mortgagees of the property and the sale deed of 13th June 1924, as a mortgage deed. I...
Har Prasad Singh Vs. District Magistrate
Court: Allahabad
Decided on: Oct-18-1948
Reported in: AIR1949All403; 1949CriLJ657
ORDERBind Basni Prasad, J.1. This is an application under Section 491, Criminal P.C., by one Har Prasad Singh of Ghazipur. By the order, dated 13th August 1948, the District Magistrate in exercise of the powers delegated to him under Section 11, U.P. Maintenance of Public Order (Temporary) Act, 1947, directed the detention of the applicant for a period of six months. He purported to act under Clause (a) of Sub-section (1) of Section 3 of the Act. The grounds communicated to him under Section 5 of the Act wore as follows:You along with several others have been preaching class hatred and inciting the kisans, mazdoors and others against zamindars, capitalists, police, patwaris and further that you have been carrying on false propaganda against the present Government by telling people that the Government is in the hands of the zamindars and capitalists and that the present scarcity of food, clothings and other articles is due to the policy followed by the present Government. You also told ...
Nawabzada Mahmud Hasan Khan Vs. Rex
Court: Allahabad
Decided on: Oct-18-1948
Reported in: AIR1949All406
ORDERBind Basni Prasad, J.1. This order will govern the three habeas corpus applications of Nawab Zada Mahmud Hasan Khan, Mohammad Yamin and Khalil Ahmad, all residents of Sambhal, District Moradabad, who were arrested and ordered to be detained as a sequel to the serious communal disturbances which took place there on 12th June 1948. The first applicant. Nawab Zada Mahmud Hasan Khan, was the Vice President of the Sabhal Muslim League and is an ex-Chairman of the Sambhal Municipal Board. The second applicant, Mohammad Yamin, states in his affidavit that he is assessed to an income-tax of Rs. 2700.2. Nawab Zada Mahmad Hasan Khan was arrested soon after the riots for offences under Sections 302 and 148, Penal Code. He applied for bail to the Magistrate in charge of the inquiry. It was opposed by the prosecution and was reject-ed. Learned Sessions Judge, however, granted him bail on 19th July 1948. On 28th July 1948, the District Magistrate of Moradabad, acting under Sub-section (2) of Se...
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