Allahabad Court November 1948 Judgments
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Bachan Singh Vs. Ram Avadh
Court: Allahabad
Decided on: Nov-15-1948
Reported in: AIR1949All431
Bhargava, J.1. This is a reference by the Chief Inspector of Stamps, United Provinces, under Section 61, Stamp Act. The question raised in this reference is whether the two instruments filed in Suits Nos. 11 of 1944 and 31 of 1944 in the Court of the Munsif, Shahganj, Jaunpur, exercising the powers of a Judge, Small Cause Court, were promissory notes or agreements. The first instrument is dated 29th March 1939. It was executed by Ram Avadh Singh and is to the effect:I had borrowed a sum of Rs. 42...bearing Interest at the rate of annas four percent, from Bechan Singh...on 29th March 1939, and have, therefore, executed this pronote on this 29th day of March 1939, so that it may serve as evidence and be of use when needed.The second instrument is dated 30th December 1940. It was executed by Raja Ram Singh and. it recites:I of my own free will and accord approached Mahajan Ranbir Singh...and borrowed from him the sum of Rs. 100...bearing interest at the rate of annas eight per cent, per m...
Mt. Ram Piari and ors. Vs. Dankua
Court: Allahabad
Decided on: Nov-09-1948
Reported in: AIR1949All402; 1949CriLJ655
ORDERSeth, J.1. This is a reference by the Sessions Judge of Hamirpur recommending that an order passed by a Magistrate under S, 145, Criminal P. C. be set aside. There is nothing on the re-cord to indicate that the learned Magistrate had any information before hini on the date when he called upon the parties to put forward their respective claims to satisfy him that there was any likelihood of a breach of peace. Learned Magistrate has not said anything on this point even in the explanation which he has submitted consequent on the order for reference. learned Counsel opposing the reference has also not been able to Joint out anything on the record from which it may be inferred that the learned Magistrate had any material upon which he could be satisfied that there was any likelihood of a breach of peace. All that the learned Counsel has referred to is the application made by his client for proceedings being taken under Section 145, Criminal P. 0. An application contains nothing but the...
HusaIn Bux Vs. Mahiradhoaj Singh
Court: Allahabad
Decided on: Nov-09-1948
Reported in: AIR1949All288
Agarwala, J.1. This is a reference by the District Judge of Jhansi under Section 289(2), U.P. Tenancy Act (XVII [17] of 1939).2. The facts leading to the reference are these Kunwar Mahiradhoaj Singh had filed an application against Husain Bux under Section 175, C.P. Tenancy Act. This application was convested and must, therefore, have been forwarded by the Tahsildar under Section 179 of the Act to the Assistant Collector in charge of the sub-division ached the revenue officer who was an Assistant Collector of the first class. An issue of Jurisdiction was framed and decided by the Revenue officer. Normally, an' appeal from a decree under Section 179, U.P. Tenancy Act, lies to the Commissioner. When this appeal, however, came to be heard before the Additional Commissioner, he was of opinion that it lay to the District Judge and. therefore, returned the Memorandum of appeal for presentation to the proper Court. A preliminary objection had been before him by the respondent, Kunwar Mahiradh...
Kalpu Ahir and ors. Vs. Mukat Nath
Court: Allahabad
Decided on: Nov-09-1948
Reported in: AIR1949All320
ORDERBhargava, J.1. This is an application in revision under Section 115, Civil P.C. It arises out of a proceeding, under Section 12, U.P. Agriculturists' Relief Act, instituted by the plaintiff opposite-party for redemption of a usufructuary mortgage and certain deeds of further charge. The plaintiff alleged that the entire debt had been paid up out of the usufruct of the mortgaged property, while the defendants-applicants averred that the mortgage money was still, payable. Therefore, it be-tome necessary to determine the profits which the mortgagees in possession had obtained from the mortgaged property. There was no satisfactory evidence on the record to prove the amount of annual profits.2. The Additional Munsif of Basti, who tried the case, calculated the annual profits on the basis of circle rate-he multiplied five times the circle rate by area of the plot to find out the produce and deducted 25 per cent for the cost of collection. Calculating annual profits in this manner, he fo...
Chief Inspector of Stamps Vs. Sewa Sunder Lal
Court: Allahabad
Decided on: Nov-09-1948
Reported in: AIR1949All560
Wanchoo, J.1. This is a revision by the Chief Inspector of Stamps, United Provinces under Section 6B, Court-fees Act against the order of the First Civil Judge, Kanpur in a court-fees matter.2. The facts of this case are these. A suit was brought by the plaintiff opposite-party with the following prayers:(a) That the order, dated 18th January 1946, a certified copy of which is attached herewith, requiring the plaintiff to vacate rooms Nos. 7 and 8 passed by the T.R.O. be declared ultra vires, null and void.(b) That the defendant be restrained by perpetual injunction from interfering with the peaceful possession of the plaintiff over the entire portion of the shop including rooms Nos. 7 and 8 in pursuance of the orders above noted, so long as the tenancy continues and is not legally determined.The suit was valued at Rs. 6720 which was said to be the market-value of the portions occupied by rooms Nos. 7 and 8 and at Rs. 200 for the purposes of declaration. Court-fee was paid on one-tenth...
Mathura Das Vs. Hari Shanker and anr.
Court: Allahabad
Decided on: Nov-08-1948
Reported in: AIR1949All306
Bhargava, J.1. The firm Narain Das Ganga Saran of Hathras held a decree against the firm Hari Shankar Moti Ram of Aligarh. The decree was transferred to the Court of the Munsif of Koil, Aligarh, for execution. The Court executing the decree made an order for attachment of the moveable property of the judgment-debtor. The amin attached the property and entrusted the same to Mathura Das, who was appointed a supurdar and executed a tupurdnama on the 30th July 1936. Under the supurdnama he under took to deliver the property whenever and wherever he was called upon by the Court to do so and in the event of his failure to deliver the property to pay its value and the Court could recover the same from his person and property.2. The firm Mithan Lal Mangal Sen of Delhi also held a decree against the firm Hari Shankar Moti Ram of Aligarh. That decree was also transferred to the Court of the Munsif of Koil, Aligarh, for execution. In execution of that decree also certain moveable property of the ...
Official Receiver and anr. Vs. Makund Das
Court: Allahabad
Decided on: Nov-08-1948
Reported in: AIR1949All324
Harish Chandra, J.1. The question as to the insufficiency of the court-fee paid by the plain tiff respondent in the Court below has been raised by the Stamp Reporter.2. The suit was by the nearest reversioner for the possession of certain property which had been unlawfully transferred by a widow named Mt. Lakshmi Kunwar. The plaintiff claimed that he was entitled to get the property as the transfers made by the lady as well as the subsequent transfers were unlawful, null and void and ineffectual as against his right to that property : The Stamp Reporter's contention is that a court-fee is payable on the relief for the cancellation or the adjudging void of these documents under Section 7 (ivA), Court-fees Act, in addition to a court-fee payable on the relief for possession. A further court fee was, of course, to be paid on relief (c) which was valued at Rs. 800. The respondent had paid a court fee of Rs. 660 only, although the total amount of court-fee due from him was Rs. 1,242-8-0. Th...
Dharam Nath Vs. District Judge
Court: Allahabad
Decided on: Nov-08-1948
Reported in: AIR1949All642
Wanchoo, J.1. This is an application by Babu Dharam Nath, a pleader of Basti, who has been suspended by the District Judge of Basti pending the investigation into certain charges of professional misconduct which have been framed against him under Section 14, Legal Practitioners Act (No. XVIII [18] of 1879). These charges were framed on 31st March 1948 and the applicant was told that the acts mentioned in the charges, constitute fraudulent and grossly improper conduct in the discharge of his professional duty and was asked to show cause.2. On 5th April 1948, the learned District Judge suspended the applicant pending investigation into these charges. He says in his order that, after a close study of the matter, he was convinced that he had the authority to pass an interim order of suspension. In the present application, the applicant contends that the District Judge had no such authority and that his order is illegal.3. The question depends on the interpretation of two sections of the Le...
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