Allahabad Court December 1949 Judgments
Gangadhar Vs. State
Court: Allahabad
Decided on: Dec-23-1949
Reported in: AIR1952All580
Seth, J. 1. This is a reference by the learned Ses. Judge of Mathura recommending that an order passed by a Mag. be modified.2. The aforesaid order was passed in proceedings started under Section 145, Cr. P. C. which were started on an application made by applicant Gangadhar stating that there was dispute about the possession of a piece of land on which a shop was being reconstructed & that the opposite parties were likely to commit a breach of peace. Thereupon enquiry was made from the Station Officer of Baldeo police station & a report was received from him to the effect that there was a likelihood of a breach of peace. When notices were issued to the opposite parties, they put for ward a written statement in which they alleged, inter alia, that there was no likelihood of any breach of peace. The learned Mag. recorded a finding that there was no apprehension of any breach of peace from the side of the opposite parties.3. It is true that there is no specific finding to the effect that...
Tag this Judgment!Mt. Radha Kunwar Vs. Ram NaraIn and ors.
Court: Allahabad
Decided on: Dec-23-1949
Reported in: AIR1952All587
Mushtaq Ahmad, J. 1. This is an appeal by deft. 1 in a suit for recovery of Rs. 8,500 in which a decree for Rs. 6.018-15-0 only was passed by the learned Civil Judge of Aligarh. The facts giving rise to the appeal are these:2. One Yamuna Prasad & a person called Yudhishtra Prasad held a decree which was partly on a mortgage & partly on a simple debt against one Hakim Jeevan Lal. These D. Hs. were the nephews of one Lala Jhanku Lal who died on 26-4-1936, leaving a widow, deft. 1, who is the appellant in this case. Jhanku Lal was a trustee of an institution known as Govind Ram Sapraia Aushadhalaya, Hathras, under the management of Ram Narain, pltf. 1. The suit was filed by Ram Narain along with the Trust as pltf. 2 against the widow of Jhanku Lal, & the other members of the Trust Committee were impleaded as pro forma defts.3. The aforesaid D. Hs., it appears, stood in need of money, & as they had not been able to recover the amount of their decree from the J. D. by that time, they made a...
Tag this Judgment!Abul Hasan and anr. Vs. Rex
Court: Allahabad
Decided on: Dec-22-1949
Reported in: AIR1952All365
ORDERV. Bhargava, J. 1. This is a reference by the learned Sessions Judge of Shahjahanpur arising out of proceedings for the extradition of three persons, Abul Hasan, Abdul Ali and Muhammad Khan.2. A warrant for the arrest of these persons was recived from a Court in Bhopal by the Sub-Divisional Magistrate of Shahjahanpur in April 1949. The Sub-Divisional Magistrate recommended to the Provincial Government the extradition of these three persons to the Bhopal State and pending the orders of Government, committed them to jail. Revision applications against this order of the Sub-Divisional Magistrate were filed before the learned Sessions Judge of Shahjahan-pur who has made this reference thereon.3. Before dealing with this reference, I have to take notice of the fact that in making this reference the learned Sessions Judge has not done his duty at all. He has mentioned four points that arose for decision in connection with the revision applications before him. Instead of exercising his m...
Tag this Judgment!Mt. Chandi Devi Vs. Deoki Nandan and ors.
Court: Allahabad
Decided on: Dec-22-1949
Reported in: AIR1952All561
Malik, C.J.1. This is a deft.'s appeal in a suit for pre-emption. On 5-2 1949, defts. 2 to 6 sold a house situate within the municipal limits of Shahjahanpur to the appellant Mt. Chandi Devi for Rs. 7000. The suit for pre-emption was filed by Deokinandan, who is a junior member of the joint Hindu family, along with his unoles Kedar Nath & Raja Ram, & it is said that Kedar Nath is the Karta of the family. The plff. heard of this sale & it was claimed on his behalf that immediately on coming to know that the property had been sold he performed the first talab & then took out a sum of Rs. 4000 which he had been informed was the sale price, & went to the house in suit & in the presence of Kanhai, Badhey Shyam, Raja Ram & Goberdhan performed the second talab. He said in his deposition that he had said on the spot :'I had already performed the first demand & that I was the pre-emptor & am performing the second demand & am ready to pay the price & that the witnesses were to bear testimony to ...
Tag this Judgment!ZahinuddIn HusaIn Vs. Chokhey Lal and ors.
Court: Allahabad
Decided on: Dec-22-1949
Reported in: AIR1952All662
Walli Ullah, J.1. This is an appeal by a, judgment-debtor against the order passed by the Court below dismissing his objections with costs.2. The facts necessary for appreciating the objections filed by the appellant are not in controversy and are briefly these. 3. One Alimuddin Husain owned 20 biswas of village Nagla Khyali. On 7-4-1916 he executed a deed of mortgage in favour of one Lala Talewar in respect of five biswas out of the 20 biswas owned by him in this village. Alimuddin Husain died in 1921 leaving his son named Aminuddin Husain and two daughters, named Amir Jan and Wazir Jan. In the result, therefore, the equity in the half of the five biswas mortgaged to Lala Talewar devolved upon the son Aminuddin Husain. On 2-1-1925 Aminuddin Husain made a wakf-alla-aulad of the entire 10 biswas share in village Nagla Khyali which he had inherited from his father Alimuddin Husain. He died in 1927 leaving two sons, viz. Hasinuddin and Zibinuddin, minors, and throe daughters, viz. Zahina ...
Tag this Judgment!Sm. Radha and ors. Vs. Sm. Gulzari and ors.
Court: Allahabad
Decided on: Dec-21-1949
Reported in: AIR1952All462
Harish Chandra, J. 1. This is a first appeal from orderagainst the order of the learned Civil Judge ofBanaras setting aside the order of the learnedCity Munsif of Banaras rejecting the plaint ofrespondent 1, who is the main respondent in thisappeal, under clause (d) of Rule 11 of order 7, Civil P.C. 2. The property in suit is a house in the cityof Banaras which respondent 1, sm. Gulzari Kuer, claims to be her own property. In theyear 1936 Jagdamba Prasad, the farther-in-law ofthe respondent and Ganesh Prasad her husbandtogether with her sons and nephews, who wereall arrayed as defendants in the suit, presentedan application under the Encumbered EstatesAct before the Collector of Banaras. It was indue course transferred to the Court of the SpecialJudge, Second Grade. The property in questionwas shown by the landlords-debtors as their own property. The Special Judge declared this property along with other properties belonging tothe debtors as liable to attachment, sale or mortgage in sat...
Tag this Judgment!NaraIn Singh Vs. Rex
Court: Allahabad
Decided on: Dec-21-1949
Reported in: AIR1952All621
ORDERDesai, J.1. These five applications are for revision of judgments of the Ses. J. of Mathura confirming the applicant's convictions & sentences under Section 7, Essential Supplies (Temporary Powers) Act, 1946 (Act XXIV [24] of 1946) read with Clause 3 (iii), D. P. Food Grains (Movement) Control Order, 1948. The facts found by the Courts below, which are accepted by me sitting in revision, are that these applicants carried rice in motor trucks along the road going from Mathura to Kosi & were caught at the level crossing just in front of Kosi Railway station, on 58-10-1948, at about 4 A. M. There were five trucks loaded with rice. The Police had received previous information that rice would be carried in trucks along the road & so they got the level crossing closed & waited for the trucks to arrive. They all arrived together & were seized by the police. In some trucks there were the owners of the rice. They, as well as the drivers & cleaners of the trucks, were prosecuted. There were...
Tag this Judgment!Durga Prasad Vs. Dalpat Ram and ors.
Court: Allahabad
Decided on: Dec-21-1949
Reported in: AIR1952All645
Agarwala, J.1. This is a D-H's. appeal arising out of execution proceedings. The decree sought to be executed was a mortgage decree for sale on the basis of a mortgage deed of 1925. A suit in forma pauperis was filed on the basis of a prior mortgage & ultimately the mortgaged property was sold for payment of the amount due to Govt. on account of court-fee & was purchased by Dalpat Singh respondent for a sum of Rs. 137. When the suit on the basis of the mortgage deed of 1925 was filed by the D.H. Dalpat Singh was impleaded as a subsequent transferee. His defence was that he was not a subsequent mortgagee, but was a prior charge holder. It was held that he was a prior charge holder to the extent of Rs. 137 & the suit was decreed for sale of the mortgaged property subject to the payment of Rs. 137 to him. This decree was made final on 20-10-1934.2. The first execution application was made on 24-4-1937. One of the J. Ds. had died & in the application his heirs had been impleaded. The Court...
Tag this Judgment!Ram Kishna Vs. Ramjanki Shiva Parbati Maharaj and ors.
Court: Allahabad
Decided on: Dec-20-1949
Reported in: AIR1952All355
Malik, C.J. 1. This is a revision under Section 115, Civil P. C. against an order of the learned Civil Judge of Allahabad dated 10-12-1848.2. A suit was tiled in the Court of the learned Civil Judge in 1947 in which the issues that were framed by his predecessor were as follows :1. Whether Baijnath was the owner of the property in suit 2. Whether Baijnath dedicated the property in suit in favour of the plaintiffs Whether the waqf was acted upon 3. Whether the suit is barred by Articles 142 and 144, Limitation Act 4. Whether the court fee paid is insufficient 5. Is the suit barred by Section 42, Specine Relief Act 6. Whether the plaintiffs are members of Nawyuwak Mandal and is it a registered body, if so, what is us effect on the suit 7. Are the plaintiffs competent to maintain the suit Or is the suit as framed not maintainable 8. To what relief, if any, are the plaintiffs entitled 3. The parties went to trial on these issues. Evidence was recorded, arguments were heard and the j...
Tag this Judgment!Palak Dhari Vs. Paras Nath
Court: Allahabad
Decided on: Dec-20-1949
Reported in: AIR1950All400
Mootham, J.1. This is a second appeal from a judgment and decree of the learned District Judge of Basti dated 9th February 1946.2. The relevant facts can be very shortly stated. The appellant applied for the benefit of the United Provinces Encumbered Estates Act, and in due course an order was made by the Collector under Section 6 of that Act forwarding the appellant's application to the Special Judge. Subsequently the respondent brought a suit against the appellant for the recovery of certain mesne profits, and on 29th May 1911, he obtained a decree. It is not clear whether the claim to mesne profits arose before or after the passing of the order under Section 6, but that in my opinion is immaterial. On 15th May 1944, the respondent sought to execute his decree by the attachment and sale of certain Zamindari property belonging to the appellant. The appellant contended that in view of the provisions of the Encumbered Estates Act the decree could not be executed and that in any case his...
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