Allahabad Court February 1949 Judgments
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Chandra Bali Prasad and ors. Vs. Rex
Court: Allahabad
Decided on: Feb-09-1949
Reported in: AIR1952All795
ORDERKidwai, J. 1. This is an application in revision by four persons, Kunwar Chandra Bali Praaad, Kunwar Ambika Prasad, Kunwar Madho Ram and Kunwar Raghuraj Prasad who have been convicted under Section 23, Northern India Ferries Act, and sentenced to pay a fine of Rs. 40/- each. 2. The facts are that there exists a ferry known as Aira Ferry in the district of Kheri. This is used by persons desirous of crossing the river Drra. Formerly the river Urra flowed through the portions of village Aira and Nawapur. Now, however, by a change in its course the river flows only through village Nawapur. Mansadin, contractor who obtained the contract for Aira Ferry from the Aira Estate, continued to ply this ferry and used the land of village Nawapur on both banks of the river Urra for the purposes of the ferry. A suit was consequently brought against him and others in the civil Court, claiming possession of the land in village Nawapur, for mesne profits and an injunction directing Mansadin not to p...
Faqir Chand and ors. Vs. Sooraj Singh
Court: Allahabad
Decided on: Feb-08-1949
Reported in: AIR1949All467
Mushtaq Ahmad, J.1. This is an appeal by the plaintiffs, who are residents of village Bhawanipur, Pargana Sambhal, District Moradabad, in a suit for injunction. The reliefs claimed were that the defendant be directed to remove certain constructions from plots 38 and 39 which form-ed part of a passage running through the Village and that he be prevented from interfering with the plaintiffs' right to take their carts and their processions on occasions of death and marriage along the route in future.2. The allegations in the plaint were, that a passage ran through village Bhawanipur on plots 31, 38, 39 and 44, on either side of which there were residential houses, that on the western side of the passage there was plot 41, on which the defendant had his house, that the defendant by extending that house had occupied plot 38, forming part of the passage and thereby completely blocked the same, that the plaintiffs used to pass over the passage and also take their carts and processions, and th...
Krishna Kumar Tiwari and ors. Vs. Jurawan Misir
Court: Allahabad
Decided on: Feb-08-1949
Reported in: AIR1949All527
Malik, C.J.1. This is a decree-holders' appeal and raises a question of first impression. On 15th January 1927, one Indrajit Misir executed a mortgage in favour of Krishna Kumar Tewari for a sum of Rs. 500. In the year 1934 the mortgagee filed suit on the basis of the mortgage for recovery of the money due by sale of the property (suit No. 552 of 1934). During the pendency of the suit, Indrajit Misir died and after his death a dispute arose between his two sisters, on the one side, who claimed the property by inheritance, and one Jurawan Misir on the other, a stranger to the family, who claimed the property as a legatee under an unregistered will. The sisters ultimately admitted the genuineness of the will and withdrew their objections. The plaintiff impleaded as defendants all the three in place of Indrajit Misir deceased. A final decree for sale was passed on 22nd March 1936, against Jurawan Misir and the two sisters of Indrajit Misir. On 22nd July 1941, the decree-bolder filed an ap...
Mohd. Hanif Vs. Rex
Court: Allahabad
Decided on: Feb-07-1949
Reported in: AIR1952All578
ORDERKidwai, J. 1. This is an appln. for revn. of of an order passed by a Magistrate, first class, in the district of Rae Bareli directing confiscation of some parcles of cloth.2. The facts are that on 27.2.1947, two suit cases & two bundles of cloth were discovered in a house belonging to the applicant. A case was started against him for contravention of Section 18, Sub-section (2), Cotton Cloth & Yarn Control Order, 1945 & Section 6, Sub-section (4), Rae Bareli Town Rationing Order, 1945, read with Section 17/7 of Act XXII [24] of 1946, namely, the Essential Supplies (Temporary Powers) Act. On 25-4-1947, Mohammad Hanif pleaded guilty. He was convicted & sentenced to pay a fine of Rs. 100. On the game date a separate order was passed by the learned Magistrate forfeiting the cloth to His Majesty. On 15-10-1947, Mohammad Hanif applied to the District Supply Officer, who was the same gentleman as the Magistrate who had disposed of the case praying for return of the cloth. The file was th...
Joshi Ram Krishan Vs. Mst. Rukmini Bai
Court: Allahabad
Decided on: Feb-04-1949
Reported in: AIR1949All449
Mushtaq Ahmad, J.1. This is an appeal under Section 83, Lunacy Act, IV [4] of 1912, against an order of the learned District Judge of Banaras holding the appellant as of unsound mind and incapable of managing his affairs within the meaning of Section 65 (2) of the said Act.2. One Joshi Bhawani Shanker, father of the appellant Joshi Ram Krishna, died in 1931, leaving the latter as the surviving member of his joint Hindu family and leaving property alleged to be worth about ten lacs including cash deposits in various Banks. He also left a widow Mt. Rukmini Bai.3. On 18th December 1942, Rukmini Bai, the appellant's mother, who is the respondent in this case, applied under Section 63, Lunacy Act, for an inquisition to be made that the appellant, being a man of unsound mind, was incapable of managing his affairs, and praying for the appointment of a guardian of the latter's person and property. This application was not accompanied either by any affidavit or medical certificate. Were it not ...
Naubat Rai Vs. Jugal Kishore and ors.
Court: Allahabad
Decided on: Feb-01-1949
Reported in: AIR1949All606
Malik, C.J.1. This is a defendant's application in revision. The plaintiffs from time to time lent money to the defendant and the defendant made certain payments. In the year 1945, the plaintiffs filed a suit for recovery of Rs. 136-10-0 as balance due on the basis of the plaintiffs' ac-count-books. The defendant pleaded that he was an agriculturist and that as there was no 'written document' evidencing the loans, for the recovery of which the suit had been filed, within the meaning of Section 39, U.P. Agriculturists' Relief Act, the plaintiffs' suit was bound to fail. There were other pleas also taken and the trial Court framed three issues. It held that the plaintiffs had failed to prove the debt and were, therefore, not entitled to recover anything. The plaintiffs filed an appeal, and the learned District Judge of Farrukhabad held in defendant's favour that the provisions of Section 39, Agriculturists' Belief Act had not been complied with as there was no 'written document'. But the...
Har Sahai and ors. Vs. Rex
Court: Allahabad
Decided on: Feb-01-1949
Reported in: 1949CriLJ878
Kaul, J.1. Har Sahai, his brother Ramesh and their father Babu Lai, Kayesfcha, oi village Janigaon, in district Hardoi, were tried by the learned Sessions Judge of Hardoi for the murder of Lallu Singh and also for having caused grievous hurt to his brother Raghunath Singh. He acquitted them of the charge of murder, but convicted them under Section 325 read with Section 84, Penal Code for having accused grievous hurt to Lallu Singh as also Eaghunath Singh. He sentenced liar Sahai and Ramesh to undergo five years' rigorous imprisonment and Babu Lai to two years' rigorous imprisonment, under each count, The sentences of all the accused were Ordered to run concurrently. They have come up in appeal.2. The prosecution case as sought to be established at the trial was as follows: Babu Lai is a village patwari. So are his two sons, Har Sahai and Rameah. They all live in Janigaon. At a distance of 30 Cr 35 paces from their house stands the house of Lallu Singh and Baghunath Singh. Lallu Singh h...
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