Allahabad Court March 1949 Judgments
Kesho Ram Vs. Mt. Suraj Balli
Court: Allahabad
Decided on: Mar-08-1949
Reported in: AIR1949All751
ORDERWali-Ullah, Ag. C.J.1. This is an application in revision under Section 25, Small Cause Courts Act directed; against an order passed by a learned Judge of the Small Cause Court allowing an objection raised by the judgment-debtor to the effect that the application for execution was barred by limitation.2. It appears that a simple money decree was passed on 22nd of November 1933, in favour of Sahdeo Kalwar, predecessor-in-interest of Kesho Ram, the applicant. The first application for execution was made on 2nd October 1936. It seems that there was some slight defect in this application inasmuch as the numbering of the suit was not correctly set out in the application. Next, we find that on 4th January 1937, an application was made by the decree-holder which contained a prayer that the decree be transferred to Deoria. The learned Judge of the Small Cause Court at Gorakhpur thereupon, on 30th January 1937, passed an order directing the transfer of the decree to the Court at Deoria and...
Tag this Judgment!Jagroop and anr. Vs. Rex
Court: Allahabad
Decided on: Mar-08-1949
Reported in: AIR1952All276
ORDERDesai, J.1. The applicants, who are a driver and a conductor of lorry owned by one Raj Kishore Verma, have been convicted under Section 112, Motor Vehicles Act, read with Rule 79 (8), Motor Vehicles Rules, for carrying 52 passengers as against the prescribed maximum of 40, under Section 42 read with Section 123 of the Act for not issuing tickets to passengers and under Section 112 read with Rule 162 for not equipping the lorry with a fire extinguisher. On appeal the conviction of the conductor under Section 42 read with Section 123 was quashed; the other convictions and sentences were maintained. 2. The only evidence produced in the case is that of the enforcement squad inspector and the head constable working under him. They deposed that there were 62 passengers in the lorry that there was no fire extinguisher and that the passengers stated that they were not given tickets. Neither the permit nor the registration certificate which must have been in the possession of the applicant...
Tag this Judgment!Horam and ors. Vs. Rex
Court: Allahabad
Decided on: Mar-03-1949
Reported in: AIR1949All564; 1949CriLJ868
Agarwala, J.1. This is an appeal by seven persons, Horam, Chhote, Jithua, Mangala, Ram Chander, Jhabra and Moti, who have been convicted by the Sessions Judge of Moradabad under Sections 304/149, 325/149, 323/149 and 147, Penal Code, and sentenced to various terms of imprisonment, the maximum sentence being seven years.2. The prosecution case was that the accused Ram Chander was a tenant of a certain plot in Village Jagua in the District of Moradabad in the zemindari of Mohammad Mehdi Raza. There were ejectment proceedings against Ram Chander and it was alleged possession was delivered by the court amin to the zemindar's representative on 1lth November 1945. At that time there were no crops in the field. In June 1946, be the prosecution story went on, the zemindar got a crop sown in the field but owing to excessive rain this crop did not come up satisfactorilly About ten days later, namely, on 27tb June I9i6, the zemindar decided to have the field reploughed and reown. He sent Teja alo...
Tag this Judgment!Syed Zahid Ali Sabzposh Vs. Syed Shahid Ali Sabzposh
Court: Allahabad
Decided on: Mar-03-1949
Reported in: AIR1952All660
P.L. Bhargava, J.1. This is a plaintiff's appeal. The suit, which has given rise to this appeal, was instituted by Syed Zahid Ali, the plaintiff-appellant, against his own brother, Syed Shahid Ali, the defendant respondent for the purpose of obtaining a perpetual injunction restraining the latter from looking after the management of their shares in seven villages, which he described as wakf property and the shares in three other villages, which he claimed as his exclusive property, mentioned in Clauses A and B, at the foot of the plaint and from making collections there from, and also for settlement of account and recovery of his share of profits of the said villages. 2. The plaintiff's case was as follows : The property in suit had been made wahf-alal-aulad and he was the mutwalli of the same. The property mentioned in Clause B was exclusively owned by him. The management of the property in suit was in the hands of Syed Wajid Ali, who died in October 1938. Thereafter, at the request o...
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