Allahabad Court July 1949 Judgments
Rai Surendra Nath and ors. Vs. Sm. Naraini Devi
Court: Allahabad
Decided on: Jul-29-1949
Reported in: AIR1951All69
Bind Basni Prasad, J.1. This is a second appeal from an order passed by Mr. Oak, District Judge of Azamgarh, upholding in appeal the order, dated 24-7-1943, passed by the late Lal Bhagwati Dayal Singh, Civil Judge, dismissing the objections of the judgment-debtors in an execution proceeding. The undisputed facts are as follows :2. On 25-3-1934, one Rai Achhuta Nand executed a pronote in favour of the decree-holder respondent, Sm. Naraini Devi. In 1937, she brought a suit on the foot of the pronote for the, recovery of the amount due under it. On 5-4-1937, a compromise decree was passed according to which the amount sued for together with pendente lite and future interest and costs were decreed. The said amount was payable in thirteen six-monthly instalments. It was stipulated that a period of grace of two months would be allowed for payment of every instalment, but in the event of default of any three instalments the entire decretal amount was to become due at once. Rai Achhuta Nand di...
Tag this Judgment!Jitendra Bahadur Singh and ors. Vs. Ballabh Das and ors.
Court: Allahabad
Decided on: Jul-29-1949
Reported in: AIR1950All94
1. This execution of decree appeal is preferred by the judgment-debtor. The material facts are as follows :2. On 17th April 1920, a preliminary decree for sale on the basis of a deed of mortgage was passed by the Subordinate Judge, Barabanki, for RS. 1,06,660 with future interest at Rs. 5-4-0 per cent. per annum in favour of Gobardhan Das. A final decree on the basis of this preliminary decree was passed on 27th January 1923. On 19th March 1931, the names of Ballabh Das and Madan Murari, opposite parties Nos. 1 and 2, were substituted on the record as Gobardhan Das, the original mortgagee, was dead and they were his legal representatives. On 1st July 1932 Ballabh Das and Madan Murari applied for execution of their decree. They sought execution against Narendra Bahadur Singh, Rudr Pratap Singh. Jang Bahadur Singh and Sri Chandar Singh. Jang Bahadur Singh and Sri Chandar Singh were minors. It appears that there was a partition among the descendants of the original mortgagor Inder Dawan S...
Tag this Judgment!Seth Kishori Lal and anr. Vs. Haji Muhammad Nazir and ors.
Court: Allahabad
Decided on: Jul-26-1949
Reported in: AIR1950All97
1. Seth Kishori Lal and Seth Babu Lal, as mortgagees under a mortgage deed executed by Yusuf Ali Khan on 23rd February 1929, with respect to Khewat No. 24 in mohal Naukheel village, Sikandra Rao filed their written statement of claim in proceedings under the Encumbered Estates Act on the application of Yusuf Ali Khan. Haji Mohammad Nazir and Mohammad Basbir also filed their written statements of claim on the basis of mortgage deeds executed in their favour in 1931, and later with respect to khewat 24 of mohal Naukheel and other property. Money decrees were passed on the basis of these claims by the Special Judge, and the debts in favour of these mortgagees were ranked in class 4, without any ranking inter se among those debts in class 4. It was ordered that all the debts of class 4 would be treated as of equal rank. It is against this order of the Special Judge, first grade, that this appeal has been filed by Seth Kishori Lal and Seth Babu Lal.2. The contention for the appellants is th...
Tag this Judgment!Sat NaraIn Vs. Rex
Court: Allahabad
Decided on: Jul-25-1949
Reported in: AIR1950All86
Bind Basni Prasad, J.1. When the complainant himself considers this compensation as adequate I do not think it was proper for the learned Sessions Judge to hold it was insufficient. A compromise in a case like this will conduce to amicable relationship between the parties and the dispute will be better settled by accepting the compromise rather than by inflicting a punishment upon the accused. The accused is genuinely sorry for what was done and has paid pecuniary compensation to the complainant for his mistakes. In these circumstances I grant permission for compounding) the case and I accept the compromise.2. The appeal is allowed. The conviction and sentence are set aside and the appellant is acquitted....
Tag this Judgment!Pheru Vs. Bhagavana
Court: Allahabad
Decided on: Jul-25-1949
Reported in: AIR1950All96
Raghubar Dayal, J.1. Pheru filed a plaint in the revenue Court under Section 180, U. P. Tenancy Act of 1939, alleging that Bhagwana defendant had taken forcible possession of the land without his consent, he being the occupancy tenant of that land. Later, he amended the plaint to the effect that the defendant was a zamindar entitled to realise rent and had taken possession of the land and prevented the plaintiff from occupying it. The learned Assistant Collector ordered the plaint to be returned for presentation to the proper Court, holding that no suit lay under Section 183, Tenancy Act against one of the landlords and that a suit against a trespasser was, according to a certain case, cognizable only by the civil Court. The plaintiff, therefore, filed his plaint in the Court of the Munsif, Gaziabad. The Munsif came to a different opinion. He thought that, as the plaint did not allege that the defendant was one of the zamindars, which was an admitted fact, the Court could not have take...
Tag this Judgment!Ghulam Mohammad Vs. Rex
Court: Allahabad
Decided on: Jul-14-1949
Reported in: AIR1950All91
Bind Basni Prasad, J.1. Ghulam Mohammad, aged twenty-five years, resident of the city of Muzaffarnagar, has been convicted by the learned Sessions Judge under Section 302, Penal Code, and sentenced to death. He appeals against that conviction and there is also the reference by the learned Sessions Judge for the confirmation of the death sentence.2. The prosecution case was that on 7th January 1948, Ghulam Mohammad appellant, Mohammad Ayub deceased and Laiq Ahmad, a boy of fourteen, came out of the Novelty Talkies at about 9 P. M. Mohammad Ayub was demanding from the boy Laiq Ahmad to repay Rs. 3,000, but Laiq Ahmad stated his inability to pay the amount. Ghulam Mohammad is said to have intervened and to have asked Mohammad Ayub not to tease the boy. This intervention by Ghulam Mohammad was not liked by Mohammad Ayub and he gave a shoe beating on the face of Ghulam Mohammad. Upon this, Ghulam Mohammad took out a knife from his pocket and struck Mohammad Ayub with it. Kalu Ram constable ...
Tag this Judgment!Bengalimal and anr. Vs. Rex Through Municipal Board
Court: Allahabad
Decided on: Jul-14-1949
Reported in: AIR1950All92
ORDERMalik, C.J.1. The facts of this case are not disputed. On 4th August 1948, the applicants sold some milk which was said to be adulterated. The Medical Officer of Health of the Municipal Board of Agra sanctioned the prosecution of the applicants under Section 12, U. P. Prevention of Adulteration Act on 13th October 1948. Section 15 (1) of the Act requires that'no summons shall issue for the attendance of any person accused of an offence under Section 4 or Section 10, unless the same is applied for within thirty days from the date upon which the order or consent referred to in Section 12 shall have been made or given.'2. For some reason or other the Municipal Board did not apply for summons within thirty days or the date of the order. When the Board discovered this error they got a fresh sanction from the Medicial Officer of Health on 17th November 1948, and filed the complaint on 19th November 1948.3. The learned Sessions Judge has held that there was nothing improper in getting a ...
Tag this Judgment!Ram Asrey and anr. Vs. Rex
Court: Allahabad
Decided on: Jul-14-1949
Reported in: AIR1950All150
ORDERKaul, J.1. These two criminal revisions were filed in the Chief Court of Avadh on 15th December 1947. Application No. 154 is made by Ram Asrey and Gaya Prasad while No. 155 is made by Ram Asrey alone.2. The material facts are as follows: On 6th January 1947, the applicants were taking two consignments of grain by boats from district Lakhimpur to the adjoining district of Bahraich. They were convicted for having contravened an order dated 26th August 1946, passed by the Regional Food Controller prohibiting export of grain from Kheri district to another district without a permit authorising such export. In each case, the person convicted was ordered to pay a fine of Rs. 75/- and all the grain which was being exported was confiscated to Government. Dissatisfied with this decision Ram Asrey and Gaya Prasad preferred appeals which were heard by the Additional Sessions Judge of Kheri. He noticed that there was no copy of the Regional Food Controller's order for the contravention of whic...
Tag this Judgment!Tunda Vs. Rex
Court: Allahabad
Decided on: Jul-11-1949
Reported in: AIR1950All95
Bind Basni Prasad, J.1. Tunda, aged twenty-four years, a resident of village Jaoli, district Mathura, was sent up by the police under Section 304, Penal Code for having caused the death of one Munshi. Learned Sessions Judge, however, acquitted him of that charge but convicted him under Section 304A, Penal Code for having rashly caused the death of Munshi. The question is whether or not the appellant was guilty of a rash and negligent act within the meaning of S. 304A.2. The prosecution case was that the appellant and Munshi were fond of wrestling and on the morning of 13th May 1947, the appellant invited Munshi to the akhara in Kanhaiya's bagichi for a wrestling bout. They wrestled there. It is alleged that after sometime the deceased said that he would not wrestle any more and went to adjoining chabutra where he began to put on his dhoti. The prosecution goes on to say that the appellant then caught hold of him and threw him down on the hard ground with head downwards with the result ...
Tag this Judgment!Than Singh and ors. Vs. Rex
Court: Allahabad
Decided on: Jul-07-1949
Reported in: AIR1950All93
Bind Basni Prasad, J.1. This appeal arises out of a case under Section 402, Penal Code and Section 19(f), Arms Act. There are four appellants -- Than Singh, Durga, Chiranji and Phagni. They have been sentenced to three years' rigorous imprisonment each under Section 402, Penal Code and Than Singh has in addition been sentenced to six months' rigorous imprisonment and a fine of Rs. 100 or in default to three months' rigorous imprisonment under Section 19(f), Arms Act.2. It appears that on 23rd February 1947 Sub-Inspector Riasatullah Khan of police station Dadon, district Aligarh received information that certain persons were going to assemble for the purpose of committing a dacoity. He took some police force with* him and went to the place known as Sarak-ka Nagla. The police party divided itself into different groups and they arranged themselves in appropriate positions. When darkness set in, a number of persons including the four accused came to a grove near the canal armed with a gun....
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