Allahabad Court March 1950 Judgments
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Ram Nagina Rai Vs. District Magistrate
Court: Allahabad
Decided on: Mar-13-1950
Reported in: AIR1950All500
ORDER1. This is an application under Section 491, Criminal P. C., by Ram Nagina Rai in the following circumstances : On 18th May 1949 the Provincial Government ordered his detention Section 3, Sub-section (1) (a), U. P. Act IV [4] of 1947, for a period of six months. This detention came to an end on 17th November 1949. On 15th November 1949 the District Magistrate of Ghazipur passed an order under Section 3, Sub-section (1), Clauses (d) and (f), requiring him to act in a certain manner. He further ordered him under Section 3, Sub-section (3) of the Act to enter into a bond with two sureties for the due performance and enforcement of the restrictions and conditions specified in the orders against him, immediately after the service of the order. He further directed, under Section 123A, Criminal P. C., that if he failed to execute the band and to furnish the sureties, he be committed to prison or, if ho be already in prison, he be detained there until the period specified expired or until...
Bansi Dhar Vs. Rameshwar and ors.
Court: Allahabad
Decided on: Mar-13-1950
Reported in: AIR1952All562
Kidwai, J.1. On 19-2-1930, a decree was passed in favour of the resps, l & 2 for a sum of Rs. 494/ 14/6 plus costs & interest against the applt. & resp. 3. Various applns. for execution were made, the last one being on 19-2-1944 When this appln. was made the J. D. objected that the appln. was made beyond time having been filed more than 12 years after the decree. Upon this an issue was framed by the Court executing the decree which was as follows 'Are the objectors agriculturists under Act X [10] of 1937 ?' After this issue had been framed, the pleader for the objectors stated as follows 'The objectors are copper-smiths by profession. They have no other occupation in life.' Bansidhar appellant made a statement on oath as P.W. 1. He stated 'I am a copper-smith & deal in copper & brass wares.' At a latter portion of his statement he stated: 'In 1941 I applied for amendment. I classed myself as an agriculturist because I was a copper-smith.' 2. The judgment of the trial Court indicates, t...
Makund Lal Vs. Gopal Das
Court: Allahabad
Decided on: Mar-10-1950
Reported in: AIR1950All536
Mushtaq Ahmad, J.1. This is a defendant's application in revision against an order of the Munsif Haveli Banaras, allowing futher time to the plaintiff opposite party to pay a certain deficiency in court-fee in a partition suit relating to the joint family property of the parties.2. On 5th July 1947, the Court passed a preliminary decree in the plaintiff's favour, the terms of which are not material for the purposes of this case. The operative portion of the judgment towards the end was this :'That the plaintiff's suit for partition of and for recovery of exclusive possession over 1/5th share of the properties detailed and described in schedules A and B appended at the foot of the plaint is decreed against the defendants. The plaintiff shall get his costs of the suit from defendants 2 and 4, The plaintiff shall pay up the deficiency in court-fees within a fortnight. The shares of defendants 1 and 3 in the properties in the suit detailed and described at the foot of the plaint, the exten...
Sita Ram Vs. Sharda NaraIn Singh and anr.
Court: Allahabad
Decided on: Mar-10-1950
Reported in: AIR1950All682
Kidwai, J.1. On 14th July 1920, six persons including one Shanker Singh, executed a deed of mortgage to secure repayment of a sum of Rs. 25,719 borrowed from Manharan Nath and Kailash Nath, Among the properties mortgaged was a 1/12th share of Patti No. 228, thok Chauhan, in Hardoi.2. On 19th February 1929, the mortgagees obtained a decree for sale, They proceeded to execute their decree, but, on 12th September 1933, the judgment-debtors applied for permission to sell the property by private sale, and permission having been granted, three of them, including Shankar Singh, sold their shares of the patti to Raja Durga, Narain Singh of Tirwa, who is now represented by Raja Sharda Narain Singh, respondent No. 1. Another judgment-debtor, Makund Singh, executed a mortgage in favour of the Raja.3. The money due in respect of their shares of the decretal amount was left by the four transferors with the Raja to be deposited in Court, in order to satisfy the decree. Accordingly on 18th September ...
Thakur Pd. and anr. Vs. Rasool Bux and anr.
Court: Allahabad
Decided on: Mar-09-1950
Reported in: AIR1950All489
Bind Bansi Prasad, J.1. This judgment will govern the second appeal No. 2608 of 1946 also. The two suits were brought by the same plaintiffs against two different sets of defendants for the recovery of ground rent. The plaintiffs are the zemindars of mohalla Illahi Bagh in the city of Garakhpur and the defendants in the two suits are residents of the same mohalla. In both the suits it was pleaded that there is a custom in the mohalla according to which the rayyats are liable to pay ground rent to the zemindars. In Suit No. 506 of 1944, from which second appeal No. 2315 of 1946 arises, it was alleged that the defendants had been paying ground rent at eight, annas per annum. In the other suit it was alleged that the defendants had been paying the ground rent at the rate of ten annas per annum. On these allegations Re. 1-8-0 for the ground rent for three years was claimed in one suit andRe. 1-14-0 in the other. Both the Courts below have dismissed the two suits. The plaintiffs come up in ...
Janki Sahu Trust Vs. Ram Palat
Court: Allahabad
Decided on: Mar-09-1950
Reported in: AIR1950All580
Ghulam Hasan, J.1. This execution of decree appeal has been referred to the Full Bench by Hon. M.H. Kidwai J., on the ground that there was a conflict of authority in the various High Courts in India upon the question of law arising in the case.2. The facts are few and simple. Janki Sahu Trust obtained a simple money decree from the Civil Judge of Sultanpur exercising jurisdiction as a Small Cause Court against Sheo Ghulam deceased for Rs. 300 on 31st May 1930. The decree was transferred to the Munsif not vested with Small Cause Court powers for execution. Three unsuccessful applications for execution were made and we are concerned with the fourth application, which was the last, made on 5th March 1942. It is not denied that the limitation for execution of the decree expired on 31st May 1942. In the application above referred to four plots Nos. 248, 913, 919 and 964 described as groves were sought to be attached and sold in addition to certain houses belonging to the judgment-debtor, S...
Raghunath Singh and ors. Vs. State
Court: Allahabad
Decided on: Mar-02-1950
Reported in: AIR1950All471
P.L. Bhargava, J.1. Babban Lal was formerly the patwari of village Bijaura, P. S. Mardah in the district of Ghazipur. In October 1946 he was appointed to officiate as supervisor kanungo of Zahurabad with head-quarters at Qasimabad, to which place he shifted from Bijaura. He has sixteen or seventeen bighas of occupancy land in village Bijaura. It is recorded either in the name of Lallan Prasad, his brother, or in the name of Bhagwan Prasad, a cousin of his. It is said that while he was away, on the morning of 15th Jane 1947, Babban Lal's house in village Bijaura was looted and razed to the ground.2. On 19th June 1917, Babban Lal made a report at P. S. Mardah alleging that the appellants and twenty-nine other persons had, on 15th June 1947, in the morning raided his house and, having broken the lock on the outer door of the house, removed the goods lying therein, dismantled the roofs and the walls of the house and removed the door leaves, etc., and threw the clay of the walls into a ditc...
Jhagru Kurmi Vs. State
Court: Allahabad
Decided on: Mar-02-1950
Reported in: AIR1950All497
ORDERRaghubar Dayal, J.1. A woollen coat, a muffler and a sweater of Ram Chandra Singh, a student of the Banaras Hindu University, were stolen on the night of 2nd January 1949. On 6th February 1949 they were found in possession of Jhagru applicant. He was wearing the sweater and muffler and he produced the coat on being asked about it. He stated at the time of recovery that he had purchased these things from Dwarka for Rs. 10.2. Dwarka was convicted under Section 379, Penal Code, Jhagru was convicted under Section 411, Penal Code. Dwarka filed a revision before the Sessions Judge for his conviction and sentence of fine of Rs. 40. The revision was rejected by the learned Sessions Judge and so Jhagru comes up in revision to this Court.3. I am of opinion that it cannot be said that Jhagru had received these stolen clothes knowing or having reason to believe them to be stolen property. His conduct indicates that he had no guilty conscience. His place of residence is close to the University...
Nageshar Ram and anr. Vs. Bansbahadur Singh and anr.
Court: Allahabad
Decided on: Mar-02-1950
Reported in: AIR1950All532
Agarwala, J.1. This is a plaintiffs' appeal arising oat of a suit (or three reliefs-- (a) for a declaration that the plots in suit (which are agricultural plots) be declared to be the joint family property of the plaintiffs and defendant 2' Chander Prasad, (b) that a lease dated 27th June 1942 executed by Chander Prasad in favour of defendant 1 Bans Bahadur Singh be cancelled and (c) that possession over the plots in suit may be awarded to the plaintiffs. Both the Courts below have held that the plots in suit were the joint family property of the plaintiffs and defendant 2, and therefore they have granted a declaration to that effect to the plaintiffs, but the other two reliefs have not been granted. The point in this appeal is whether the other two reliefs could be granted.2. The plots in dispute are zamindari property. They were purchased in July 1934 by the plaintiffs in the name of Chander Prasad who was then a minor and is the son of Nageshwar Bam, plaintiff 1, plaintiff 2 being a...
Durga Shah Mohan Lal Bankers Vs. Governor General in Council and ors.
Court: Allahabad
Decided on: Mar-02-1950
Reported in: AIR1952All590
Desai, J. 1. This is an appeal by a plff. whose suit for the recovery of money has been dismissed by the Dist, J. of Kumaun on appeal. It was decreed by the trial Court, but the learned Dist. J. reversed the decree. 2. There is no dispute about the facts which, are as under. The plff. appellant, Messrs. Durga Sah Mohan Lal Sah, is a firm of bankers at Ranikhet. In 1940 'B' Company of the Queen's Royal Regiment, under the command of Major Phillips, was stationed at Dulikhet. On 31-5-1940 Lt. Lockyer of the Regiment in his official capacity drew a cheque for Rs. 716-13-0 on the Imperial Bank of India, Allahabad branch, payable to Major Phillips also in his official capacity, or bearer, & crossed it generally. He did not mark it as 'not negotiable.' He handed over the cheque to Major Phillips who endorsed it in blank on the back & gave it to Sgt. Pettiford: with direction to take it to Lt. Mausel to pay it into the local treasury. Sgt. Pettiford, contrary to the direction & apparently dis...
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