Allahabad Court March 1951 Judgments
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Ram Khelawan and anr. Vs. Sri Ram and anr.
Court: Allahabad
Decided on: Mar-15-1951
Reported in: AIR1952All191
Ghulam Hasan, J.1. These are two appeals arising out of a suit for partition. Second Civil Appeal No. 190 of 1946 is an appeal against the preliminary decree while second civil Appeal No. 403 of 1948 is directed against the final decree. The appeals are filed by the defendants. The appellants, Tulshi and Ram Lal died during the pendency of the appeal (Second civil Appeal No. 190 of 1946) and were substituted by there legal representatives.2. The facts will appear clear from the following short pedigree, which is not disputed. SUDHI ___________________|_____________ | | Ratan Jokhan | | Ram Nath _______________|_____________ | | | | | Buddhu Tahlu Tulshi Ram Lal Udif | (deft.1) (deft.2) |_______ | __________________|______ | | Sri Ram (plff.1) Chhutkau (plff.2)3. The simple case laid in the plaint was that the parties are members of a joint Hindu family governed by the Mitakshara and the property in list A attached to the plaint was the joint family property of the parties and had been ...
Khuda Bux and ors. Vs. State
Court: Allahabad
Decided on: Mar-14-1951
Reported in: AIR1951All637
Desai, J.1. This is an appln, in revn. against the appcts'. convictions Under Sections 332, 147, 379 & 225B, I. P. C, by the Addl. Ses. J. of Bareilly. In all 28 men were convicted by the trial Ct. & the learned Addl. Ses. Judge acquitted 12 & maintained the conviations & sentences of the remaining 16 men, all of whom have filed this appln. Only Amir Bakhsh appct. has been convicted Under section 379, I. P. C. & only Nanhey appct. has been convicted Under section 342, I. P. C.; the other offences have been found proved against all the appcts.2. The facts against the appcts. are as follows: One Midhai is the father of Noor Jahan, married to Bashir appct. in village Harnampur. Dalel appct. is the father of Bashir. Midhai got a warrant issued by the Addl. Dist. Mag. for the arrest of Noor Jahan from the house of Dalel & Bashir where, presumably, she was alleged to have been wrongfully confined by them. A clerk of the Ct was issued Under section 100, Criminal P. C. There is an order of the...
Girraj Kishore Vs. Maslehuddin
Court: Allahabad
Decided on: Mar-13-1951
Reported in: AIR1952All198
Agarwala, J.1. This is an appeal against an order refusing to set aside an ex parte decree.2. The appellant was the defendant in a suit for recovery of money. The 28th April 1949 was fixed for final hearing of the salt. On 26th April 1949, an application was made for fixation of another date. This application was put up on the date already fixed. On the date fixed, that is, on 28th April 1949, the Court rejected the application and proceeded to decide the suit ex parte. The appellant then made an application for setting aside the ex parte decree. In that application he had stated that he had gone to Calcutta on 16th April 1949 and had sent a telegram and a letter from there on 23rd April 1949 for the postponement of the case, that he had to start from Calcutta on an urgent call and started on 24th April 1949, that he got down at Allahabad remaining here for two days, that he reached Aligarh on 27th April 1949 in the evening and that he was too weak and exhausted to approach his lawyer ...
Notified Area Committee Vs. Majid
Court: Allahabad
Decided on: Mar-08-1951
Reported in: AIR1952All594
P.L. Bhargava, J. 1. This is a reference, under Section 438, Criminal P. C., by the learned Ses. J. of Bulandshahr. The facts & circumstances leading to the reference are these: The Notified Area Committee of Anupshahr, in the district of Bulandshahr, through its President, prosecuted one Majid under Section 299, U. P. Municipalities Act, for his failure to pay tahbazari, due under the bye-laws framed by the Committee, in respect of his lorry which had been brought within the limits of the Anupshahr Notified Area. The prosecution was launched, on 11-5-1949, under the authority conferred upon the President of the Committee in a resolution, dated 25-6-1943 passed by the Committee, which had been dissolved in September 1947. The old Committee, which had passed the resolution, consisted of six members, while the new Committee, in whose time the prosecution was launched, consisted of fourteen members.2. The defence set up by Majid inter alia was that the prosecution was illegal, inasmuch as...
Sheo Behari Singh and anr. Vs. Raja Ram
Court: Allahabad
Decided on: Mar-07-1951
Reported in: AIR1952All174
Chandiramani, J.1. This is the plaintiff's second appeal against the appellate decree of Sri Abul Qasim Zaidi, Civil Judge, Sitapur, dated 5-2-1945.2. Plaintiff Hanwant Singh, who died during the pendency of the present appeal and is now represented by his son Sheo Behari Singh and his grandson Maheshwar Bus Singh was a cosharer in patti No. 2 in village Kathwa. In that Patti lies grove plot No. 67. Ram Ghulam, maternal grand-father of Raja Ram respondent, was its grove-holder. According to the plaintiff Ram Ghulam died in 1934 and was succeeded by the defendant respondent, who used to live with him. The plaintiff's case was that in 1937 or so Raja Ram abandoned the grove and went away to live in village Shivpuri, a village not owned by the zamindars of the grove and that according to the village custom the grove thus escheated to the zamindars. The plaintiff claimed in these circumstances to recover possession from Raja Ram, whom he alleged to be a trespasser.2a. The defence was that ...
Chief Inspector of Stamps Vs. Ram Avadh Chowdhury and ors.
Court: Allahabad
Decided on: Mar-07-1951
Reported in: AIR1952All175
ORDERMootham, J. 1. This is an application in revision under Section 6B, Court-fees Act, by the Chief Inspector of Stamps against an order of the learned District Judge of Basti. 2. A wife obtained a decree for maintenance in a suit on which, it is common ground, the court-fee was properly calculated in accordance with the proviso to Section 7(ii)(a), Court-fees Act. Under that Sub-section the court-fee payable is, in a suit for maintenance and annuities or other sums payable periodically, to be computed'according to the value of the subject matter of the suit and such value shall be deemed to be tea times the amount claimed to be payable for one year : Provided that in suits for personal maintenance by females and minors, such value shall be deemed to be the amount claimed to be payable for one year.' 3. The husband appealed against the decree of the trial Court and he contended that the court-fee payable on the memorandum of appeal was also to be computed in the manner laid down in t...
Naubat Singh Vs. Hira and ors.
Court: Allahabad
Decided on: Mar-05-1951
Reported in: AIR1951All654
ORDERBrij Mohan Lall, J.1. This is a revn. by the mtgees. against whom a claim for redemption Under Section 12, U. P. Agriculturists' Relief Act (XXVII [27] of 1934) has been decreed by both the Cts. below.2. It appears that Hira Lal, Naubat Singh & some other persons were co-sharers in a proprietary Khata in village Sikri of Pargana Jalalabad in the district of Meerut. By an arrangement of convenience arrived at between the co-sharers Hira Lal was in exclusive possession of an area of one bigha of joint Khata consisting of plots NOS. 976 (present No. 1035) & 982 (present No. 1036), These two plots measured 15 biswas & 5 biswas respectively.3. On 2-7-20 Hira Lal executed a possessory mtge. of the aforesaid two plots in favour of Naubat Singh & Ranjit & put the mtgees in actual physical possession of the said two plots. In sub-sequent years these plots came to be recorded first as Naubat Singh's Khudkasht & later on as his sir. Sometime afterwards Naubat Singh applied for partition in r...
Ganga Pandey and ors. Vs. Raja Ram Dubey and ors.
Court: Allahabad
Decided on: Mar-05-1951
Reported in: AIR1952All604
1. In these two cases a point of lawarises on which two views are possible. Mortgages were made of occupancy tenancies, & it is now well settled that such mortgages are void. The mortgagors filed suits under Section 33, U.P. Agriculturists' Relief Act, for accounts on the ground that out of the usufruct of the property the whole of the mortgage debt was satisfied. A Full Bench of this Court in Ghassu v. Babu Ram, 1944 A. L. J. 1 had held that though a mortgage of occupancy holdings was void, being contrary to the provisions of the D.P. Tenancy Act, an application for redemption of such a mortgage could be made under Section 12, U. P. Agriculturists' Relief Act. The point was referred to a Bench of five Judges in Mahabal Singh v. Ram Raj, & the decision of the R.B. is reported in 1950 A. L. J. 713. It was held in that case that a usufructuary mortgage of an occupancy holding by a tenant was void but a mortgagor was entitled to bring a suit in a civil Court, for possession of the propert...
Ram Sarup Pathak and ors. Vs. Mahadev Pathak and ors.
Court: Allahabad
Decided on: Mar-02-1951
Reported in: AIR1951All234
Malik, C.J.1. This case came up before a Bench on 22-9-1950, and it was then referred to a larger Bench in view of the fact that a larger number of similar applications were pending in this Court. The Banaras State was merged under the Merger Agreement dated 5-9-1949, with effect from 15-10-1949. The judicial administration was, however, carried on as before under the Banaras State (Administration) Order, 1949, till 30 11-1949, when the P. C. and the Chief Court were abolished with effect from 1-12-1949, under the Banaras State (Abolition of Privy Council and Chief Court) Order, 1949. On 30 11-1949, there were a number of oases pending in the Chief Court and some cases pending before the P. C. of the Banaras State. Some provision had to be made for the same and in the Order. (The Banaras State (Abolition of Privy Council and Chief Court) Order, 1949), Rules 3, 4 & 5 were enacted to provide for such cases. These rules are as follows :'3. Abolition of P. C. and the existing Chief Court a...
Abdul Hai and anr. Vs. Shyam Kishore and ors.
Court: Allahabad
Decided on: Mar-01-1951
Reported in: AIR1952All176
1. This is an appeal against the order of Sri S. Abdul Qasim Zaidi, District Judge, Rae Bareli, dated 19-7-1948, directing the appellant to pay ad valorem court-fee in appeal in a redemption suit. 2. It appears that the appellant filed a suit for redemption of a mortgage, the principal sum secured by which was Rs. 2,000. The mortgage was executed on 22-6-1915. The suit was decreed for redemption on payment of Rs. 57,079-3-0. In appeal court-fee was paid only on Ra. 2000 The respondents drew the attention of the learned District Judge (sic) and contended before him that the court-fee should be paid on the amount by which the decree was challenged. The appellant drew the attention of the Court to the provisions of Section 2(iv) and Section 7(ix), Court-fees Act, and contended that the court-fee payable was only on the amount secured by the mortgage even in the appellate Court. This contention did not find favour, and relying on Sangat Bakhsh Singh v. Rawat Dijdeo 25 Oudh Cas 30 and Ram S...
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