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Allahabad Court December 1969 Judgments

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Dec 31 1969

Queen-empress Vs. Mahabir Tiwari

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1899)ILR21All263

Arthur Strachey, C.J.1. Mr. O'Conor, who holds Mr. Colvin's brief for the appellant, states that he does not propose to press this appeal except upon the question of sentence. The appellant has been convicted of an offence punishable under Section 397 of the Indian Penal Code, and has received the minimum sentence under that section, namely, seven years' rigorous imprisonment. Unless therefore that Section is inapplicable, I have no power to reduce the sentence. Mr. O'Conor has contended that the Section does not apply, because, according to the evidence for the Crown, and in particular that of the complainant Gajraj, the blow which caused grievous hurt by breaking Gajraj's arm, and which was struck during the commission of the dacoity, was struck, not by the appellant, but by another of the dacoits. He supports this argument by reference to the case in the Madras High Court (Weir 99) cited in Mr. Mayne's note to Section 397, and to the use of the expression 'such offender,' which impl...


Dec 31 1969

Kallu Vs. Bijai Ram

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1875)ILR1All592

Turner, J.1. The principle laid down in the Full Bench judgment of the Court I.L.R. 1 All. 311 governs this case. The appellant was not bound to discharge the debts in respect of which the property was attached immediately lie had obtained his decree confirming the sale. He took such possession as he then could obtain. The appellant, having established his title, carried his decree to the revenue office, and got his name entered in substitution for that of the former owner, and having obtained such possession as the nature of the property admitted, he then set himself to discharge the incumbrances for which it was under attachment. Limitation in such a case runs from the date when he obtained possession of the status of the owner sufficient to enable him to procure mutation and to exercise the rights of an owner. The appeal is decreed, the decrees of the Courts below reversed, and the suit dismissed with costs....


Dec 31 1969

Kuarji Dichit Vs. Chedi Lal and ors.

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1895)ILR17All82

Knox and Banerji, JJ.1. The appellants held a decree against one Sheomangal Singh, and in execution of it obtained an order from the Court of the Subordinate Judge of Benares for the attachment of some money which was deposited in the Court of the Subordinate Judge of Mirzapur. The amount so attached was transmitted to the Court of the Subordinate Judge of Benares and was deposited in that Court on the 31st of July 1888.2. The respondent brought a suit in the Court of the Subordinate Judge of Benares against Sheomangal Singh and two other persons, and applied for attachment before judgment of the amount referred to above as the property of his defendants. On the 8th of August 1888, the Court made an order for attachment under the second paragraph of Section 484 of the Code of Civil Procedure. The respondent obtained a decree on the 22nd of August 1888, and applied for payment of the money, for the attachment of which he had obtained an order on the 8th August 1888. His application was ...


Dec 31 1969

Lalji Mal Vs. Param Singh

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1875)ILR1All403

Turner, J.1. The respondent was the owner of a ten biswas share in each of the mauzas Mayola, Dudhrajpur, and on the 24th December 1853 he executed a deed of conditional sale transferring these properties to the appellant for an alleged consideration of Its. 1,000, repayable with interest at twelve per cent, in four years. The deed declared that possession had been given to the conditional vendee. In 1860 the appellant caused a notice of foreclosure to be issued, and on the 28th June 1861, he obtained an ex parte decree for possession.2. On the 18th July 1861, Nathmal Das obtained a decree for money against the respondent, and in execution of that decree he attached the rights and interests of the respondent in the property above mentioned. The appellant interveiud, and on his objection the property was released on the 26th January 1865. Nathmal Das then instituted a suit to contest the order. He alleged that the conditional sale-deed of December 1853 was fraudulent and collusive. The ...


Dec 31 1969

RamadhIn and anr. Vs. Mathura Singh and ors.

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1888)ILR10All407

Edge, C.J. and Tyrrell, J.1. This is an action for possession of a four annas share and for mesne profits.2. The case of the plaintiff is that one Dharm Kuar, the Hindu widow of Lachman Singh, on the 25th March 1879, with the consent of her daughter Peari Kuar, a defendant, made a gift of an eight annas zamindari share to Peari Kuar's son Himmat Singh, and that on the 26th July 1879, Himmat Singh having obtained possession, sold a four annas share of the eight annas to the plaintiff for Rs. 7, 700. Toe plaintiffs applied in 1880 or 1881 for mutation of names. That application was successfully resisted by Himmat Singh's son, Mathura Singh. Mathura Singh was the original defendant in the action. After the commencement of the action, Peari Kuar, Himmat Singh's mother, and Bhawnni Singh, a son of Peari Kuar and brother of Himmat Singh, were made defendants. It is here admitted on the arguments that Peari Kuar did in fact consent to the gift which was made by Dharam Kuar, and not only conse...


Dec 31 1969

King-emperor Vs. Munna

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1902)ILR24All151

Aikman, J.1. In this case one Munna Tewari was called on to furnish security for keeping the peace. It appears that he is a resident of the Gorakhpur district. Proceedings were taken against him by the District Magistrate of Basti under the provisions of Section 107, Sub-section (2) of the Code of Criminal Procedure, he not being then within the local limits of that Magistrate's jurisdiction. After taking proceedings under that section the District Magistrate, professing to act under the provisions of Section 192 of the Code of Criminal Procedure, transferred the case of which he had thus taken cognizance to a Magistrate of the first class subordinate to him, who passed the order for security. In the referring letter of the learned Sessions Judge the question is raised as to whether the District Magistrate, after instituting proceedings under Section 107(2), had any power to transfer the case. This question is not altogether free from difficulty. But after consideration, I am of opinio...


Dec 31 1969

Skinner Vs. Orde and ors.

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1875)ILR1All230

1. The cause of action in this suit accrued to the plaintiff in August 1861, when his father died; and the period during which the suit might legally ho brought is 12 years. If the suit can he held to have been instituted on the 21st February 1873, the date on which the application for permission to sue in forma pauperis was first presented to the Subordinate Judge of Meerut, it is clearly within time; and there can be no doubt that, had the application of the 21st February 1878, been granted, the suit would rightly he deemed to have been instituted on that date. Hut that application never was granted, and was indeed virtually withdrawn on the 27th November 1874, by the plaintiff's offer to pay the amount of the fee chargeable on the plaint under the Court Fees Act before the inquiry into his pauperism bad been concluded, and his application was not numbered and registered and assumed to be the plaint in the suit under the provisions of Section 308, Act VI If of 1809, in consequence of...


Dec 31 1969

Ganga Prasad Vs. Gajadhar Prasad and ors.

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1880)ILR2All651

ORDER1. Appellant appears to have claimed a larger share of profits than he was entitled to, or at least to have asked for the same outturn from each field, which the Judge rightly regards as an unsatisfactory account of the profits. The defendants furnished no accounts. Mesne profits (Explanation, Section 211 of Act X of 1877) mean those profits which the person in wrongful possession of such property actually received, or might with ordinary diligence have received therefrom. Applying this rule to the particular circumstances of the case in which both parties are shareholders in the estate, and defendants themselves occupied and cultivated the lands in suit, the most reasonable and fitting mode of assessing the amount to which the plaintiff is entitled would be to ascertain and determine what would be a fair rent for the land, if it had been let to an ordinary tenant and had not been cultivated by the respondents themselves. The rent recorded in the rent-roll is probably that paid by...


Dec 31 1969

Ram Bakhsh Vs. Durjan and ors.

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1887)ILR9All392

John Edge, Kt., C.J.Tyrrell, J.2. Concurred....


Dec 31 1969

Queen-empress Vs. Dalip and ors.

Court: Allahabad

Decided on: Dec-31-1969

Reported in: (1896)ILR18All246

John Edge, Kt., C.J. and Burkitt, J.1. This is an appeal by the Government from an acquittal on appeal of certain accused persons who had been convicted by a Magistrate of the offences punishable under Sections 147, 332 and 225B of the Indian Penal Code. A Magistrate had issued his warrant under Section 114 of the Code of Criminal Procedure for the arrest of one Dalip in respect of the matters specified in the first paragraph of Section 110 of the Code of Criminal Procedure. That warrant had been addressed to and sent to the officer who was in charge of a particular thana for execution. The warrant was copied at the thana. The original warrant was handed to a particular constable to be executed. After the constable who had the warrant in his possession had left the thana to execute it, it was ascertained that Dalip was in a different village. Thereupon the officer who was temporarily in charge of the thana wrote on the back of a copy of the warrant the names of Nazir Husain and some ot...


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