Allahabad Court December 1969 Judgments
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Manmothonath Bose Mullick Vs. Basanto Kumar Bose Mullick
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1900)ILR22All332
Knox, Actg. C.J. and Blair, J.1. The plaintiff, who is the appellant before us, filed a suit in the Court of the Munsif of Allahabad, alleging that one Babu Tara Kinker Bose Mullick, who had been appointed his guardian, had not rendered accounts beyond the first year of such guardianship, that the said guardian died during plaintiff's minority, and that 'the plaintiff has every reason to believe that out of the said assets the said Babu Tara Kinker Bose Mullick misappropriated a large sum of money to his own use.' Nothing further was alleged either as to the nature, quantity, kind or manner of the misappropriation which the plaintiff believed had been made. But the plaintiff called upon the defendant, who is the son of the said guardian, to settle the accounts of the estate, to pay out of the estate any sum or sums found due upon such settlement of accounts, or if the accounts could not be settled, to pay such sum or sums as the plaintiff might succeed in proving to be due. The Court o...
Durga Prasad and anr. Vs. Nawazish Ali and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1875)ILR1All591
Turner, J.1. We cannot hold as it matter of law that the Court of First Instance was bound to allow the plaintiff to amend his plaint, and to bring in the very much larger sum which he should have offered to pay when he brought his suit. The appeal fails and is dismissed with costs....
Karim Baksh and anr. Vs. Budha
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1875)ILR1All249
1. If the road is a public thoroughfare, then, inasmuch as the plaintiffs alleged no special injury, the suit for the removal of the encroachment cannot be maintained--Baroda Prasad Mostafi v. Gora Chand Mostafi+ Pyari Lal v. Rooke 3 B.L.R. A.C. 30 : 3 B.L.R. App. 543 : S.C. 11 W.R. 434; Hira Chand Banerjee v. Shama Charan Chatterjee 3 B.L.R. A.C. 351. There is, it is true, a decision to the contrary--Jina Ranchod v. Jodha Ghella 1 Bom. H.C. 11. 1, but the weight of authority supports the view taken by the Judge, which accords with the English law on the subject and is based on principles well understood. But it must be determined whether the road in suit is a public thoroughfare.------------------------------------Foot Note--------------------------------+ 3 B.L.R. A.C. 295 : S.C. 12 W.R. 160, followed in Raj Lukhee Debia v. Chunder Kant Chowdry 14 W.R. 173; Bhageeruth Rishee v. Gokool Chunder Mandal 18 W.R. 58; Bhageeruth Doss v. Chundee Churn 22 W.R. 462; Ramtarak Karati v. Dinanath...
Ruka Bai Vs. Ganda Bai
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1875)ILR1All594
Pearson, J.1. The appeal must prevail. The diminution of the income of the estate on which the defendant's income is chargeable, since her allowance was fixed, is obviously a sufficient cause for the present action of which the object is the reduction of the allowance formerly fixed. It would be unreasonable to hold that, even if the income of the estate should come to an end altogether, that allowance should still continue; and therefore it must be liable to be reduced in proportion to the existing income. We set aside the lower Appellate Court's decree and remand the case to it for fresh disposal on the merits, with a direction that the costs of this appeal shall follow the result....
Amanat-un-nissa and anr. Vs. Bashir-un-nissa and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1895)ILR17All77
John Edge, Kt., C.J. and Banerji, J.1. This appeal has arisen in a suit brought by two of the heirs of a deceased Muhammadan of the Sunni sect against two of the widows of the deceased to obtain possession of their share of the inheritance 'which came to them on the death of the deceased Muhammadan. In their plaint the plaintiffs expressed their willingness to pay a proportionate part of any dower-debt which might be found to exist in favor of the defendants. One of the defendants confessed judgment. The parties to the suit admitted that the dower-debt amounted to Rs. 1,000, in favor of Musammat Khudayat-un-nissa, but the Subordinate Judge dismissed the suit on the ground that ' as the defendant (Musammat Khudayat-un-nissa) says that her possession is in lieu of her dower-debt, which is still due by the deceased, it must be admitted that she is in possession of the property in lieu of her dower-debt. In such case it must be admitted that so long as her dower-debt is not paid inheritanc...
Queen-empress Vs. Mccarthy
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1887)ILR9All420
Straight, J.1. This is a reference made by the Magistrate of Mussoorie, under Section 8 of Act III of 1884, read in conjunction with Section 307 of the Criminal Procedure Code. The respondent, Mrs. McCarthy, was charged before him with defamation in respect of a person of the name of H. G. Scott, and she claimed the privilege accorded to European British subjects by Act III of 1884, to have the charge against her tried by the Magistrate with the assistance of a jury. The case was heard and tried in the manner provided in Section 8 of Act III of 1884, and the result was that four out of seven jurors were of opinion that Mrs. McCarthy did not defame Mr. Scott, and the charge was not sustained, the other three holding that the charge was proved. The Magistrate, considering that the case had not been brought within any of the Exceptions to Section 499 of the Indian Penal Code, and being of opinion that the defendant ought to have been convicted, has suspended judgment, and reported the cas...
Rattanji Vs. Hari Har Dat Dube
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1895)ILR17All243
Blair and Burkitt, JJ.1. In our opinion this appeal is quite unnecessary. On the statement of facts it appears that the predecessor in title of the appellant obtained in May 1890, a money decree against the late Rajah Hari Har Dat Dube. It further appears that under the provisions of Section 433 of the Code of Civil Procedure two houses, the property of the Rajah, were attached before judgment. Afterwards, in execution of the decree, an application was made to the Subordinate Judge in July 1890 asking him to direct the sale of the attached houses. The usual sale notifications were issued, and in September 1890, the wife of the judgment-debtor raised objection to the sale, claiming the houses as her own property. The sale was postponed pending the decision of her objections, and also was stayed by order of the District Judge. Eventually, on June the 3rd, 1891, the Subordinate Judge, called on the decree-holder to take some other step in the matter of the execution, and on June the 13th,...
Bansidhar and ors. Vs. Ganeshi and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1900)ILR22All338
Henderson and Burkitt, JJ.1. In this case it appears that on the 21st July 1842, one Rai Singh sold certain land for Rs. 351. The sale-deed, after reciting that the price had been paid and possession given to the vendee, contained the following provision: 'If the said vendee should on another occasion sell the said property, then for the same price he shall sell to me the vendor, and in case of my refusal he shall sell to any other person.'2. On the 15th December 1892, the representatives of the vendee, who had in the meantime died, sold a one-sixth share of the land to the defendants for Rs. 1,000 without giving the persons claiming to be the representatives of the vendor, who had also died, the option of purchasing the share.3. In 1893 the plaintiffs, who are the daughter's daughter of the vendor and her son, claiming to be the heirs of the original vendor, sued the defendants, the purchasers of the 1/6th share, to recover that share on payment of Rs. 58-8-0, that sum being a one-six...
Azmat Ali Khan Vs. Nihal Chand
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1885)ILR7All362
Oldfield, J.1. The plaintiffs are zamindars of 'Qasbah' Muzaffarnagar and sue the defendant, who is also a zamindar, on the allegation that a plot of land, comprising 175 square yards, formed a portion of a highway connecting Sulabtanganj with the Shamli road and waste land adjoining it, entered as No. 2566 in the 'abadi khasra,' was owned by the plaintiffs and other co-sharers, and defendant has wrongfully enclosed it; also that another piece of land, comprising 28 square yards, No, 1300, is land adjoining the Shamli road, on which the defendant has built a chabutra. Plaintiffs seek to have the erections made by defendant demolished and the land restored to its original state. The defendant admits that the 175 square yards in No. 2566 was once part of a road, but alleges that the Municipality, in straightening the road, diverted it from this portion, and took the road through a portion of a house belonging to defendant, and gave the above land to him in exchange for the land taken; an...
Queen-empress Vs. Muhammad Shah Khan and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1898)ILR20All307
John Edge, C.J. and Burkitt, J.1. Muhammad Shah Khan, who was a clerk or muharrir at the thana of Didauli, and Kutb-ud-din, who was the thanadar, were tried for the effences punishable under Sections 204 and 218 of the Indian Penal Code. Kutb-ud-din was acquitted; the Government has appealed against that acquittal, and that appeal is before us. Muhammad Shah Khan was convicted of the offence punishable under Section 204 of the Indian Penal Code and was sentenced therefor to two years' rigorous imprisonment. He has appealed, and his appeal is now before us.2. The facts of this case, although the evidence was taken at considerable length, are very simple. A dacoity had been committed on the night of the 24th-25th of May, and in that dacoity one Abdul Wahid, who was the zamindar's karinda, was injured rather severely. He first went to make his report to the thana at Amroha, apparently because he had been told that a difficulty had arisen about one Roshan belonging to the village getting a...
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