Allahabad Court December 1969 Judgments
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Mul Chand Vs. Shib Charan Lal and ors.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1880)ILR2All676
Robert Stuart, C.J.1. This is a reference to the Full Bench of the Court by Straight, J., and my self respecting a deficiency of court fees reported to us by the Office. The question was raised in a first appeal (No. 15 of 1879), which came before us as a Division Bench, and the report of the Office stated that the plaintiff claimed to recover possession of certain immoveable properties valued at Rs. 1,666-1-101/2, and also to recover certain documents and other moveable properties valued at Rs. 1,032-9-11, the total claim being laid at Rs. 2,698-11-94. The report suggested that there were here two distinct subjects embraced in the suit, and that the court fees in the appeal should be Rs. 190, i.e., Rs. 110 for the claim relating to immoveable property, and Rs. 80 for the claim relating to documents and other moveables. But the plaintiff-appellant had only paid Rs. 160 in the lower Court and this Court, the deficiency being Rs. 30 in each or Rs. 60 in both Courts.2. The question thus r...
Hanuman Tiwari Vs. Chirai and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1880)ILR2All171
Robert Stuart, C.J.1. I remain of the opinion which I formed at the hearing that the answer to this reference must be that the adoption of an only son is not altogether void, but that, having once been made, the adoption is valid. Such is my conclusion on the authorities, which are, however, very conflicting, but the weight of them is clearly in favour of the validity of the adoption in question. In a Calcutta case Upendra Lal Roy v. Srimati Rani Prasannamayi 1 B.L.R. A.C. 221 that was cited to us, the Judges being L.S. Jackson and Dwarka Nath Mitter, JJ., it was laid down (Mitter, J., being the Judge who delivered the judgment in his own name and that of his colleague), on the authority of certain passages from Dattaka Chandrika, that the adoption of an only son is forbidden by Hindu Law. The judgment then proceeds: 'It has been said that the prohibition contained in these passages amounts to nothing more than a mere religious injunction, and that the violation of such an injunction c...
Empress of India Vs. Sri Lal and ors.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1880)ILR2All694
Robert Stuart, C.J.1. On the facts as stated to us in this reference and as explained at the hearing, it is quite clear that the convictions under Sections 372 and 373 cannot stand. The offence apparently committed by the accused was cheating. There can be no doubt of the immorality of the purpose and motive on the part of the accused, but I hesitate to say that their conduct was unlawful in any absolute sense. On discovery the girls, who by fraud had succeeded in becoming wives, and who had in the meantime communicated loathsome disease to the unfortunate men who had married them, were turned out of their so-called husbands' houses, and it would appear from what was stated at the hearing that their course of life thereafter was that of prostitution, so that what began in fraud to the husbands has ended in the permanent degradation of the wives themselves. Again, the girls appear to have been parties to the fraud committed on their husbands, having been duly instructed beforehand by th...
Shib Lal Vs. Azmat-ullah and ors.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1896)ILR18All265
John Edge, Kt., C.J.1. The suit in which this reference to the Full Bench has arisen was one for sale under Section 88 of the Transfer of Property Act. The plaintiff in the suit was the assignee of an alleged simple mortgage bond upon which the suit was brought. The execution of the bond was denied. The first Court found that the bond had not been made by the alleged mortgagor and dismissed the suit. On appeal to this Court the suit was decreed in the absence of the defendant-respondent; but, on its being proved that it was through misadventure that the defendant was not represented at the hearing in this Court, the ex parte decree of this Court was set aside and the appeal reinstated on the list for hearing. When the appeal came on to be heard the vakil for the respondent claimed that his client was entitled to take advantage of Section 135 of the Transfer of Property Act. Two questions were referred for decision to the Full Bench. The first question was: 'Is the assignment for value ...
Queen-empress Vs. Nannhu
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1895)ILR17All241
John Edge, Kt., C.J., Banerji and Aikman, JJ.1. This is an application to this Court to exercise its functions in criminal revision. The applicant was convicted of the offence punishable under Section 411 of the Indian Penal Code. The evidence appears to have been conclusive that he was guilty of the offence of which he stood charged. He appealed against the conviction to the Sessions-Judge; and the Sessions Judge rejected the appeal, this being the order-made: 'Rejected summarily under Section 421, C.P.C.' By Section 421, C.P.C. the. Sessions Judge meant Section 421 of the Code of Criminal Procedure, 1882.2. There is absolutely no doubt that the appeal could not have succeeded. The man was properly convicted and sentenced.3. The only question is one which is raised in the Court now and then, viz., whether an order such as that made by the Sessions Judge is sufficient. It is quite plain from the last paragraph of Section 421 of the Code of Criminal Procedure, 1882, that the Appellate C...
Ganga NaraIn Vs. the Municipal Board of Cawnpore
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1897)ILR19All313
John Edge, Kt., C.J. and Blair, J.1. In this case the plaintiff sought an injunction restraining the Municipal Board of Cawnpore from interfering with the exercise of his right to hold and maintain a market for the sale of vegetables, fruit and other articles within the grounds of a temple of which he was manager. The defence to the suit was that according to certain rules of the Municipal Board the plaintiff had no right to establish or continue a market without the permission of the Municipal Board. It is necessary to see how this suit arose.2. The Municipal Board of Cawnpore had established within the Municipality a market for the sale by wholesale of vegetables, fruit and such like things. They had let that market to a contractor. The contractor had by his conduct so disgusted the people who had used the market that they had refused any longer to come to that market; and they had betaken themselves to a market in the cantonments of Cawnpore. One can easily understand that it was no...
Abasi Vs. Dunne
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1875)ILR1All598
Pearson, J.1. The claim in this suit was simply for the recovery of the minor, Chittan, from the custody of the Government; and the fact that the plaintiff is a prostitute, and therefore an unfit person to have the charge of the girl, seems to be a sufficient reason for dismissing the claim in the interest of the minor. It may be admitted that the plaintiff would, under the Muhammadan law, be prima facie entitled to the guardianship of her younger sister, were her fitness for the charge established; but her own bad character and manner of life must be hold to disqualify her; and we must affirm the decree of the lower Courts dismissing her suit. It is stated in the plaint that the tenets of Christianity are being imparted to the minor at the Orphanage at which she has been placed by the Magistrate, and that 'in bringing her claim, the plaintiff prays that the Court, after satisfying itself that the plaintiff would not bring up the minor in her own trade of prostitution, and that she wou...
Ganga Prasad Vs. Lal Bahadur Singh and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1895)ILR17All117
Konx and Aikman, JJ.1. The appellant in this second appeal, was plaintiff in the Court of First Instance. He brought a suit based upon a bond alleged to have been executed by the respondents in his favor. The respondents denied execution. An issue was framed as to whether the bond was or was not executed in favor of the plaintiff by the defendants. Upon the day appointed for hearing the case, the plaintiff tendered three witnesses in support of his allegation that the bond had been so executed. The Court examined only one of the three, was satisfied upon the evidence of that witness that the bond had been duly executed, and decreed the plaintiff's claim. The evidence of the remaining witnesses tendered by the plaintiff was not taken, because the Court, so far as we can judge from an order endorsed upon the written paper under which plaintiff tendered his witnesses for examination, considered that the evidence of the one witness examined by the Court was sufficient to prove the issue. W...
Nikka Mal and ors. Vs. Sulaiman Sheikh Gardner
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1880)ILR2All196
Pearson, J.1. By the terms of the deed of mortgage, dated 28th May 1869, the mortgagor accepted the liability on account of any addition that might be made to the demand of the Government at the time of settlement. The mortgagees, averring that they have had to pay Rs. 1,907-13-3 in excess of the amount of the Government demand entered in the mortgage-deed from 1279 to 1281 Fasli, sue to recover that amount with interest. The lower Courts have disallowed the suit on the ground that the mortgagees are not competent to prefer a claim of this sort in a suit during the currency of the mortgage-tenure. Such a claim, in the opinion of the lower Courts, can only be properly advanced and adjusted when a settlement of accounts between the parties takes place at the termination of the mortgage-tenure. One obvious objection to the opinion of the lower Courts on this subject is that no settlement of accounts is contemplated by or is necessary under the provisions of the deed of mortgage, which all...
Ram Udit Pande and anr. Vs. Ambika Dat
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1895)ILR17All274
Knox, J.1. This is an appeal from an order whereby the Subordinate Judge of Jaunpur remanded to the Court of First Instance under the provisions of Section 562 of the Code of Civil Procedure for trial on the merits a suit in which the Munsif of Jaunpur dismissed the claim of the plaintiffs before him, respondents before us, on the ground that the claim as brought, without any leave of the Court obtained under Section 44, was bad for misjoinder of causes of action. The suit was a suit for the recovery of immoveable property, the plaintiffs claiming to have a right of pre-emption over that property. It is true that the property claimed had formed the subject-matter of two distinct deeds of sale to one and the same vendee. Under one deed of sale the zamindari share was sold, and under the second deed of sale the sir-lands comprised in the zamindari were sold to the same vendee. The respondents entered in their plaint that their cause of action quoad the whole property claimed accrued on t...
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