Court : Chennai
Decided on : Oct-06-1933
Reported in : (1934)66MLJ193
1. Of this batch of appeals, the first four have been preferred by A-1, A-8, A-2 and A-3 respectively and the last one by A-5 to A-7. The persons charged and tried in the Lower Court were eight, of whom the 4th accused was acquitted. The rest are the appellants before us. All these appellants were jointly charged for criminal conspiracy under Section 120-B, Indian Penal Code (charge No. I). The 1st accused was further charged under Section 409, Indian Penal Code, for criminal breach of trust in respect of moneys belonging to the Guntur Cooperative Urban Bank and held by him in trust for the said Bank, aggregating to Rs. 25,340 between 15th February, 1929 and 14th February, 1930. He was charged for a similar offence to the extent of Rs. 24,607-4-9 between 15th February, 1930 and 14th February, 1931 (charges Nos. II-A and II-B). The rest of the appellants were charged individually for abetment of criminal breach of trust committed by the 1st accused in respect of various sums under Secti...
Tag this Judgment!Court : Allahabad
Decided on : Oct-30-1933
Reported in : AIR1934All273; 153Ind.Cas.733
Mukerji, J.1. This Letters Patent appeal arises out of a matrimonial suit. The suit as it originally instituted was based on the following allegations:The petitioner is a European domicile in India and since his very childhood has been deficient in mentality. He had to be looked after by bis relations throuf'hout his life. The respondent is a woman of loose character and has been so from her girlhood. Her brothers and brother's son, in October 1930, land on other occasions, several times threatened the petitioner that unless he married the respondent, he would be visited with 'dire consequences,' that the ground on which those threats were held out was a false one, being to the effect that the petitioner had 'deprived the respondent of her caste.' The respondent was already married and her husband, Mohammad Ali, was still alive. But in spite of this fact the petitioner, on account of the threats and being an 'idiot,' went through a form of marriage with the respondent, on lOfch Novembe...
Tag this Judgment!Court : Chennai
Decided on : May-11-1933
Reported in : AIR1934Mad115
Ramesam, J.1. This is an appeal against the decree of the District Judge of South Malabar in O.S. No. 3 of 1929. The suit was filed under Section 73, Madras Hindu Religious Endowments Act 2 of 1927, In the plaint the following reliefs were prayed for: (a) removing such of the defendants from their places as trustees of Tirumullapalli temple as the1 Court finds to be guilty of fraud or gross mismanagement ; (b) framing a scheme of management for the Tirumulapalli temple in Karalamanna Amsam, Wallu-vanad taluk, in consultation with the Board of Religious Endowments; (c) directing defendants 1 to 5 and 11 and 12 to render an account of their management after producing all account books and documents and other temple property in their possession or power and pay such sums as are found due; (d) directing defendants 1 to 5 and 11 and 12 to surrender all temple articles, jewels, documents, keys, etc., in their possession or power; (e) directing defendants 1 to 5 and 11 and 12 to pay damages f...
Tag this Judgment!Court : Allahabad
Decided on : Dec-22-1933
Reported in : AIR1934All740; 153Ind.Cas.824
Niamatullah, J.1. I agree with the conclusions arrived at by any learned brother and desire to make a few observations on some of the questions of law which ha has so elaborately discussed in his judgment. It is contended on behalf of the defendant-appellant that the Court of the Subordinate Judge at Agra had no jurisdiction to try the suit. It is pointed out that the contract between the parties was entered into at Baroda, where payment was to be made, and that the defendant's place of business is also at Baroda. The plaintiff's reply to this objection is that the cause of action for the suit arose partly, at any rate, at every one of the places where, according to the terms of the contract between the parties, sleepers could be delivered and that Agra was one of the places where the contract made it permissible for the plaintiff to make delivery. The agreement does not mention in clear terms that the plaintiff could deliver at Agra; but the language employed in the various orders can...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-1933
Reported in : 147Ind.Cas.148
Mukerji, J.1. This is a revision purporting to have been filed under Section 115 of the Civil Procedure Code and Section 107 of the Government of India Act. It arises out of an election petition filed by the applicant, Mr. Ghulam Nizam Uddin, against the opposite party, Mr. Akhtar Husain Khan. The respondent was elected a member of the District Board of Agra and his election was challenged by the applicant. The Respondent produced before the District Judge, who heard the election petition, a document, said to have been signed by the applicant, by which it was alleged, he said that he had agreed for a consideration of Rs. 50 which he had already received, to withdraw the case, as he, the applicant was aware of the weakness of his case. The District Judge inquired into the allegation of this adjustment of the election petition before him, and having come to the conclusion that the matter in dispute had been adjusted as alleged, he dismissed the petition.2. In this Court the applicant has...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-1933
Reported in : AIR1933All690; 145Ind.Cas.481
Sulaiman, C.J.1. This is an appeal by 27 accused persons in what is known as the Meerut Conspiracy case. The trial has become somewhat notorious on account of its unprecedented duration. All the accused persons, except Hutchinson, were arrested in March 1929, (Hutchinson was arrested in June of the same year) and have all this time, except for the period during which some of them were released on bail, been detained in jail. The trial commenced in the Court of the Committing Magistrate on a complaint filed on 15th March 1929, and on a supplementary complaint against Hutchinson on 11th June 1929.2. The entire proceedings have now lasted for nearly four years and a half. This is accounted for as follows: (1) The preliminary proceedings before the Magistrate took over seven months, resulting in the commitment of the accused to the Court of Session on 14th January 1930; (2) in the Sessions Court the prosecution evidence took over 13 months; (3) the recording of the statements of the accuse...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-1933
Reported in : AIR1933All764
Mukherji, J.1. This is a revision purporting to have been filed under Section 115, Civil P.C., and Section 107, Government of India Act. It arises out of an election petition filed by the applicant, Mr. Ghulam Nizam Uddin, against the opposite party, Mr. Akhtar Husain Khan. The respondent was elected a member of the District Board of Agra and his election was challenged by the applicant. The respondent produced before the District Judge, who heard the election petition, a document, said to have been signed by the applicant, by which it was alleged, he said that he had agreed for a consideration of Rs. 50, which he had already received, to withdraw the case, as he, the applicant, was aware of the weakness of his case. The District Judge inquired into the allegation of this adjustment of the election petition before him, and having come to the conclusion that the matter in dispute had been adjusted as alleged, he dismissed the petition.2. In this Court the applicant has challenged the va...
Tag this Judgment!Court : Chennai
Decided on : May-08-1933
Reported in : AIR1934Mad294; 150Ind.Cas.339
Pandalai, J.1. This appeal arises from one out of five petitions filed by the respondent, the Official Receiver of South Malabar, in the Insolvency of a firm of timber merchants to set aside under Sections 4, 53 and 54, Provincial Insolvency Act, five mortgages executed by the insolvents to various creditors before the Insolvency. Two of these petitions were settled in the first Court. Of the alienees in the other three petitions only two appealed to the District Judge who dismissed the appeals. Of these the present appeal concerns only the appellant's mortgage for Rs. 31,000 dated 13th March 1924, the subject matter of O.P. No. 16 of 1925. Prom Section 54 being one of those quoted in the petition and from the grounds stated and the principal prayer therein it would appear that the case against the appellant in both the lower Courts was that his mortgage is invalid as a fraudulent preference.2. The first Court accepted this. But the learned District Judge held that the appellant's mort...
Tag this Judgment!Court : Mumbai
Decided on : Jan-13-1933
Reported in : AIR1933Bom381; (1933)35BOMLR722; 145Ind.Cas.557
Wadia, J.1. Plaintiff has filed this suit to recover from the defendant a sum of Rs. 5,269-12-0 or such other sum as may be fixed by the Court by way of damages for breach of an alleged agreement to take a lease of the premises in suit for a period of five years at the rate of Rs. 325 per month commencing from March 1, 1924. Plaintiff and his father carried on business in Bombay in partnership in the name of Haji Ahmed Umar and Son up to June 1924, when the plaintiff's father died, leaving the plaintiff who was his only child as his sole heir and legal representative. During his lifetime plaintiff's father had purchased a property at Warden Road, Bombay, known as Ahmed Mansion, the conveyance of which was taken in the name of the plaintiff and his father as joint tenants. After his father's death the plaintiff became and still is the sole owner of the said property. On February 4 or 5, 1924, plaintiff says that he had a conversation on the premises with the defendant about letting to t...
Tag this Judgment!Court : Allahabad
Decided on : Aug-14-1933
Reported in : AIR1933All861
Niamatullah, J.1. This is a plaintiffs' appeal and arises in the following circumstances:2. The property in dispute in the case belonged to one Ahmad Husain, who died on 10th December 1925, leaving two daughters, Mt. Akbari Begam and Mt. Soghra Begam, the two plaintiffs, and three sons, Rahmat Husain, Shafqat Husain and Azmat Husain, the three defendants. The plaintiffs instituted the suit, which has given rise to this appeal, on 10th December 1928 claiming their legal share in the immovable property entered in list A and in the moveables detailed in list B annexed to the plaint. Subsequently the plaint was amended and several deeds of gifts, which the defendants had relied on in the written statement filed in the meantime, were impugned on the ground that the same had been obtained by the exercise of undue influence. Similarly certain other gifts relied on by the defendants were impeached on the ground that the same, if made at all, were vitiated by marzul maut from which Ahmad Husain...
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