Court : Allahabad
Decided on : Feb-09-1933
Reported in : AIR1933All241; 145Ind.Cas.367
King, J.1. This reference arises out of an application for leave to appeal to His Majesty in Council. The applicant B is an advocate practising at Benares. On 26th May 1932 a Bench of this Court passed an order suspending the applicant from practice for a term of three months. The applicant applied for leave to appeal to His Majesty in Council and on 10th June 1932 a certificate was granted that the case was a fit one for appeal to His Majesty in Council Under Order 45, Rule 7 the applicant was bound to furnish security, and to deposit the amount required for translation and printing, within six weeks from the date of the grant of the certificate or within 90 days from the date of the order complained of or within such further period not exceeding 60 days as the Court might upon cause shown allow. The term of six weeks from the grant of the certificate expired on 22nd July 1932 and no application was made for any extension of that term. By an order dated 27th July 1932, a Bench of this...
Tag this Judgment!Court : Allahabad
Decided on : Feb-11-1933
Reported in : AIR1933All440
Bennet, J.1. This is is appeal by Government against the acquittal of three Doms, Faujdar, Sita and Balli,. of the offence of dacoity, and also-the appeal of four persons who have been convicted of the offence of dacoity Ishri Kurmi, Shiva Gobind Ahir, Damri Gond and Dudnath Dusadh. These four persons have been sentenced to six: years' rigorous imprisonment by the Sessions Judge of Ghazipur. A first report was made at 5 a. m. on 15th June 1931, at the police station, Ubhaon, in Ballia district, which stated that a road dacoity had taken place three miles away at 11 p. m. on the night of 14th or 15th June 1931. The report was made by Ramkishore Lal, the complainant, and he stated that he was going in a bullock cart along with women folk and his wife's brother Adya Prasad and three coolies from his house towards Azamgarh, and as he was passing along he met four men on the road with lathis and he spoke to then about a fire and they went on; but shortly afterwards when the cart was four fu...
Tag this Judgment!Court : Allahabad
Decided on : Apr-10-1933
Reported in : AIR1933All597
Niamatullah, J.1. This is a reference by the learned Judge of the Small Cause Court, Jhansi, under Order 46, Rule 1, Civil P.C. The learned Judge has not formulated the question on which the opinion of this Court is desired. Order 46, Rule 1, requires the Court making the reference to:draw up a statement of the facts of the case and the point on which doubt is entertained.2. We gather from the order of reference that one Hussain Bux obtained on 9th June 1932, a decree for Rs. 33-8-0 against Mr. Briggen Shaw No. 14, A.T. Cavalry, C.P. Mule, Quetta, Baluchistan. The decree-holder applied on 24th June 1932, for execution of his decree by attachment of the judgment-debtor's salary which was mentioned to be Rs. 300 a month approximately. The learned Judge of the Small Cause Court at Jhansi, who had passed the decree and to whom the application for execution was made, issued a notice to the judgment-debtor to: show cause on or before the 5th August 1932 why the amount of Rs,. 39-1-0 (which i...
Tag this Judgment!Court : Allahabad
Decided on : May-02-1933
Reported in : AIR1933All642; 147Ind.Cas.529
Rachhpal Singh, J.1. This is a plaintiff's appeal arising out of a suit for rendition of accounts. The defendants, second party, a firm styled Mithu Lal Gopal Dass purchased 1153 bags of wheat, 9 bags of arher and 4 bags of gram on different dates between 14th June and 9th July 1924 through the agency of the defendants, first party, a firm styled Gobind Ram Brij Lal, and carrying on business as commission agents. These goods were sold by the firm of Mithu Lal. The trial Court has found that in respect of this transaction, a sum of Rs. 1,771-13-6 remained due to the firm of Mithu Lal Gopal Dass from the firm Gobind Ram Brij Lal. This finding of the learned Subordinate Judge has been accepted by both the parties in this Court. Between the 5th of July and 15th of September 1924, the firm of Mithu Lal purchased 887 bags of wheat on the various dates through the agency of the firm of Gobind Ram Brij Lal. The dispute between the parties is mainly confined to this second transaction. Mithu La...
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 : 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-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...
Tag this Judgment!Court : Allahabad
Decided on : Aug-17-1933
Reported in : AIR1933All846
Sulaiman, C.J.1. This is a defendants' appeal arising out of a suit for specific performance of a written contract. Originally seven defendants filed this appeal jointly. With the exception of Bansidhar all the others applied to withdraw the appeal. So far as the adult appellants were concerned, their appeal has been withdrawn and they have submitted to the decree of the Court below. An application was made on behalf of the minor appellant, Har Mohan, by his guardian and also by his mother to withdraw the appeal, but no order was passed, inasmuch as it was not clear whether there had been any compromise with the minor's guardian and whether such a compromise was for the benefit of the minor.2. The parties belong to the same family with distinct branches. It appears that at one time all the members had a common fund, though the family was not joint in status. The leading members proposed to purchase three villages in Benares from Raja Madho Lal for a sum of Rs. 90,200. The plaintiff Ata...
Tag this Judgment!Court : Allahabad
Decided on : Sep-29-1933
Reported in : 147Ind.Cas.820
1. This -is an application under Section 491 of the Code of Criminal Procedure. The applicant, Musammat Haidari Begum, prays that, on the grounds stated in her affidavit, this Court may be pleased to pass an order directing the opposite party (namely S. Jawad Ali Shah, the applicant's husband) to produce before the court the minor, Section Mazhar Ali Shah, at an early date and that thereupon the child may be delivered to the applicant. For the purpose of disposing of this application we need only state the salient facts very briefly. Syed Jawad Ali Shah was married in 1928 to the applicant. They had a son, Section Mazhar Ali Shah, whose age is now about 4f years. In July, 1933, the applicant was living with her husband and the child at Gorakhpur. On July 30, she left Gorakhpur for Lucknow in order to attend a ceremony at her parents' house. She left Gorakhpur by the night train. On her husband's advice she left the child with her husband, to avoid the risks of a night journey on the un...
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