Court : Supreme Court of India
Reported in : AIR1953SC415; [1950]1SCR821
Fazl Ali, J.1. This is an appeal by special leave from the judgment of the High Court of Punjab upholding the conviction of the appellant. Mohinder Singh, under section 302 and 307 read with section 34 of the Indian Penal Code, and confirming the sentence of death passed against him by the Sessions Judge of Ferozepore. 2. The case for the prosecution which has been substantially accepted by the trial Judge and the High Court is briefly as follows. Sometime in January, 1949, one Bachittar Singh, brother of Dalip Singh who is said to have been murdered, lodged a complaint before the Naib Tehsildar at Zira to the effect that a tree belonging to him had been out by 7 persons including Mohinder Singh, the appellant. On the 28th February, 1949, which was the date fixed for the hearing of the case before the Naib Tehsildar, Jita Singh and Dalip Singh, the two brothers of Bachittar Singh, were attacked by the appellant and one Gurnam Singh, a lad of 17, near a Gurdwara at about mid-day, when t...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]1SCR806
Fazl Ali, J.1. These appeals arise out of an execution proceeding, and the main point to be decided in them is what is the effect of certain provisions of the Madras Agriculturists' Relief Act (Madras Act IV of 1938, which will hereinafter be referred to as 'the Madras Act'), on the rights of the parties. How this point arises will be clear from a brief statement of the facts of the case. 2. It appears that in 1908, one Veeresalingam, the husband of the first respondent, borrowed a sum of Rs. 9,000 from one Sitharamayya, and executed a mortgage bond in his favour. Subsequently a suit was instituted by the mortgagee to enforce the mortgage and a final decree in that suit was passed on the 19th August, 1926. Thereafter, on the 28th October, 1931, the decree-holder applied for the execution of the decree by the sale of the mortgaged property. In 1933, the decree-holder transferred the decree to one Sobhanadri, after whose death his son, the appellant before us, was brought on the record a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC419; [1950]1SCR754
Naik, J.1. The suit out of which these appeals arise was one for possession of two-thirds of the land covered by survey No. 214 and for mesne profits. The plaintiffs claim possession on the ground that survey No. 214 was an inam land and according to the family custom belonged to them exclusively as members of the senior line as against the defendants who were of the junior lines. There are two sets of defendants : Nos. 1 to 4 belong to one branch of the family and Nos. 5 to 8 to another. Each set claim that they are in possession of one-third of the land and maintain that they are entitled to it as their share of the family property. They deny the custom of exclusive possession by the senior branch, alleged by the plaintiffs. The trial court decreed the suit. From this decree, two separate appeals were taken by the two sets of the defendants to the Sadar Adalat, Gulbarga, each claiming one-third portion of the land and each paid the court fee to the extent of their share. The first ap...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC413; [1950]1SCR747
Khaliluzzaman, J.1. This appeal arises out of execution proceedings. The appellant, Kapurchand, had a money decree, amongst others; against one Mir Hamid Ali Khan, husband of the respondent Mst. Kaderunnisa. In execution of the decree the house in dispute belonging to the deceased judgment-debtor was attached. To the attachment the widow of the deceased raised an objection on the ground that she was in possession of it in lieu of her outstanding dower and could not be dispossessed till her claim was satisfied. The objection was allowed by the executing court and it was ordered that the house be sold subject to the respondent's claim, the decree-holder being entitled to the surplus, if any, out of the sale proceeds. There was not much possibility of the house fetching more in the execution sale than the amount due on account of dower. The court took the view that the widow's claim for dower had priority over the debts due to other unsecured creditors and her position was analogous to th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC274; [1950]1SCR741
Mahajan, J.1. This appeal arises out of execution proceedings of a decree passed by an arbitrator under the Co-operative Credit Societies Act. The appeal was presented to the Judicial Committee of the State and is now before us under article 374(4) of the Constitution. 2. Raja Nandlal was a member of the decree-holder Society and was also its debtor. A dispute arose between him and the society and under the rules governing such societies the matter was referred to arbitration. The arbitrator on the 19th Meher 1352 F., passed a decree against him in the sum of Rs. 8,100 payable in equal six monthly instalments with six per cent. interest, the first instalment being payable at the end of Azur 1353 F. On the 2nd Dai 1353 F., under the provisions of section 42, clause (d), of the Co-operative Societies Act the decree was sent for execution to the civil court on a certificate issued under the signature of one Moulvi Mohammed Hasan, Madadgar Nazim. The amount recoverable was stated as Rs. 8,...
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