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Mehar Singh Vs. Hukmi and anr.
Court : Himachal Pradesh
Reported in : AIR1949HP22
Bannerji, J.C.1. The sub-joined pedigree table will explain the position of the persons to be mentioned: BHAOO _______________________|______________________ | | | | Basia (died Gaji (died Soorjoo Dhania issueless) issueless | | _______________________| Tulsia | | | Mania Arjun (died. | | issueless) | (Plaintiff) | ______________________________| | | Persa married Motia (dead) Mst. Sundru married (died issue Mst. Jess) Malti (dead) Mst. Karmi defendant 2.2. This suit is brought by the plaintiff (respondent) as the only reversionary heir entitled to the property last, held by the widows, Mt. Malti and Mt. Karmi, of Motia. These widows had succeeded to the entire property left by Tulsia on the death of Mt. Sundru and of their husband, Motia.3. The suit was directed against Kunwar Mehar Singh, defendant 1 and Mt. Karmi, defendant 2. Defendant 1 is the purchaser of sisty five bighas and eleven biswas of land in village Bhilru by virtue of a deed of sale, dated 7th April 1942, executed by ...
Tag this Judgment!Commissioner of Income-tax, East Punjab and Delhi Provinces Vs. Messrs ...
Court : Punjab and Haryana
Reported in : [1949]17ITR406(P& H)
ACHHRU RAM, J. - This reference arises out of an assessment on a firm carrying on business under the name and style of Messrs. Jankidas Kaluram in the town of Rewari in Gurgaon district for the year 1943-44, the accounting year ending on December 9, 1942.It appears that this firm has got a one-half share in another firm carrying on business in Jaipur State under the name and style of Messrs. Jankidas Kaluram, Sambar Lake. From the facts stated at the Bar, the correctness whereof was not disputed on the respondents behalf, it appears that the account of the Rewari firm is to be found in the account books of the Sambar Lake concern under four different heads. There is first a current account in the name of Jankidas Kaluram, Rewari, regarding goods and cash received from and sent to Rewari. There is secondly an account in the name of Arjan Singh-Kirpa Ram, Arjan Singh being the father of Jankidas. This is a capital account which has not been operated upon for a considerable period and is ...
Tag this Judgment!Kamta Prasad and anr. Vs. Ram Agyan and anr.
Court : Allahabad
Reported in : AIR1952All674
Raghubar Dayal, J. 1. This is an application by two persons, Lala Kamta Prasad and Shiva Sagar Pandey, residents of Kanpur asking the Court to take proceedings for contempt of Court, against the two opposite parties Ram Agyan and R.S. Singh, residents of Ghazipur. The applicants are concerned with a Firm Sri Ram Mahadeo Oil Mills, Kanpur : applicant 1 is one of its proprietors and applicant 2 is its Manager. Ram Agyan, opposite party 1 is the proprietor of Regal Talkies of Ghazipur and R.S. Singh, opposite party 2 is the brother of opposite party 1. On 23-4-1948 Ram Agyan, opposite party 1 purchased 14 ceiling fans and one table fan, all second hand, from Sri Ram Mahadeo Oil Mills for Rs. 1930-4-0 and paid Rs. 500 as part purchase money at once and promised to pay the balance at Ghazipur. A servant of the vendor was sent along with opposite party 1 to Ghazipur to fetch the balance. Ram Agyan, opposite party 1, gave a crossed cheque, dated 24 4-1948, for the balance of the price to the ...
Tag this Judgment!Brajraj Ramanuj Das Vs. Ajiman Nisa Bibi
Court : Orissa
Reported in : AIR1950Ori19
Das, J.1. The plaintiff is the appellant in this second appeal. The dispute relates to a ferry right across the river called variously as 'Harachandi, Sunnamubi, Kama or Deshi.' The river flows through a village called Narasinghpatna in the Sadar Sub-Division of Puri and the ferry claimed is situated in this village. The portion of the river bed in this village is 50 acres and 90 decimals in extent consisting of plot NOS. 63 and 471 in the Anabadi Khata No. 104 of the village. The plaintiff who is the Mahant of Pandit Muth of Puri is the recorded proprietor of the village Narasinghpatna including the two plots Nos. 63 and 471. The defendant is the owner of the Khandayati Jagir of Rendhagarh in which is included the village Sipasurubili which lies to the west of the river adjacent to the plots NOS. 63 and 471. For a few months in the year, that is, during the rainy reason and high floods, the river is not fordable at this place and passengers who have to cross from one side to the other...
Tag this Judgment!Shyamlal Sharma Vs. King Emperor
Court : Allahabad
Reported in : 1949CriLJ719
ORDERSeth, J.1. These two references to this Pull Bench have been connected together because the questions referred in both of them depend foe 'their decision on the interpretation of Section 162, Criminal P. C. In either case the applicant is a railway employee who has been convicted of an offence of receiving illegal gratification under Section 161, Penal Code; in either case a police trap 'was laid to capture the accused red-handed in the commission of the crime ; in either ease the services of a Magistrate were employed to witness the commission of the crime ; in either case the Magistrate recorded a report detailing the events that took place in his presence and the manner in which the trap was laid ; and in either case the Magistrate made free use of the report to refresh his memory while deposing as a witness. It was contended in both these cases, when they came up for hearing before this Court, that the depositions of the Magistrates were inadmissible because they had made use ...
Tag this Judgment!Shyamlal Sharma Vs. King-emperor
Court : Allahabad
Reported in : AIR1949All483
Seth, J.1. These two references to this Full Bench have been connected together because the questions referred in both of them depend for their decision on the interpretation of Section 162, Criminal P.C. In either case the applicant is a railway employee who has been convicted of an offence of receiving illegal gratification under Section 161, Penal Code; in either case a police trap was laid to capture the accused red-handed in the commission of the crime; in either case the services of a Magistrate were employed to witness the commission of the crime; in either case the Magistrate recorded a report detailing the events that took place in his presence and the manner in which the trap was laid; and in either case the Magistrate made free use of the report to refresh his memory while deposing as a witness. It was contended in both these cases, when they came up for hearing before this Court, that the depositions of the Magistrates were inadmissible because they had made use of their re...
Tag this Judgment!Sughar Singh Vs. Rex
Court : Allahabad
Reported in : AIR1950All277
Raghubar Dayal, J. 1. This is a revision by Sughar Singh against his conviction under Section 19(f), Arms Act, by a Magistrate, first class, Mainpuri, the appeal against the conviction having been dismissed by the Sessions Judge.2. The facts leading to the applicant's conviction are that on the search of his house a single barrel country, made muzzle-loading pistol, wrapped in cloth, some gun powder, an iron rod of pistol and three live percussion caps and hand-made lead shots weighing 21/2 tolas were recovered from a special hole inside the wall of a room inside the house. This hole was three feet deep and had an opening six inches square.3. In this house lived Sughar Singh with his sons and his younger brother Pahunchi. Sughar Singh is aged 40 years and Pahunchi's age is 26.4. Both these brothers were tried for the offence under Section 19 (f), Arms Act, and were convicted by the Magistrate. On appeal the learned Sessions Judge acquitted Pahunchi and maintained the conviction of Sugh...
Tag this Judgment!B. Tulsipat Ram Vs. Jagat NaraIn Mathur and anr.
Court : Allahabad
Reported in : AIR1952All419
ORDER1. This is a revision application in an execution of decree case. The decree-holder-applicant Babu Tulsipat Ram is superior proprietor of village Puraini. He obtained on 14-6-1941 a decree from the Court of the Sub-Divisional Officer Malihabad for arrears of under proprietary rent against the opposite parties, Shri Jagat Narain Mathur and Shri Tirbhawan Nath, for Rs. 1075 and future interest and costs. The decree was attempted to be realised in execution by appointment of a receiver, an order in which behalf was passed by the learned Sub Divisional Officer on1-4-1942 in spite of the objections of the judgment-debtors that they had applied under the Encumbered Estates Act and that the decree could not be executed in view of Section 7 of that Act. The judgment-debtors succeeded in having the order set aside by the learned District Judge in appeal on 21-9-1942, and the execution application was, therefore, consigned to records. 2. In the Encumbered Estates Act proceedings a prelimina...
Tag this Judgment!Subarna Bissoiani Vs. Arjuno Bissoi
Court : Orissa
Reported in : AIR1951Ori337
Jagannadhadas, J.1. The deft, is the applt. in this second appeal. The appeal arises out of a suit brought by the pltf. for recovery of two plots of lands described in the plaint schedule from the possession of the deft. These two items of land have been purchased in the name of the son of the pltf. under two sale deeds, Exs. B & C, dated 4-10-30 & 4-2-35 respectively. The pltf.'s son died in the year 1942 prior to the suit without leaving any issue. The.. deft, claims to be in possession as being his married, wife. The pltf.'s contention is that the deft, is not the legally married wife of his son & that in any case the suit properties though standing in the name of the son were the joint family properties & that his son died undivided & that therefore the deft, had no title to the property. The Cts. below have found that the pltf. & his deceased son were undivided & that the properties covered in Exs. B & C, though standing in the name of the son, were joint family properties. They a...
Tag this Judgment!Aziz Mirza Vs. Mt. Tayabba Begum
Court : Allahabad
Reported in : AIR1949All651
Harish Chandra, J.1. This is a second appeal on behalf of the judgment-debtor, Aziz Mirza, from the judgment and decree of the District Judge of Agra confirming the judgment and decree of the Munsif of Agra by which an application made by the appellant to the Collector, to whom the execution of a mortgage decree obtained by the respondent, Smt. Tayyaba Begam, against the appellant had been transferred under Section 68, Civil P.C., praying that the benefit of Sections 16 and 17, U.P. Debt Redemption Act, 1940 (U. P. Act XIII [13] of 1940) be given to him, has been directed by the Munsif to be recalled from the Court of the Collector to his own Court for disposal.2. A mortgage was executed by the appellant in favour of the respondent on 7th November, 1980. On 20th February 1933, the respondent obtained a decree against the appellant on the foot of that mortgage. A final decree was passed on 9th December 1933. Some time after that the appellant became insolvent and the Official Receiver w...
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