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Gurnam Singh Vs. Mt. Datto
Court : Punjab and Haryana
Reported in : AIR1950P& H20; 1950CriLJ390
ORDERHarnam Singh J.1. Shrimati Datto applied Under Section 4S8, Criminal P.C. claiming maintenance from her husband Gurnam Singh on the ground that having sufficient meana he had neglected and refused to maintain her and her children from him. The trial Court has allowed Rs. 40 pecmenbgku to Mt. Datto and RSection 12 and Rs. 8 per mensam to the children on account of maintenance.2. It appears that the petition was put in by Mt. Daito on 23rd December 1347. Notice was ordered to be issued to the reapondent Gurnam Singh for 14th January 1948, both in the ordinary way and by registered post. The said notices were not received after service. Fresh notices were then ordered to be issued for the service of Gurnam Singh respondent for 30th January 1948. Again the notices were not received after service. Notices were again ordered to be issued for 9th February 1918. This time the registered envelope was received book with the endorsement 'Refused', The case was then proceeded ex parte against...
Tag this Judgment!Mt. Hajira Begum Vs. Hamid HusaIn and ors.
Court : Allahabad
Reported in : AIR1950All45
Malik, C.J.1. One Hamid Husain filed an application under Section 4, U. P. Encumbered Estates Act on 23rd July 1935. The papers were in due course sent to the Special Judge, first grade, Pilibhit, and a notice setting out the list of properties was published in the Provincial Gazette on 7th November 1936. No objections under Section 11, Encumbered Estates Act were filed and on 12th August 1911, the Special Judge determined all the claims under Section 14, Encumbered Estates Act. The papers were in due course sent to the Collector for liquidation of the debts and a liquidation award was drawn up on 24th August 1943, by an officer appointed for the purpose. Hamid Husain, however, filed an appeal against this award but the appeal was dismissed by the Collector on 7th December 1945, and on 18th April 1946, the final award was passed. Under this award certain bonds were to be issued to the secured creditors and certain items of property were to be transferred to certain others. Hamid Husain...
Tag this Judgment!Ram Gulam and anr. Vs. Government of U.P.
Court : Allahabad
Reported in : AIR1950All206
ORDERSeth, J.1. The suit giving rise to this application in revision was instituted by the plaintiffs applicants against the Government of United Provinces for the recovery of certain ornaments, and in the alternative for the recovery of Rs. 599.4/- of their price.2. These ornaments were stolen from the house of the plaintiffs. They were recovered from another house, on a search made by the police and seized as stolen property, in exercise of powers conferred in that behalf by the Code of Criminal Procedure. They were produced as exhibits at the trial of those, who were prosecuted in connection with the theft. They were accordingly kept in the Collectorate Malkhana, from where they were again stolen, and are now untraceable. The plaintiffs applied unsuccessfully to the Magistrate for an order for their restoration to them and then instituted the present suit, which was dismissed on the finding that the Government was not liable to compensate the plaintiffs.3. It appears that the claim ...
Tag this Judgment!Naranamangalath Manakkal Parameswaran Nambudiripad Vs. Kuttah Narayana ...
Court : Chennai
Reported in : AIR1950Mad221
Mack, J.1. This petition raises a question of the scope of Section 6 of Madras Act, V of 1947, which authorised, entry into Hindu temples and the offer of worship therein by certain classes of Hindus who by custom or usage were previously excluded from such entry and worship. Section 3 of the Act declared the rights of excluded classes to enter into a Hindu temple and offer worship therein and also the right to bathe in any sacred tank situated within or outside the precincts of the temple. The petitioner is the defendant in a suit filed by the respondents who have made no appearance on this petition. They are two Thias, one Numbudiri Brahmin and two Nayars, who joined in a suit to enforce the right of entry into the temple and to bathe in a tank attached to it impleading the petitioner as the defendant. The petitioner pleaded that the temple was a private one belonging to his family and also inter alia that under Section 6, the Court was bound to refer for the determination of the Pro...
Tag this Judgment!Susamarani Debi and ors. Vs. Udai Chand Mahatab and anr.
Court : Kolkata
Reported in : AIR1953Cal328
ORDERR.P. Mookerjee, J.1. On behalf of the defendants, it is urged that the court of appeal below erred in holding that the defence was barred under Section 109, Bengal Tenancy Act. The plaintiff had brought the suit to realise arrears of rent, cess and interest in respect of a holding of which the rent had been settled under Section 105, Bengal Tenancy Act. The order passed under Section 105 was in 1937 and the present claim is for the years 1347 to 1350 B. S. The defence was that no rent was payable for the land as the plot in question was a resumed chowkidari chakran land and had been included in the putni created in 1846. The putni rent included the rent of these lands and the tenants are not liable to pay separately any rent for the same. Both the courts below have held that as rent was assessed under Section 105, Bengal Tenancy Act, and the order passed by the revenue authorities (a copy of which is marked as Ex. 6 in the case) was a contested one, that decision had the force and...
Tag this Judgment!Lal Somnath Singh and ors. Vs. Ambika Prasad Dube and ors.
Court : Allahabad
Reported in : AIR1950All121
Malik, C.J.1. This is a plaintiffs' appeal against the order of the lower Court dismissing their suit for possession of certain properties as against defendants 1 to 8 and 29 to 31. The plaintiffs had claimed the properties as the reversionary heirs of Lal Bishwanath Singh who died on 26/27th April 1872. After the death of his widow, Mt. Sheobachan Kuer, on 7th October 1926, the suit wag filed on the last date of limitation, i. e., 6th October 1938.2. The pedigree of the family is printed at page 7 and there is no dispute as regards the pedigree. On the death of Mt. Sheobachan Kuer, Lal Shanker Nath Singh, who was the nearest collateral of Lal Bishwanath Singh, became his legal heir. The suit was filed by Somnath Singh, son of Lal Shanker Nath Singh, the other two plaintiffs being his cousins to whom the plaintiff had agreed to give a portion of the property.3. The property is divided into six schedules. The appeal relates only to schedules A and D, as the plaintiffs entered into compr...
Tag this Judgment!The King Vs. S.N. Singh Rai
Court : Orissa
Reported in : AIR1951Ori297
Ray, C.J.1. This is an appeal by the State against an order of acquittal in a bribery case. The resp., S.N. Singh Ray, the accused, was the Station Master of Meramundeli Rly, Station (B. N. Rly.) on 2-2-1947, the date of occurrence. The informant, P. W. 3 (Waiz Mohammad) is an agent of Khan Sahib Muhammad Khan, a merchant dealing in timbers & Kendu leaves with headquarters at Sambalpur. The agent had headquarters at Angul. P. W. 4, Luxmidhar Sahu, is another agent of Khan Sahib, stationed at Meramundeli Rly. Station, who owes subordination to Waiz Mohammad. The latter supplies money to the former for loading & unloading expenses of the goods. Luxmidhar keeps accounts separately relating to transactions in timber Ex. 10, & transactions relating to Kendu leaves, Ex. 10 (l). It is said by both of them that the accused Station Master was in the habit of demanding & receiving bribe @ Rs. 50 for indent & supply of only wagon for consignment of the aforesaid goods.2. On 28-1-1947, P. w. 3 fil...
Tag this Judgment!M.A. Malik Vs. V.S. Thiruvengadaswami Mudaliar
Court : Chennai
Reported in : AIR1950Mad208
Horwill, J.1. In misfeasance proceedings taken by the liquidator during the course of a winding up of a company of which the appellant was a Director for a year or so, this Court on the Original Side directed that the appellant do pay the Official Liquidator the sum of Rs. 2991-14-0 and Rs. 4866-6-0 'being the amounts of loss occasioned in respect of the share brokerage, preliminary expenses and investments in unauthorised banks respectively.' The respondent having taken an assignment of the decree proceeded against the appellant in execution and applied to the Court, for his arrest. The question arose whether under Section 51, Civil P. C., the respondent was liable for arrest. He pleaded that he was a pauper and was quite unable to raise the money to discharge the decree. The Court, however, found that since he was a director and it was on account of his breach of duty that the loss had been sustained by the company, Clause (c) of the proviso to Section 51 applied, and 'that the decre...
Tag this Judgment!S. Muhammad Eusoof Maricar Vs. K. Subramanian Chettiar and ors.
Court : Chennai
Reported in : AIR1950Mad272
ORDERMack, J.1. A simple point of jurisdiction is raised in this petition by defendant 1, a permanent resident of Karaikal, who was sued in the Court of the Subordinate Judge of Tiruchirapalli by the plaintiff in the following circumstances. The plaintiff alleged that he and defendant 1 entered into an agreement at Karaikal on 7th August 1947 by which the latter agreed to sell a building he owned in Manapparai in the Tiruchirapalli district to the plaintiff for Rs. 13,250, that he paid defendant 1 an advance of Rs. 2000 and that it was agreed that defendant 1 should come to Manapparai and complete the conveyance and get it registered in the local Registrar's office. The suit was filed for specific performance of contract and also for recovery of possession. The plea of jurisdiction taken on behalf of defendant 1 was that as a nonresident foreigner resident in the French territory of Karaikal he could not be sued in the Tiruchirapalli Court. The learned Subordinate Judge held that the T...
Tag this Judgment!Bhulan Singh and ors. Vs. Ganendra Kumar Roy Chowdhury
Court : Kolkata
Reported in : AIR1950Cal74,54CWN366
Harries, C.J.1. These are four appeals from decrees of Banerjee J. sitting on the Original Side of this Court, made on 12th May 1949 in ejectment suits. The plaintiff-respondent in each of these appeals purchased certain premises known as No. 30 Kali Krishna Tagore Street in the year 1938. These premises were let to a number of tenants--including the four appellants. Notices to quit were served on each of the four appellants and on 14th January 1949 ejectment suits were filed by the plaintiff respondent against each of the four appellants. These suits were tried together by Banerjee J. sitting on the Original Side, as the facts were common to each case. The learned Judge eventually came to conclusion that the plaintiff was entitled to possession asa against each of the four defendants and accordingly made decrees for ejectment in each suit. It is from these four decrees of ejectment that the present appeals have been filed.2. The short point involved in each of these appeals is whether...
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