Mumbai Court January 1885 Judgments
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Jairam Narronji Vs. Kuverbai and ors.
Court: Mumbai
Decided on: Jan-29-1885
Reported in: (1885)ILR9Bom491
Bayley, J.1. This suit is brought by Jairam Narronji, the survivor of three trustees appointed by the will of a Hindu named Chattoorbhooj Mowji, dated the 29th June, 1874, executed at Yarvara, near Dwarka in Kathiawar, on the 4th July, 1874, in the presence of Captain Jackson, Acting Assistant Resident in charge at Okhimandal, and other witnesses. Chottoorbhooj Mowji died on the following day, 5th July, 1874.2. The plaintiff by Ms plaint, which was filed on the 2nd August, 1883, prays (1) that the will of the testator may be construed by the Court; (2) that his estate may be administered under its direction; (3) that new trustees may be appointed in conjunction with the plaintiff to carry out the trusts of the said will; (4) that it may be ascertained and declared, who is or are the person or persons entitled to the residuary estate of the testator after the death of his two widows, Kuverbal and Kesserbai, the first and second defendants; (5) that all proper orders may be made, account...
The New Fleming Spinning and Weaving Company Limited Vs. Kessowji Naik ...
Court: Mumbai
Decided on: Jan-16-1885
Reported in: (1885)ILR9Bom373
Scott, J.1. This case is of great importance, not only to the parties oil account of the magnitude of the sums claimed (eleven lakhs), but also to the whole community on account of the question to be decided -to wit, the extent of the liability of directors of limited companies for the result of negligent performance of their duties. The plaintiffs are the liquidators of the New Fleming Spinning and Weaving Company, which commenced its existence on the 31st of July 1878, and stopped payment on the 26th December in the same year. The defendants are Kessowji Naik and Gellabhoy Puddumsey, directors of the company; Mr. Turner, the official assignee of Nufsey Kessowji, an insolvent director; and the sons of Sakerchand Nagendas, a deceased director, Mr. K. N. Cama was also made a defendant director; but on his death, in the course of the case, the Court, at the request of the plaintiffs, under Section 302 of the Civil Procedure Code caused an entry of the death to be made on the record, and ...
Damodar Gangadar Vs. Vamanrav Lakshman
Court: Mumbai
Decided on: Jan-16-1885
Reported in: (1885)ILR9Bom435
W. Wedderburn, J.1. In this case the mortgage bond contains certain stipulations under which the mortgagor engages to repay to the mortgagee any costs he may incur in suits brought against him by the mortgagor's co-sharers, and also any debts charged upon the mortgaged property which the mortgagee may pay. The Commissioner, C. D., is of opinion that these are condition not necessarily connected with a mortgage pure and simple, and the question is, whether an additional stamp should be charged as for an indemnity bond? It appears to us that the question should be answered in the negative. Under the ordinary law' of mortgage, the mortgagor is bound, so long as the equity of redemption remains with him, to indemnify the estate against expenses incurred in protecting the title (vide Fisher on Mortgage, 3rd ed., Vol. II, page 947). The stipulations referred to do not appear to create any fresh obligation, and only tend to maintain in favour of the mortgagee the original security which is th...
Radhabai and Ramchandra Konher Vs. Anantrav Bhagvant Deshpande
Court: Mumbai
Decided on: Jan-13-1885
Reported in: (1885)ILR9Bom198
Charles Sargent, C.J.1. The first question as to the application of the Statutes of Limitation to service vatans turns upon the nature of the estate which the holder for the time being of the vatan has in the vatan property.2. In Kuria v. Gururav 9 Bom. H.C. R. 282 the Court would appear to have assumed that land belonging to a service vatan 'was held on a tenure of successive life-estates, the right to which accrued on the death of each life-tenant.' In Babaji v. Nana I.L.R. Bom. 1535 however, it is said by the Court: 'The incumbent of a service vatan restrained by Regulation XVI of 1827, Section 20, from alienating the vatan as against his heirs, is in a position parallel to that of a Hindu widow, who, except for special purposes, cannot, as against the heirs of her husband, alienate his immoveable property. Her alienation, except for such special purposes, is effective only to the extent of her own limited interest as widow, yet she completely represents the absolute estate in the i...
Bai Daya, Widow Vs. Natha Govindlal
Court: Mumbai
Decided on: Jan-07-1885
Reported in: (1885)ILR9Bom279
Charles Sargent, C.J.1. The plaintiff in this case sued her step-son for arrears of maintenance, alleging that he had inherited moveable and immoveable property from her husband. Although no distinct issue was raised, the question as to her right to maintenance independently of their being inherited property was also dealt with at the hearing in both the lower Courts. The Assistant Judge found that, after paying off his father's debts, the defendant had nothing left but irrecoverable outstandings which he had offered to make over to the plaintiff, and that, under those circumstances, defendant was under no legal obligation to support the plaintiff.2. It has been urged before us that the question, whether defendant had inherited property liable for plaintiff's maintenance, was dealt with in such an unsatisfactory manner by the Assistant Judge, that we ought not to accept his finding. It was objected that the opinion ex pressed, by the Assistant Judge, that the entries in the defendant's...
Vasanji Haribhai Vs. Lallu Akhu
Court: Mumbai
Decided on: Jan-07-1885
Reported in: (1885)ILR9Bom285
Charles Sargent, C.J.1. This suit is instituted with the permission of the Collector by the plaintiff to, obtain a declaration of his right to be the holder, for the time being, of a desaigiri hak against the defendant, who is the purchaser at an auction sale in execution of a decree passed in a suit instituted by a mortgagee against the plaintiff as the representative of the original mortgagors (the father and grandfather of the plaintiff), to enforce the mortgage-debt by sale of the hak. The Courts below have found that, notwithstanding the settlement made by Government with the holders of the halt, the hak being a service vatan could not be mortgaged by plaintiff's father and grandfather beyond their life-interests, and that the plaintiff was entitled, therefore, to the hak as the present life-holder. This is opposed to the recent Full Bench decision in Radhabai v. Anantrav Bhagvanl Supra, p. 198 which establishes that, in the absence of any-special family custom, when the office at...
Dalpat Narotam Vs. Bhagvan Khushal and ors.
Court: Mumbai
Decided on: Jan-07-1885
Reported in: (1885)ILR9Bom301
Charles Sargent, C.J.1. This suit raises the much-disputed question as to the devolution of property inherited by a daughter from a male. Till the decision of the privy Council in Mutta Vaduganadha Tever v. Dorasinga Tevar L.R. 8. I.A. 92, where it is laid down distinctly that under the Mitakshara 'a woman taking by inheritance from a male does not take a stridhan estate transmissible to her heirs.' the doctrine of this Court was that; a daughter inheriting from a male took an absolute estate transmissible to her heirs-Hari-bhat v. Damodarbhai I.L.R. 3 Bom. 171, Babaji bin Narayan v. Balaji Ganesh I.L.R. 5 Bom. 660. Since that decision, however, it would seem, as stated by the learned authors of West and Buhler's Hindu Law, p. 432 (3rd ed), that 'the heritage taken by daughters roust in future be regarded as but a life-interest whether with or without the extensions recognised in the case of a widow, except in cases governed by the Vyavahara Mayukha.' The present case, being one from G...
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