Mumbai Court April 1889 Judgments
Volkart Brothers and ors. Vs. Nusservanji Jehangir Khambatta
Court: Mumbai
Decided on: Apr-26-1889
Reported in: (1889)ILR13Bom392
Charles Sargent, C.J.1. This reference from the Court of Small Causes arises out of a suit brought by the consignees of a cargo of 2,519 tons of coal by the ship Dunedin to recover damages from the defendant for failure to take delivery of 1,000 tons of coal under two contracts dated the 2nd June, 1888. Each of the contracts was for the purchase by the defendant of 500 tons of coal per steam ship Dunedin in harbour. The coal to be of the description known as 'Inysfeied Cardiff' and to be delivered into the purchasers' boats alongside at Rs. 220 per ton, 'delivery to be taken at a rate of not less than 200 tons per diem. All conditions in the charter party or bill of lading to be binding on the purchasers.' One of the conditions of the charter party was in the following terms: 'The cargo to be discharged, weather permitting, at the average rate of not less than 300 tons a working pay, or to pay demurrage at the rate of 30 per working day, or pro raid,' except in certain cases, which it ...
Tag this Judgment!Narrottam Vizbhookandas and ors. Vs. Hrai Chand Ramchand and ors.
Court: Mumbai
Decided on: Apr-13-1889
Reported in: (1889)ILR13Bom368
Scott, J.1. This case has been set down for further directions on the Commissioner's report. That report was signed by the Commissioner and filed in the Prothonotary's office on the 5th February. The plaintiff now asks to vary the report on grounds of objection which he filed on the 4th March. He is met with the answer that he is out of time, under Rule VI of Chapter VI sit page 52 of the High Court Rules. That rule has been given judicial interpretation by Westropp, C.J., in Sumar Ahmed v. Haji Ismail Haji Habib I.L.R. Bm. 158 161 who says that 'the parties should move to vary the Commissioner's report on a memorandum of objections filed in the Prothonotary's office, and upon the evidence before the Commissioner* * * *. The application to vary the report should be made within the twenty days required by Rule VI.' To this, I think, should be added 'or within such additional time as a Judge or the Court has allowed for the application to vary the report. In the present case there has be...
Tag this Judgment!C.A. Turner, Official Assignee Vs. Navivahu and ors.
Court: Mumbai
Decided on: Apr-12-1889
Reported in: (1889)ILR13Bom520
Hobhouse, J.1. On the 19th August 1868, the Insolvency Court of Bombay ordered that a judgment should be entered up in the name of the Official Assignee against the insolvent Candas Narrondas for a sum exceeding sixteen millions of rupees. That judgment was accordingly entered up in the High Court.2. It does not appear whether anything was done under the judgment till the 5th April 1886, when the Insolvency Court ordered execution for a sum of nearly five millions to be taken out against certain properties described in the order.3. The representatives of the insolvent being summoned to show cause why the judgment should not be executed, assigned as cause that under the operation of the Indian Limitation Act, 1877, the right to have execution was barred by lapse of time. It will be convenient to state here the effect of the articles in the schedule of the Act of 1877 which have been put forward as applicable to the case, taking them in reverse order. The amendments of this Act by Acts X...
Tag this Judgment!Queen-empress Vs. Narottamdass Motiram and anr.
Court: Mumbai
Decided on: Apr-04-1889
Reported in: (1889)ILR13Bom681
Scott, J.1. This is an appeal by the Government of Bombay against an order of acquittal, on the 4th October last, by the late Chief Presidency Magistrate, who delivered an able and elaborate judgment. The facts are admitted. The accused were charged, under the Bombay Prevention of Gambling Act IV of 1887, with keeping a certain shed for the purpose of a 'common gaming-house within the meaning of the Act. The statutory definition of a common gaming-house is' a house, room, or place in which cards, dice, tables, or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using, or keeping such place.' The instruments here kept or used are two--one, a rain-gauge; the other, a gutter. They are constructed and used exclusively as a means of ascertaining the rainfall in the monsoon. On that rainfall, thus ascertained, great numbers of people are in the habit of making bets, which are registered by the accused, who, after deducting a commission on e...
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