Mumbai Court December 1906 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Rani Sundar Koer Vs. Rai Sham Krishen
Court: Mumbai
Decided on: Dec-14-1906
Reported in: (1907)9BOMLR304
Davey, J.1. This case comes before their lordships on appeal and cross-appeal. The questions between the parties arose in taking the accounts between mortgagor and mortgagee. The appellant in the principal appeal is the widow and representative of Raja Rameswar Pershad Narayan Singh, the mortgagor and original defendant. The mortgagees, who were plaintiffs in the suit, were the respondents to the principal appeal and the appellants in the cross-appeal.2. The object of the suit was to enforce payment, by sale of the mortgaged properties, of sums of money owing on two mortgage bonds, dated respectively the 19th June 1888 and the 15th June 1901. By the earlier bond the principal sum secured was Rs. 4,35,000, with interest at the rate of 14 annas per cent, per mensem, equivalent to 101/2 per cent, per annum and by the first condition of the bond it was agreed that the interest should be paid every six months and in case of default the mortgagee should pay interest on interest, at the rate ...
Emperor Vs. Hari Ramji
Court: Mumbai
Decided on: Dec-13-1906
Reported in: (1907)9BOMLR27
Batty, J.1. In this case it is well established that the topa and tambya and a watch and a chain were stolen property. Also that the first two belonged to one owner Ex. 2 and the third to another owner Ex. 3. Also that all three were found in the possession of the accused. The third article, the watch with the chain, was in the possession of the accused within one month after the theft deposed to by Ex. 3. For Ex. 4 proves that he obtained it from the possession of the accused eight months before his deposition and No. 3 says that the theft was nine months before the same date. Now possession after recent theft raises ordinarily a presumption either that the person in possession is the thief or had dishonestly received the property knowing it to be stolen. In R. v. Crowhurst it was said :-In cases of this nature you should take it as a general principle, that, where a man in whose possession stolen property is found, gives a reasonable account of how he came by it, as by telling the na...
Damodar Sakarchand Vs. Vyanku Gangaram
Court: Mumbai
Decided on: Dec-12-1906
Reported in: (1907)9BOMLR199
Lawrence Jenkins, C.J.1. On the 8th of March 1902, a decree on a mortgage was passed in favour of the defendant Damodar Sakar. chand. It was thereby directed in effect that on default in pay. ment of the mortgage-money within six months the property should be sold and that if the sale proceeds were insufficient to pay the amount due on the mortgage the balance was to be recovered from the defendant Gangaram personally. On the 7th of November 1902, the plaintiff applied for a sale of the mortgaged property and in June 1903 it was sold for Rs. 575. Subsequently, on the 17th of the same month, the decree-holder purporting to proceed under the personal decree for the balance, applied for attachment of a house not comprised in the mortgage. On the following day the order for attachment was made and on the 19th of June the house, to which this suit relates, was actually attached.2. On July 2nd the judgment-debtor, Gangaram, applied to have the sale of the mortgaged property set aside and by ...
Nathu Gangaram Vs. Hansraj Morarji
Court: Mumbai
Decided on: Dec-11-1906
Reported in: (1907)9BOMLR114
Russell, J.1. In this case, the plaintiff sued as Receiver in Suit No. 30 of 1906 and para 9 of the plaint in that suit is as follows: 'The plaintiffs thereafter proceeded to get delivery of the goods deliverable under all the said contracts, when the vendors or some of them declined to recognize the plaintiffs and began to make difficulties. The first defendant accompanied the plaintiffs when they went to take delivery in order to prevent the vendors raising difficulties, when some of the vendors made deliveries to the plaintiffs or paid the amounts which had been settled for, but others refused to give delivery to the plaintiffs and it will be necessary to take legal proceedings against them.'2. I cite this para as it appears that with regard to part of plaintiff's claim herein the defendants have declined to recognize the plaintiff. Ex. B, dated the 16th January 1905, was an order made whereby the present plaintiff was appointed Receiver with the powers therein conferred. Ex. C, dat...
In Re: M.B. Chothia
Court: Mumbai
Decided on: Dec-07-1906
Reported in: (1907)9BOMLR38
Chandavarkar, J.1. There are two questions raised by the notice of motion dated the 6th of October last, of Thucker Sursing Mathuradas, defendant in Suit No. 787 of 1904. By that notice the defendant sought to restrain Mr. Manchershaw Bomanjee Chothia, a solicitor of this Court, from acting as the plaintiffs solicitor and utilising, for the purposes of the execution proceedings in that suit, the information which he had obtained from the defendant during his employment as the defendant's solicitor previously in the suit itself. The two questions are; (1) whether Mr. Chothia is liable to pay the costs of and incidental to the notice of motion; and (2) whether, having acted as the defendant's attorney up to the date of the decree in the suit and obtained information in connection with the suit from the defendant in the course of employment as his attorney, he has used that information as plaintiff's attorney for the purpose of the execution of the decree against the defendant.2. Mr. Lown...
Emperor Vs. Isap Mahmad
Court: Mumbai
Decided on: Dec-07-1906
Reported in: (1907)9BOMLR148
Batty, J.1. The accused in this case was committed to the Sessions on two charges, neither of which involved any question as to the marriage of the person whom he was said to have kidnapped or abducted. At the conclusion of the evidence to establish those charges and after the evidence for the defence had been recorded, the Court added a charge under Section 498, Indian Penal Code, which involved the question of the marriage of Rewa, the woman said to have been kidnapped or abducted. Objection has been taken in this appeal that this procedure was contrary to the provisions of Section 199, Criminal Procedure Code and to the spirit of Section 238, Criminal Procedure Code. It appears from the proceedings that the accused's Counsel Mr. Dehlvi, objected to that charge being framed at that stage.2. We think he had good grounds for objecting. He could not be expected to examine and cross-examine witnesses on a point which was not in issue or raised by the charges originally framed. It is also...
In Re: Government and Dayal Mulji
Court: Mumbai
Decided on: Dec-04-1906
Reported in: (1907)9BOMLR99
Chandavarkar, J.1. This is a reference from the Collector of Bombay, under Section 18 of the Land Acquisition Act, in respect of the property of the claimant, Dayal Mulji, at Dadar, compulsorily acquired by Government for the purposes of the G.I.P. Railway. The property fronts the Dadar Road and is about 10 minutes' walk from the station of the B.B. & C.I. Railway and seven minutes' walk from the station of the G.I.P. Railway. The Dadiar Goods-Station of the G.I.P. Railway is in front of the property on the west. The land compulsorily acquired is 4409 square yards and a portion of it was covered by an incomplete bungalow and out-houses at the date of the acquisition.2. The claimant with another person purchased the land in 1892 at Rs. 2-8 per square yard. The next year he bought the rights of 'his joint owner for Rs. 1000 and reclaimed the land. He commenced building in 1894. On the 3rd of November 1898, a Government Notification appeared in the Government Gazette, declaring the resolu...
Dhanjibhoy Raghoo Vs. Meherally Moraj
Court: Mumbai
Decided on: Dec-04-1906
Reported in: (1907)9BOMLR901
Chandavarkar, J.1. A preliminary objection has been raised to the maintenance of this suit, so far as the breaches of trust alleged against the first defendant in para 6A of the plaint are concerned. In the plaint originally filed there was a mere allegation that the defendants had committed breaches of trust and their removal was prayed for on account of those breaches. Before raising issues, I pointed out to plaintiffs' counsel that the defendants could not be expected to answer a vague charge of breach of trust without particulars of the breach. Plaintiffs' counsel asked for permission to amend the plaint by mentioning the particulars. The amendment, having been allowed, was made accordingly. But now it is urged for the defendant that the Court cannot go into the question of those breaches, because no consent in writing had been obtained to the suit in respect of them before it was filed, as required by Section 539 of the Code of Civil Procedure.2. Apart from the amendment in para 6...
Ralli Brothers Vs. Noor Mahomed
Court: Mumbai
Decided on: Dec-03-1906
Reported in: (1906)8BOMLR955
Davar, J.1. The petitioners who are well known merchants carrying on business in Bombay have presented a petition to this Court praying that the legal proceedings instituted against them by Noor MohomedValley in the Court of Small Causes at Bombay may be stayed under the provisions of the Indian Arbitration Act, and the clause in the contract, in respect of which disputes and differences have arisen, providing for a reference to Arbitration, may be enforced against the respondent. It happens that by a contract in writing bearing date the 30th of January 1906, the respondent agreed to purchase 150 tons of Belgian sugar imported into Bombay by the petitioners. The first clause of the contract, a copy of which is annexed to the petition, provides that the respondent should on arrival of the goods forthwith pay for and take delivery of the goods from the steamer's deck. The goods arrived by the steamshipTrantentels, and the petitioners, on the 19th of March, wrote to the respondent asking ...
- ‹ Prev
- 1
- Next ›