Mumbai Court January 1909 Judgments
Hiralal Icchalal Majmundar Vs. Narsilal Chaturbhujdas Desai
Court: Mumbai
Decided on: Jan-26-1909
Reported in: 2Ind.Cas.469
Chandavarkar, J.1. This was a suit for the redemption of a mortgage of the Christian year 1794. Originally there had been several mortgages, executed in different years, but all these were consolidated into the mortgage now in dispute. The first question raised in this appeal is whether the right to redeem has long since been barred under the provisions of Section 13 of Bombay Regulation I of 1800. That section was the first law of limitation passed for this Presidency and was extended to Broach by Bombay Regulation II of 1805. It is contended for the respondent-mortgagee that the words in this section are wide enough to embrace suits for redemption. But whatever the conclusion we might have arrived at had the question been res Integra the section formed the subject of judicial interpretation in the Sudder Dewanee Adawlut of Bombay. In Fatima Beebee v. Moolla Abdool Futteh (1811) 1 Bom. 124 and Parvuttee v. Sooraj (1823) 2 Bom. 563 that Court held that the section did not apply to rede...
Tag this Judgment!Raghunath Ji Tarachand Vs. the Bank of Bombay
Court: Mumbai
Decided on: Jan-22-1909
Reported in: 2Ind.Cas.173
Chandavarkar, J.1. The facts of this case, material for the purposes of this appeal, are undisputed and may be shortly stated:One Raghunathji Tarachand started a firm in Bombay in that name for carrying on business in cloth. On his death in 1902, his son Govardhandas continued the business. Govardhandas having died in March 1904, leaving his widow Parvatibai, two minor sons Narottam and Keshavlal, and five daughters, the cloth business was carried on for some time by the munim of the firm under the orders of the widow. When Narottam came of age, he looked after the business. Narottam was a friend of one Hirabhai Ghelabhai, a pearl merchant, who had been in the habit of getting others to draw promissory notes in his favour for the purposes of his business and negotiating them. Towards the end of 1907, the friends, who had so accommodated him, having refused to give notes in that way any further, Hirabhai persuaded Narottam to sign the promissory notes now in dispute and two more in the ...
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