Mumbai Court September 1910 Judgments
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Nathubhai Bhikaridas Vs. Devidas Mangaldas
Court: Mumbai
Decided on: Sep-08-1910
Reported in: (1910)12BOMLR951
N.G. Chandavarkar, J.1. The lower appellate Court has found upon the evidence that both Mangaldas and Devidas received the money due upon the mortgage from the first defendant ' for and on behalf of the plaintiff' as mortgagee of the said defendant. The legal effect of that finding is that both Mangaldas and Devidas by their own act and conduct constituted themselves agents of the plaintiff for the purposes of the amount or amounts received by them from the plaintiff's mortgagor; and it is not open to them to deny that fiduciary relation and plead that the money was received by them on their own account an for their own benefit: Lokhee Narain Roy Chowdhry v. Kalypuddo Bandopadhya . The principle applicable to the present case, and applied in the judgment of the Privy Council abovementioned, is stated by Anderson J. in Gawton v. Lord Dacres (1590) 2 Leon, 219 which is referred to with approval in Lyell v. Kennedy (1889) 14 A C. 437: ' If one become my bailiff of his own wrong, without m...
Digambar Keshav Shrotri Vs. Narayan Vithal Ashtekar
Court: Mumbai
Decided on: Sep-06-1910
Reported in: (1911)13BOMLR38
Batchelor, J.1. This was an application for the revocation of the probate of the will of one Shankar who died on the 24th of March 1902.2. By an application made in January 1903 Digambar and Bhagwat, who are the executors under the will, applied for a certificate of heir ship with the will annexed.3. After various incidents that application was, in April 1904, ordered to stand over pending the result of an application for probate made by the same parties.4. Probate was ultimately granted to Digambar and Bhagwat on 18th August 1904 but the probate proceedings had throughout been conducted ex parte, no citation having been issued to Thakubai, the widowed sister of the testator.5. Then in April 1909 the present application was made by a purchaser from Thakubai of a part of the land the subject matter of the will. In March 1909 the Assistant Judge revoked the probate on the sole ground that it had been obtained without notice to Thakubai. But in an interlocutory judgment of this Bench in A...
In Re: Sir Currimbhai Ebrahim, Bart
Court: Mumbai
Decided on: Sep-03-1910
Reported in: (1910)12BOMLR1040
Basil Scott, Kt., C.J.1. This is an application purporting to be made under the Trustees and Mortgagees Powers Act XXVIII of 1866 and in the matter of Seth Khulfanbhai Damani's trust by the surviving trustees.2. The petition states that Khulfunbhai Oamani, a Khoja Mahomedan merchant, purchased two Government Promissory Notes of Rs. 5000 each for the purpose of establishing a charity for distributing dry food to the poor, and by an indenture of trust of the 14th of September 1857 assigned the Government Promissory Notes to, and deposited the same in, the Bank of Bombay, in the names of the parties to the deed of the second part for the benefit of the charity. The trusts particularly described in the deed are the purchase of rice and other articles of food, namely, roasted gram, parched rice, beaten rice, and grain called dhani, and the distribution of the same every Friday morning at such hours as the trustees might fix for the purpose amongst such poor persons as might assemble at that...
Emperor Vs. Donald Bruce Weir
Court: Mumbai
Decided on: Sep-02-1910
Reported in: (1910)12BOMLR930
Heaton, J.1. About 18-20 on Friday the 4th March last the Special Weekly Postal Express from Bombay to Madras left the main line which is a single line at the points on the Bombay side of the Bhalvani Station, ran on to a loop line and collided with a goods train on that loop line. Had the main line points been properly set and locked this could not have happened; but they were not properly set and locked; they were set so as to take any train coming from the Bombay direction on to the loop line though they ought to have been set so as to keep it on the main line. All this is admitted. The mistake happened in this way. The goods train came into Bhalvani about 17-50, proceeding towards Bombay and took up a position on the loop line. Shortly after it arrived a down mixed train, that is a train coming from the direction of Bombay came in. For this train the points were correctly set; so it kept on the main line and passed into the station. At this time a muccadum was in charge of the poin...
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