Mumbai Court May 1911 Judgments
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Moujilal Vs. Musammat Chandrabati Kumari
Court: Mumbai
Decided on: May-18-1911
Reported in: (1911)13BOMLR534
Arthur Wilson, J.1. This is an appeal against two decrees of the Calcutta High Court dated the nth April 1905, which reversed certain decrees of the District Judge of Bha-gulpur.2. The whole proceedings arise out of some conflicting applications for the grant of letters of administration to the estate of one Ishri Pershad, who died on the 31st July 1902. In the present appeal the only claims in question are those of the respondent Chandrabati, alleged to be a. daughter of the deceased, and that of the appellants, who base their claim on their position as somewhat distant agnates. It is admitted that the agnates are entitled if Chandrabati is not. The question therefore is, whether Chandrabati and a sister of hers, who is not a party to this appeal, are daughters of Ishri Pershad, and that again depends upon whether he was married to their mother Girjabati.3. On that question the Courts in India have differed, the District Judge deciding against the marriage, and the High Court in favou...
Raman Chetty Vs. Steel Brothers and Company, Ltd.
Court: Mumbai
Decided on: May-18-1911
Reported in: (1911)13BOMLR542
Arthur Wilson, J.1. This appeal arises out of conflicting claims set up by the respective parties in insolvency proceedings, which took place in the Chief Court of Lower Burma. The subject-matter of the appeal is the sale proceeds of a steam launch and a number of cargo boats which had been the property of the insolvent Maung Gyi, and which were sold in the course of realising the estate of the insolvent.2. The claim of the appellant was based upon a mortgage, dated the 30th December 1903, by which the steam launch and most of the cargo boats were mortgaged by Maung Gyi to one Nagappa Chetty, who was the agent of the present appellant, to secure a sum of money then advanced. On the 30th November 1904, and on the 24th July 1905, further mortgages or charges were made in favour of. persons who are no parties to the present proceedings; and, owing to the course pursued by the parties interested and to the course of the present proceedings, those last-mentioned transactions need not be con...
Maung Pe Vs. Ma Lon Ma Gale
Court: Mumbai
Decided on: May-09-1911
Reported in: (1911)13BOMLR464
Robson, J. 1. This is an appeal from a judgment of the Chief Court of Lower Burma on its appellate side reversing a judgment in favour of the present appellant, who was plaintiff in the action, and directing that his suit be dismissed with costs. The respondent did not appear on this appeal.2. The appellant and respondent were Burmese Buddhists, and up to the 6th June 1907 were husband and wife. Sometime prior to that date the husband filed a suit against the respondent for dissolution of the marriage.3. The alleged ground of divorce was that the respondent had, by sundry fraudulent devices, stolen certain jewels which were the property of the appellant. The question as to whether or not this is an adequate ground for a divorce according to Burmese Buddhist law has not been argued either in the Courts below or here, and their Lordships express no opinion upon it. It is sufficient to say that the divorce was granted, and its validity is not contested. The present dispute is concerned so...
Srinivasa Moorthy Vs. Venkatavarada Iyengar
Court: Mumbai
Decided on: May-09-1911
Reported in: (1911)13BOMLR520
Macnaghten, J.1. This is an appeal from the judgment of the Madras High Court in a suit for the administration of the trusts of the will of Venkatavarada Iyengar, who died on the 24th of August 1892, domiciled in the State of Mysore. The judgment under appeal affirmed in substance the decision of Moore J. sitting on the original side of the Court.2. The appellant, who was the only son of the deceased, was one of the executors and trustees named in his will and sole residuary legatee. He joined in obtaining probate. He took upon himself the management of the estate and possessed himself of all the assets. For some years he acted in execution of the trusts of the will. Called upon to account and charged with various breaches of trust he now asserts that the will was wholly inoperative and that the entire estate was joint family property, and that it belongs to him in his individual capacity by right of survivorship.3. To such a contention advanced under such circumstances it would be a s...
Purna Sashi Bhattacharji Vs. Kalidhan Rai Chowdhuri
Court: Mumbai
Decided on: May-04-1911
Reported in: (1911)13BOMLR451
Ameer Ali, J.1. This is an appeal from a judgment of the High Court of Bengal, dated the 14th of March 1906 reversing a decision of the Subordinate Judge of Tipperah; and the only point for determination turns upon the construction of a document executed in 1868 by two brothers, Krishna Kishore Chowdhuri and Naba Kishore Chowdhuri, subject to the Dayabhaga School of the Hindu Law, by which they purported to provide for the permanent devolution of their respective properties in the direct male line, including adopted sons, with the condition that in case of failure of lineal male heirs in one branch the properties belonging to that branch should go to the other, subject to the same Rule; and only in the absence of male descendants in the direct line in either branch were the properties to go to female heirs or their descendants.2. Krishna Kishore died in June 1868, leaving him surviving, besides a son named Ananda Kishore and a daughter Durga Sundari, his brother Naba Kishore and their ...
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