Mumbai Court March 1912 Judgments
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The Advocate General Vs. Rustamji B. Sunawalla
Court: Mumbai
Decided on: Mar-06-1912
Reported in: (1912)14BOMLR691
Russell, J.1. In this matter the Advocate General of Bombay presented a petition against R. B. Soonawalla, an advocate this Court, charging him with gross misconduct as an advocate.2. The effect of the petition is that in February and March 1911, the said R. B. Soonawalla defended twelve persons in the Sessions Court at Sholapur, who were charged with sedition etc; three were acquitted, the rest convicted and sentenced. Thereafter the said R. B. Soonawalla was engaged by Shankaramma Tamboli, the mother of one of the nine convicted persons, namely, Allabux Tamboli, to conduct his appeal and those of the other persons, for a round sum ultimately fixed at Rs. 350.3. Paragraph 4 of the petition sets out what R. B. Soonawall; was to do for that sum. Paragraph 6 of the R. B. Soonawalla' affidavit of the 17th October 1911, admits that it was arranget that he should take up the appeals for that sum under the conditions(a)to (e) in that paragraph, which we read at length Rs. 350 was paid to the...
Bai Kashi Vs. Jamnadas Mansukh Raichand
Court: Mumbai
Decided on: Mar-05-1912
Reported in: (1912)14BOMLR547
N.G. Chandavarkar J.1. The suit, which has led to this appeal, was brought by the appellant, Bai Kashi, for arrears of maintenance against Mansukh, alleging that she was his natra wife, by whom he had several children, but that he had expelled her from his house in 1901 and had refused to maintain her.2. The Subordinate Judge, First Class, at Ahmedabad, who tried the suit, has found upon the evidence that the appellant Bai Kashi, was a Brahmin widow, when she married the respondent Mansukh, a Shudra by caste, and that some time after marriage, both of them became converts to Christianity. The principal issue raised at the trial was whether the marri age was legal and valid. The Subordinate Judge found in the negative upon that issue, and, finding on some of the subsidiary issues also against the appellant, he has dismissed the suit.3. The Subordinate Judge's finding upon the evidence that the parties as a fact married according to the rites of Hindus, that at the time of marriage the a...
Shekh Adam Hasanali Vs. Chandrashankar Pranshankar
Court: Mumbai
Decided on: Mar-04-1912
Reported in: (1912)14BOMLR506
Chandavarkar, J.1. It is clear upon the terms of Ext. 67 that it cannot be regarded in law as a composition deed. All that appears from its recitals and terms is that the owner of the property transferred it to the trustees for the purpose of enabling those trustees to pay off his creditors. There is nothing whatever in the language of the deed to show that there was any composition, any settlement with the creditors that the debtor should pay less than he owed to them and that they agreed to accept that composition. The essential test of a composition deed is that there ought to be a compounding of debts due. Of that there is no trace whatever so far as the language of this document is concerned. It might be regarded as a conveyance or as a trust deed, 1. e., a trust made by the debtor for the purpose of enabling the trustee to pay off his creditors. From either point of view it was compulsorily registrable, and hot having been registered, it could not be admitted in evidence.2. On th...
Canji Cursondas Vs. the Colaba Press Company Limited
Court: Mumbai
Decided on: Mar-04-1912
Reported in: (1912)14BOMLR521
Beaman, J.1. The Court has been asked to try as a preliminary question of law requiring no evidence whether Article 50 of the defendant-Company is ultra vires. In answering the question, I cannot add to the words of Article 50 either of the Memorandum or of the Articles of Association because whether that Article should properly belong to the Memorandum or to the Articles of Association is one of the chief points in dispute. For the purpose of this preliminary argument it may be taken that the defendant-Company originated in the second partnership deed of 1858 and that when the Companys Act of 1866 was passed, that partnership petitioned to be registered as a Company with limited liability under that Act and the partnership agreement became, after registration, the equivalent of Memorandum and Articles of Association.2. The Article in dispute provides that where any proprietor wishes to dispose of his shares, he must notify the same to the other proprietors or the Board of Directors in...
Govind Balkrishna Joshi Vs. Pandurang Vinayak Joshi
Court: Mumbai
Decided on: Mar-01-1912
Reported in: (1912)14BOMLR323
Basil Scott, Kt., C.J.1. The action complained of by the plaintiff would be an assault and an offence affecting human body under the Penal Code. It also would be an assault under the English law : see Stephens v. Myers (J). We think also that it was an injury to the person within the meaning of Clause 35 Sub-clause (I) of the Second Schedule of the Provincial Small Cause Courts' Act, and the suit was, therefore, not within the cognizance of the Small Cause Court.2. We set aside the decree of the First Class Subordinate Judge and remand the case for trial to him.3. Rule made absolute.4. Costs costs in the cause....
Vithal Ramchandra Vs. Sitabai Sitaram
Court: Mumbai
Decided on: Mar-01-1912
Reported in: (1912)14BOMLR579
N.G. Chandavarkar, Kt. J.1. We must confirm the decree with costs. The objection raised to the admission, by the Court of appeal, of the receipt, Ext. 9 in appeal, is clearly unsustainable, because the record shows that that document had been produced in the Court of first instance, that its genuineness was admitted by the present appellant, but that the Court for some reason or other omitted to make it a part of the evidence. The lower appellate Court, therefore, was right in admitting it in evidence formally. It is urged, however, that the lower appellate Court's finding that the principal sum advanced was Rs. 400 and not Rs. 350 is bad in law because the question as to the amount of the principal is rest judicata by reason of a finding in a previous suit. That previous suit was, however, one which had been brought by the mortgagee for interest due the principal amount for certain years. The present suit brought on the mortgage contract, and the plaintiff prays ft relief by way of sa...
Gobind Balkrlshna Joshi Vs. Pandurang Vinayak Joshi
Court: Mumbai
Decided on: Mar-01-1912
Reported in: 15Ind.Cas.505
1. The action complained of by the plaintiff would be an assault and an offence affecting human body under the Penal Code. It also would be an assault under the English law : see Stephens v. Myers 4 Car & P. 349 : 34 R.R. 811. We think also that it was an injury to the person within (he meaning of Clause 35, Sub-clause (i) of the second Schedule of the Provincial Small Cause Courts Act, and the suit was, therefore, not within the cognizance of the Small Cause Court.2. We set aside the decree of the first class Subordinate Judge and remand the case for trial to him.3. Rule made absolute.4. Costs costs in the cause....
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