Mumbai Court May 1914 Judgments
Jalandhar Thakur Vs. Jharula Das
Court: Mumbai
Decided on: May-26-1914
Reported in: (1914)16BOMLR845
John Edge, J.1. The appellants here are the heirs and legal representatives of one Bhaiaji Thukur, now dead, who was the plaintiff in the suit in which this appeal has arisen. Bhaiaji Thakur was a Shebait of an ancient temple of Mahadeoji, called The Singheswar Temple, which is situate in Mawza Gouripur, otherwise Singhuswarpur, in the district of Bhagalpur. Bhaiaji Thakur became a Shebait of the Temple on the death in 1900 of one Musammat Grihimoni who was the widow of one Pratipal Thakur. Pratipal Thakur had been a Shebait of the Temple, and until Ins death had been, as such Shebait, entitled to receive a 3 1/2 annas share of the daily surplus income from the offerings to, after defraying the expenses of, the Temple; on his death his widow, Musammat Grihimoni, succeeded to his Shebaitship and accordingly became entitled to receive the same share of the daily surplus income from the offerings. The right to such 3 1/2 annas share came to Bhaiaji Thakur on the death of Musammat Grihimon...
Tag this Judgment!Annie Besant Vs. G. Narayaniah
Court: Mumbai
Decided on: May-25-1914
Reported in: (1914)16BOMLR625
Parker of Waddington, J.1. This is an appeal from an order made by the High Court of Madras in its appellate jurisdiction on the 29th October 1913 confirming with a variation as to costs a decree of Mr. Justice Bake well in a suit in which G. Narayaniah (the present respondent) was plaintiff and Annie Besant (the present appellant) was defendant. The decree declared that J. Krishnamurti and J. Nityananda, the sons of the plaintiff, were wards of Court and that the plaintiff was guardian of their persons, and ordered the defendant to hand over the custody of the wards to the plaintiff as such guardian.2. The facts which gave rise to the action were as follows :- The plaintiff is a Hindu residing at Madras. Ha is a Brahmin but is not well off, having an income of some 160/. per annum only. He was for many years a member of a society called the Theosophical Society, of which the defendant was president, and was well acquainted with her. He had two sons, Krishnamurti and J. Nityananda, bor...
Tag this Judgment!Maha Prasad Singh Vs. Ramani Mohan Singh
Court: Mumbai
Decided on: May-19-1914
Reported in: (1914)16BOMLR824
Moulton, J.1. In this case their Lordships have to deal with three consolidated appeals from decrees of the High Court of Judicature at Fort William in Bengal, arising out of a mortgage suit filed in the Court of the Subordinate Judge at Bhagalpur in Bengal. The first and principal appeal is from the decree of the Subordinate Judge enforcing the mortgage, which was affirmed on appeal by the High Court. Subsequently to making that decree the Subordinate Judge 8ima made two orders varying the same, both of which were on appeal set aside by the High Court. From these two orders of the High Court appeals have been brought by the respondents to the main appeal, and they constitute the second and third of the consolidated appeals.2. The mortgage bond, to enforce which the action was originally brought, was a bond for Rs. 3,50,000, dated the 21st December 1896, in favour of Babu Suraj Narayan Singh, the father of the principal respondent, and secured on lands situated in the Sonthal Parganas ...
Tag this Judgment!Raghunath Das Vs. Sundar Das Khetri
Court: Mumbai
Decided on: May-18-1914
Reported in: (1914)16BOMLR814
Parker, J.1. The action in which this appeal arises is an action for the recovery of a leaseho colliery. The plaintiffs (the present appellants), claimed title to the property under the Official Assignee in the solvency of the lessees. The order vesting the property in such Official Assignee was made under the Insolvent Debtors (India) Act, 1848, on the 8th September 1904. At the date of this order the colliery had been attached in execution case No. 303 of 1904, in which the lessees were the judgment debtors and the defendants (the present respondents) were the judgment creditors, and an order had been obtained for the sale of the interest therein of the judgment debtors. Counsel for the respondents admitted that attachment in execution of a money decree followed by such an order for sale does not confer on the judgment creditor any charge on the land (see Sarkics v. Mussumat Bandho Baee (1869) 1 N.W.P.H.C.R. 172. An attachment prevents and avoids any private alienation, but does not ...
Tag this Judgment!Shoharat Singh Vs. Musammat Jafri Bibi
Court: Mumbai
Decided on: May-18-1914
Reported in: (1915)17BOMLR13
Parker, J.1. The questions which arise for decision on this appeal are substantially questions of fact only. Was Muhammad Kazim ever married to Achchhi Bibi, and if so, when, and were there any children of the marriage There is no doubt that Muhammad Kazim left three daughters by Achchhi Bibi him surviving, of whom the plaintiff was the youngest, and that those three daughters, if legitimate, were entitled to succeed to his property as co-heirs. But the defendants to the action (the now appellants) allege that they were illegitimate, or alternatively that if the plaintiff was legitimate, so also were her sisters, so that the plaintiff was entitled to succeed to one-third only of her father's property, The plaintiff (the now respondent) alleges on the other hand that although her father and mother lived together as man and wife for many years they were married about 1 1/2 years before she was born and not earlier, that she therefore was his only legitimate child.2. The plaintiff tendere...
Tag this Judgment!Sheo Shankar Ram Vs. Musammat Jaddo Kunwar
Court: Mumbai
Decided on: May-12-1914
Reported in: (1914)16BOMLR810
Moulton, J.1. This is an appeal from a judgment 1914 and decree of the High Court of Judicature of the North-Western Provinces, Allahabad, which reversed a decree of the Court of the Subordinate Judge of Ghazipur. The matter in issue is whether the plaintiffs or some of them are entitled to redeem the mortgaged properties in suit, or whether they are bound by certain foreclosure decrees dated the 27th of March 1895, which were followed by orders absolute dated the 3rd of April 1897, upon which possession was taken in August 1897.2. So far as is necessary to make clear the question in issue, the facts of the case are as follows. The first and principal respondent, Musammat Jaddo Kunwar, was the mortgagee of certain properties under a mortgage dated the 16th September 1887, and of certain other properties by a mortgage of 6th January 1891. In 1895 she brought suits to foreclose those mortgages. But in the interval, Hira Ram and Dhundha Ram, members of a joint Hindoo family, had acquired ...
Tag this Judgment!Bijraj Nopani Vs. Sreemutty Pura Sundary Dassee
Court: Mumbai
Decided on: May-11-1914
Reported in: (1914)16BOMLR796
Moulton, J.1. This is an appeal in a suit brought by the respondent against the appellants for a declaration of her title to an equal undivided half part or share in a certain house and premises known as 8, Sobharam Bysack's Street, Calcutta, and for recovery of the premises from the appellants, in whose possession they were at the commencement of the suit, with an inquiry as to mesne profits. The facts of the case, so far as they are material, are not now in dispute and are as follows :-2. The house and premises originally belonged to Premchand Bysack, who died on the 13th June 1886, leaving a will dated 25th October 1884. By his will the said testator devised and bequeathed the said house and premises 'to his daughter Katyani Dassee and her heirs absolutely,' subject to two charges of 20 rupees per month, payable to two of his daughters-in-law and their children as and for periods specified in the will. He appointed as executors Shambhoo Nath Byzack (the husband of his daughter Katya...
Tag this Judgment!P.C.E. Paul Vs. William Robson
Court: Mumbai
Decided on: May-11-1914
Reported in: (1914)16BOMLR803
Moulton, J.1. The action in which the present appeal is brought is an action in which the appellants sued the respondents for infringement of certain rights of light possessed by them in connection with premises known as 7, Esplanade, East, Calcutta, of which they owned the freehold. The respondents had erected a building known as 8, Esplanade, East, Calcutta, lying to the east of the appellants' premises, and so situated that the western walls of the respondents' buildings were parallel to and at a distance of 17 feet from the eastern wall of the appellants' building. The ground on which the respondents' building was erected had for more than twenty years previously been occupied by much lower buildings, and it is conceded that the appellants had acquired rights of light thereby for the windows on the east side of their premises. The new buildings of the respondents greatly exceed in height the former buildings upon the site and decreased the amount of light coming to the eastern wind...
Tag this Judgment!Rai Dwarka Nath Sarkar Bahadur Vs. Haji Mahomed Akbar
Court: Mumbai
Decided on: May-07-1914
Reported in: (1915)17BOMLR5
Parker, J.1. This was a partnership action instituted by the legal personal representatives of a deceased partner against the surviving partners. By the decree dated 31st May 1906, as varied by the order of the High Court dated 26th March 1907, it was directed that a Commissioner be appointed for the purpose of taking the accounts therein referred to, being the usual partnership accounts. The Commissioner made his report on the 14th August 1907 and various objections to it were filed. On the 24th September 1907 the Subordinate Judge overruled these objections and confirmed and gave relief on the footing of this report. The order of the Subordinate Judge was appealed. On such appeal two points were decided by the High Court. In the first place such Court decided that the report of the Commissioner was unsatisfactory and that the accounts as taken by him were not properly taken or supported by proper evidence and must be investigated afresh. In this respect, after careful consideration, ...
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