Mumbai Court March 1917 Judgments
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Nimba Lotu Patil Vs. Motiram Uka Patil
Court: Mumbai
Decided on: Mar-15-1917
Reported in: AIR1917Bom234; (1917)19BOMLR635; 41Ind.Cas.223
Beaman, J.1. The plaintiff in this suit seeks to recover damages for the breach of a contract of sale of 122 maunds of cotton. The contract of sale was made on the 5th of January 1911 and the weighment was completed on the 9th of January 1911. The contract of sale was then ended by an express agreement that the payment of the price and delivery were to be postponed for two or three days and that on payment of the price delivery was to be effected by substituting the defendant's board for the plaintiff's. It is thus clear that on the 9th of January 1911 the contract was completed and the property in the goods had passed to the defendant. Within a few days, however, the Courts below find, that the defendant committed a breach of this contract to the plaintiff's knowledge. The rights of the parties in these circumstances are quite clear. The goods belonged to the defendant. The plaintiff had the choice of two remedies: either to bring a suit for the recovery of the price, the action being...
Dawal Piranshah Vs. Dharma Rajaram Manggarudi
Court: Mumbai
Decided on: Mar-14-1917
Reported in: AIR1917Bom203; (1917)19BOMLR622; 41Ind.Cas.273
Beaman, J.1. Speaking for myself I am in agreement with the contention of the learned pleader for the appellants touching the admissibility of the unregistered sale-deed of 1899. The point is one of some interest and considerable importance. Not only has it been the occasion of much discussion in the Calcutta High Court (see Narain Chander Chuckerhutty v. Dataram Roy I.L.R. (1882) Cal. 597 and Makhan Lal Pal v. Bunku Behari Ghose I.L.R. (1892) Cal. 623, F.B. but I believe it has already come up for consideration in this High Court on more than one occasion. Unfortunately I have not been able to come across the particular appeals in which this may have occurred. The point is this. In 1899 the plaintiffs allege the defendant sold to their father the land in suit by an unregistered sale-deed for the sum of Rs. 40 and at the same time delivered possession. Now, in the Courts below the evidence of the sale, wherever it was separable from the fact of possession, seems to have been principall...
In Re: Jivraj Dhanji
Court: Mumbai
Decided on: Mar-14-1917
Reported in: AIR1917Bom209; (1917)ILR41Bom580; 40Ind.Cas.701
Batchelor, J.1. This is a reference by the learned Third Presidency Magistrate before whom the Municipal Commissioner of Bombay had lodged a complaint against the accused to the effect that the accused was guilty of infringing the 4th bye-law in Chapter III of the bye-laws, framed by the Bombay Municipal Corporation. 2. The facts are not in dispute and are very clearly set out at the beginning of the learned Magistrate's reference. There is, therefore, no need to recapitulate them. On the facts stated and admitted the learned Magistrate was of opinion that the prosecution must fail on several points of law. But as these points seemed to the learned Magistrate to be involved in some obscurity, a reference to this Court was made.3. Alter argument on both sides I agree with the learned Magistrate that the prosecution must fail on one of the points of law to which the Magistrate has adverted. It is, therefore, unnecessary for me to consider the other points raised in the reference. 4. In m...
Raja Bahadur Motilal Shivlal Vs. the Poona Cotton and Silk Mfg. Co. Lt ...
Court: Mumbai
Decided on: Mar-12-1917
Reported in: AIR1917Bom151; (1917)19BOMLR602; 41Ind.Cas.246
Basil Scott, Kt., C.J.1. This is a mortgage suit instituted in this High Court by the present appellant against the mortgagor, the Poona Cotton & Silk Manufacturing Co. in liquidation, the Poona Bank, the second mortgagees and the Poona Swadeshi Company.2. On the 9th October 1915, leave was obtained from the Court for the plaintiff to proceed with this suit against the Company in liquidation. Subsequently, the liquidators applied to the Poona District Court in which the liquidation proceedings were going on for sanction to raise Rs. 25000 for costs of litigation on the security of the assets of the Company except the goods pledged to the plaintiff. On this application both the plaintiff and the second mortgagees contended that the sanction should not be given so as to affect their security as the ' assets ' would not include the interests in the property held by the mortgagees. The District Judge, however, on the 22nd November 1915, gave the liquidators the sanction and apparently deci...
Sahu Ram Chandra Vs. Bhup Singh
Court: Mumbai
Decided on: Mar-09-1917
Reported in: (1917)19BOMLR498
Shaw, J.1. This is an appeal from a judgment and decree of the Allahabad High Court dated the 26th May, 1913, which confirmed on an appeal the judgment and decree of the Subordinate Judge of Mainpuri dated the 29th February, 1912.2. The suit is brought to enforce a mortgage granted so far back as the 6th January, 1883, over, inter alia, one biswa zamindari share in Mauza Pendat, Pargana Mustaphabad. The mortgage was granted in favour of one Bhagirath. It was paid off by Earn Chandra, one of the defendants, in the course of an action brought by him to enforce a subsequent security granted over the same property. It appears from the judgment appealed from that the plaintiffs proceeded against the property comprised in their own mortgage and that the decree-holders purchased the property themselves. All this happened over twenty years ago. It is manifest from these facts that, in so far as the advance of 200 rupees was concerned, a claim for repayment of it as a simple debt would be long ...
Maharaja Manindra Chandra Nandi Vs. Raja Sri Sri Durga Prashad Singh
Court: Mumbai
Decided on: Mar-08-1917
Reported in: (1917)19BOMLR493
Parmoor, J.1. The only question raised in this appeal is whether, under the terms of kabulayat, the respondent is entitled to an enhanced rate of royalty from the appellant. The respondent is the Raja of Jherria and the village of Ekra is a portion, of his estate. His predecesaor-in-title, on the 20th October, 1898, granted the underground and coal-mining rights in the village of Ekra to the appellant. At that date the only railway-communication with the district was afforded by the line of the East Indian Railway Company, but a new route to Calcutta, to be constructed by the Bengal Nagpur Railway Company, was under consideration.2. The first clause of the said kabulayat, which fixed the royalty to be paid, was translated by the Subordinate Judge asThe royalty payable would be 3 annas per ton of steam coal, steam rubble, hard and soft coke and 1 anna 6 pies per ton of brickburning rubble and dust, raised and despatched or sold by me : Be it understood that in respect of all coals despa...
Dal Singh Vs. Emperor
Court: Mumbai
Decided on: Mar-02-1917
Reported in: (1917)19BOMLR510
Viscount Haldane, J.1. In this case the appellant was convicted of murder by the Sessions Court of Jubbulpore and was sentenced to death. The Court of the Judicial Commissioner of the Central Provinces heard an appeal and dismissed it and confirmed the sentence under the provisions of the Indian Code of Criminal Procedure.2. A petition for leave to appeal was presented to the King in Council. It was argued before this Board in support of the petition that the judgments in the Courts in India had been vitiated by an illegal and prejudicial use of the police diaries in the case and that the credibility of the witnesses had been thereby wrongly estimated. What had taken place, it was alleged, had led to such a miscarriage of justice as to bring the conviction within the exceptional class of cases in which His Majesty in Council will review the proceedings in a criminal trial in India.3. It is well settled that the unwritten principles of the Constitution of the Empire restrain the Judicia...
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