Mumbai Court January 1919 Judgments
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Raghubar Dayal Vs. the Bank of Upper India, Ltd.
Court: Mumbai
Decided on: Jan-31-1919
Reported in: (1919)21BOMLR481
Viscount Haldane, J.1. If this was a difficult case their Lordships would take time before formulating their report.2. But the case appears to them to be one of no difficulty. Section 153 of the Indian Companies Act provides that-Where a compromise or arrangement is proposed between a company and its creditors, or any class of them, or between the company and its members or any class of them, the Court may, on the application in a summary way of the company, or of any creditor or member of the company, or, in the case of a company being wound up, of the liquidator, order a meeting of the creditors, or class of creditors, or of the members of the company, or class of members, us the case may be, to be called, held, and conducted in such a manner as the Court directs. 3. Then by the second part of the section:-If a majority in number representing three-fourths in value of the creditors, or class of creditors, or members or class of members, as the case may be, present either in person or...
Hanmant Apparao Deshpande Vs. Ramabai Hanmant Meghashyam
Court: Mumbai
Decided on: Jan-30-1919
Reported in: AIR1919Bom38; (1919)21BOMLR716
Basil Scott, C.J.1. The question in this appeal is whether the appellants are entitled to a fourth share of a cash allowance belonging to the descendants of Atmaram, Malhar and Meghashyam, the sons of Tukopant. The three branches of Tukopant's family were entitled each to one-third share of the Vatan property, and the plaintiffs' ancestor sued in 1864 to recover his proportionate share of the Vatan. In the course of the suit an agreement, Exhibit 44, was passed by the defendant to the plaintiffs in which the plaintiffs' father's right to a third share in certain lands was recognised, and also his right to a quarter share in the cash allowance of Rs. 68.2. The learned Judge holds that the share in the cash allowance was paid according to the agreement from 1865 to 1880, but it does not appear to have been paid after that date. The question of limitation did not arise in the lower appellate Court as that had been decided in favour of the plaintiffs by the trial Judge who held that Articl...
Hanmant Apparao Deshpande and ors. Vs. Ramabai Hanmant Meghashyam
Court: Mumbai
Decided on: Jan-30-1919
Reported in: 51Ind.Cas.954
1. The question in this appeal is whether the appellants are entitled to a fourth share of a cash allowance belonging to the descendants of Atmaram, Malhar and Meghashyam, the sons of Tukopant. The three branches of Tukopant's family were entitled each to one-third share of the Vatan property, and the plaintiffs' ancestor sued in 1864 to recover his proportionate share of the Vatan. In the course of the suit an agreement, Exhibit 44, was passed by the defendant to the plaintiffs in which the plaintiffs' father's right to a third share in certain lands was recognised, and also his right to a quarter share in the cash allowance of Rs. 63.2. The learned Judge, holds that the share in the cash allowance was paid according to the agreement from 1865 to 1880, but it does not appear to have been paid after that date. The question of limitation did not arise in the lower Appellate Court, as that had been decided in favour of the plaintiffs by the trial Judge, who held that Article 131 of the L...
Ambalal Bapubhai Gujarati Vs. Narayan Tatyaba Bhosale
Court: Mumbai
Decided on: Jan-29-1919
Reported in: (1919)21BOMLR698; 51Ind.Cas.924
Shah, J.1. The words 'where a mortgagee has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage,' in Order XXXIV, Rule 14, of the Civil Procedure Code, mean that the decree should relate to the payment of money in satisfaction of a claim arising under the mortgage, i.e., mortgage independent of the decree. It can have no application where the charge or the mortgage is created by the decree and where the direction as to payment of money is in no sense in respect of a claim arising under the charge or the mortgage. Shah J. 1. In consequence of the difference of opinion between the learned Judges who heard this appeal, the following question has been referred to me under Section 98 of the Code of Civil Procedure :--What is the correct construction of the decree 1 Does it give the decree holder the right to bring the property charged to sale in execution proceedings 2. The decree in question was passed by consent on the Original Side of this Cou...
Ali Mahomed Eid Vs. Fatima Mahomed Ebrahim
Court: Mumbai
Decided on: Jan-28-1919
Reported in: AIR1919Bom37; (1919)21BOMLR713; 51Ind.Cas.968
Basil Scott, C.J.1. This is a claim by a divorced wife of a Mahomedan who has married again for the maintenance expenses of her minor daughter by the first husband. The Courts at Aden have awarded the sum of Rs. 20 a month calculated according to the cost of living at Aden for maintenance for a period from the 20th April 1913 to the 20th October 1917. The latter date is the date up to which the plaintiff continued to have custody of her daughter. The earlier date is the date upon which the defendant's mother-in-law died who had under an agreement with the defendant undertaken to support the daughter. Between the two dates covered by the Court's decree the only custodian of the child was her natural mother. It is laid down in Emperor v. Ayshabai (1004)6 Bom. L.R. 536 that 'according to the Mahomedan Law a mother is entitled to the custody of her children even where she has been divorced by her husband, but that does not relieve the father from the obligation of maintaining the children....
Vasudev Vishnu Hasabnis Vs. Gopal Parashram Kulkarni
Court: Mumbai
Decided on: Jan-27-1919
Reported in: (1919)21BOMLR687; 51Ind.Cas.924
Shah J. 1. In this appeal in consequence of the difference of opinion between the learned Judges who heard the appeal the following question has been referred to me under Section 98 of the Code of Civil Procedure:--Is the application or is it not time-barred under Article 181 of the Schedule to the Limitation Act, the application being regarded as one to extend time for the payment of the mortgage debt! 2. The few facts connected with this question are these : On the 17th of January 1907 the plaintiff obtained a decree in a redemption suit in these terms.--'The plaintiff do within six months from this day pay a sum of Rs. 391-13-0 and the defendant No. 1's costs of the suit to the defendant No. 1 and recover possession of the property in suit, In the event of the plaintiff failing to pay the moneys as stated above, the defendant No. 1 may apply for obtaining relief under Section 15B of the Dekkhan Agriculturists' Roliof Art....The defendant No. 1 do take in lieu of interest the income ...
Emperor Vs. Behramsha Ratanji
Court: Mumbai
Decided on: Jan-24-1919
Reported in: (1919)21BOMLR742
Heaton, J.1. We are much obliged to the Government Pleader in this case for the pains he has taken to make us acquainted with the prosecution view of the matter. He was not originally instructed to appear, but the Magistrate's judgment presented so much difficulty to us that we asked him to look into the papers of the case and put before us the case for the prosecution.2. That case appears to be this: Accused No. 1, who is a trader in Ahmedabad, finding that the price of petrol had risen in February 1918 and being anxious to make a profit out of this rise in price, took to dealing in petrol. He had himself no license either for the import or transport or possession of petrol. So he entered into an arrangement with Cama Brothers, of whom accused No. 2 is a representative, that they were to receive for him and store for him the petrol that was sent to Ahmedadad to his name. Thereafter he sold some petrol of his that was in the custody or possession of Cama Brothers. He also imported from...
Behramsha Ratanji and anr. Vs. Emperor
Court: Mumbai
Decided on: Jan-24-1919
Reported in: AIR1919Bom143; 52Ind.Cas.489
Heaton, J.1. We are mush obliged to the Government Pleader in this case for the pains he has taken to make us acquainted with the prosecution view of the matter. He was not originally instructed to appear, but the Magistrate's judgment presented so much difficulty to us that we asked him to look into the papers of the case and put before us the case for the prosecution.2. That case appears to be this: Accused No. 1, who is a trader in Ahmedabad, finding that the price of petrol had risen in February 1918 and being anxious to make a profit out of this rise in price, took to dealing in petrol. He had himself no license either for the import or transport or possession of petrol. So he entered into an arrangement with Cama Brothers, of whom accused No. 2 is a representative, that they were to receive for him and store for him the petrol that was sent to Ahmedabad to his name. Thereafter he sold some petrol of his that was in the custody or possession of Cama Brothers, He also imported from...
Seth Ghunsham Das Vs. Uma Pershad
Court: Mumbai
Decided on: Jan-23-1919
Reported in: (1919)21BOMLR472
Ameer Ali, J.1. These five consolidated appeals from a judgment and decrees of the Court of the Judicial Commissioner of the Central Provinces arise out of five suits brought in the Court of the District Judge of Jubbulpore by one Chandmal since deceased. The appellants before the Board are his representatives. The object of the suits in each case was to set aside certain orders for attachment before judgment obtained by a number of creditors of one Dhanroopmal who, the plaintiff alleged, had already conveyed to him by an usufructuary mortgage the properties attached, in consideration of a debt owing to him from Dhanroopmal. The creditor-defendants on the other hand alleged that the mortgage in question was executed in collusion with the plaintiff as a device to defeat the claims of Dhanroopmal's creditors and to retain the properties wholly or partly for the benefit of Dhanroopmal or his family.2. The District Judge before whom the suits came for trial in the first instance held that ...
The Tata Industrial Bank, Limited Vs. Rustomjee Byramjee Jeejeebhoy
Court: Mumbai
Decided on: Jan-20-1919
Reported in: (1920)22BOMLR849; 57Ind.Cas.957
Basil Scott, Kt., C.J.1. This is an appeal from a judgment of Mr. Justice ' Kajiji delivered on an Originating Summons taken out for the determination of the question whether the plaintiffs or one of them are or is not entitled to specific performance of so much of the contract of the 10th of December 1917 as the defendants can perform and compensation in money for the deficiency. The defendants are the present trustees of the Jeejeebhoy Dadabhoy Charity Fund, and as such trustees are the owners of an immovable property in Meadows Street, for the sale of which at the price of Rs. 7,41,000 they have obtained the sanction of the Court. The agreement between the defendants and the plaintiffs is contained in two letters of the 10th of December 1917. The first is an offer by the defendants, the material passages in which are:Our clients have agreed to sell to you their property at Meadows Street containing by admeasurement 1482 Sq. Yds. or thereabouts of quit and ground rent tenure bearing ...
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