Court : Mumbai
Reported in : (1923)25BOMLR648
Ameer Ali, J.1. This is an appeal from a judgment and decree of the High Court of Allahabad, dated June 6, 1918, and arises out of a suit brought by the plaintiff Laltu Singh, since deceased, in the Court of the Subordinate Judge of Moradabad on September 13, 1913. The object of the suit was to set aside an alienation purporting to have been made for a religions or pious purpose by a Hindu lady of the name of Rani Kishore on January 8, 1876. The point involved in the determination of the appeal relates to the powers of a Hindu female on whom property devolves upon the death of the husband, son or father, as a limited estate, to alienate any part of the property for religious purposes. Rani Kishore was the widow of Raja Gur Sahai, who died in 1868 and was at the time of his death possessed of a considerable estate, yielding an annual income of some Rs. 60,000. He left two minor sons, both of whom died in infancy in 1873, five years after the death of their father. The property then devo...
Tag this Judgment!Court : Mumbai
Reported in : (1922)ILR46Bom272
Norman Macleod, Kt., C.J.1. This is an appeal from the decision of the Assistant Judge of Thana in Reference No. 5 of 1915. In 1910 a strip of land on the east side of the G.I.P. Railway between Kurla and Thana was notified for acquisition in order that the line might be widened. This reference refers to a portion of that strip situated in the Vikhroli village, and the lands in other companion References are all similar lands either in this village or in the village of Kanjur through which the line passes.2. The first question that arises on this appeal is whether the amount awarded by the Judge is insufficient and should be increased. [After having dealt with the evidence on this question the judgment proceeded:]3. With regard to the apportionment of the compensation in those cases in which the claimants had proved that they were in occupation of Bhati lands, in the proportion of one to the Khot and two to the occupant, the Khot claims to be entitled to the whole of the compensation, ...
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR47Bom102
Lallubhai Shah, Kt., A.C.J.1. In this case the original Order which is said to have been disobeyed, was made by the First Class Magistrate, Mr. Date. It appears that the present petitioner made an application to the District Magistrate for sanction under Section 195, Criminal Procedure Code, as an authority to which Mr. Date would be subordinate. The District Magistrate was of opinion that Mr. Date made his order as a First Class Magistrate, and that the Court to which he would be subordinate in that capacity would be the Sessions Court to which appeals from his decisions as a First Class Magistrate would ordinarily lie. On that ground the District Magistrate refused to entertain the application. We are not concerned with the application which the complainant subsequently made to the Sessions Court, nor with the result of that application. The present application is against the order of the District Magistrate ; and it is urged on his behalf that Mr. Date must be taken to have made his...
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Reported in : (1922)24BOMLR810
Lallubhai Shah, Acting C.J.1. In this case the original order which is said to have been disobeyed, was made by the First Class Magistrate Mr. Date, It appears that the present petitioner made an application to the District Magistrate for sanction under Section 195, Criminal Procedure Code, as an authority to which Mr. Date would be subordinate. The District Magistrate was of opinion that as Mr. Date made his order as a First Class Magistrate and that the Court to which he would be subordinate in that capacity would be the Sessions Court to which appeals from his decisions as a First Class Magistrate would ordinarily lie. On that ground the District Magistrate refused to entertain the application. We are not concerned with the application which the complainant subsequently made to the Sessions Court, nor with the result of that application. The present application is against the order of the District Magistrate; and it is urged on his behalf that Mr. Date must be taken to have made his...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR847; 75Ind.Cas.193
Mulla, J.1. This is a suit to recover Rs. 4,000 being brokerage alleged to be due from the defendant to the plaintiff.2. The plaintiff's case is that in December 1921 he was employed by the defendant as a broker to raise a loan of Rs. 2,00,000 on a mortgage of the defendant's property at Ripon Road. The terms of employment-as to which there is no dispute between the parties -were that the defendant should pay brokerage to the plaintiff at the rate of two per cent. on completion of the mortgage.3. The plaintiff says that he went and saw two or three persons about the loan and that eventually he saw Mr. Cama, who expressed his willingness to make a loan if the property was a substantial one. Mr. Cama, accompanied by the plaintiff, the defendant and the defendant's son, went and saw the property, and he eventually agreed to advance Rs. 2,00,000 on a first mortgage of the said property at interest at the rate of nine per cent. per annum free from income tax. Thereafter, on the 11th January...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR911
Lallubhai Shah, Acting C.J.1. It is necessary to state briefly the facts which have given rise to this second appeal. Certain property belonging to one Bapat, which may be described as the Kelghar property, was mortgaged by him to Paranjpe in 1890, Subsequently in February 1900 Bapat mortgaged the same property to the present plaintiffs (Joshi brothers) for Rs. 2,000, which included the sum of Rs. 1,200 to be paid by the Joshis to Paranjpe in respect of the first mortgage. The present plaintiffs mortgaged certain properties belonging to them and their interest as mortgagees in the Kelghar property for Rs. 4,000 to Paranjpe in April, 1900. The consideration was stated in detail, as including the sum of Rs. 1186-1-6, which was mentioned as being the amount due to Paranjpe under the mortgage by Bapat to him. This mortgage was renewed in 1906 in the same terms. In 1903 the Kelghar property was sold in execution of a money decree against Bapat and purchased by the Rodes; but it was subject ...
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Reported in : (1922)24BOMLR817
Lallubhai Shah, Acting C.J.1. This is an appeal from the order of Mr. Justice Kanga refusing to grant sanction which was applied for by the defendant in Suit No. 2600 of 1920. The sanction to prosecute was asked for in respect of a letter dated 16th October 1920 (Exh. E), which was said to have been forged and also in respect of a statement made by respondent No. 1 as regards the settlement of the July shipment which was a matter in dispute between the parties. It is not necessary for the purpose of this appeal to state in detail the facts relating to the suit. The suit was decided on the 9th August 1920, when it was conceded by the plaintiffs that there was a settlement in respect of the July shipment.2. An objection has been taken on behalf of the respondents that no appeal lies because the subordinate Court contemplated by Section 195, Criminal Procedure Code, is a Court other than a High Court and that therefore there could be no appeal under that section from the order of a Judge ...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR812
Lallubhai Shah, Acting C.J.1. This is a reference from the Presidency Small Cause Courts, Bombay, under Section 69 of the Presidency Small Cause Courts Act, The question referred to us is: 'Are Teji Mandi contracts to be held as being wagers on account of their apparent nature and characteristics alone without any other proof of the intentions of the contracting parties or is evidence necessary to prove that such contracts were intended to be wagers?'2. It appears from the terms of the reference that the learned Judge has felt some doubt on the point in view of the practice that is stated to be prevalent in the Presidency Small Cause Courts of treating such contracts as wagers without any farther proof that they are wagers. The learned Judge was of opinion that the practice was not justified and that in every case of such contracts as in every other case it must be proved whether the contracts were in the nature of wagers, that is, whether the common intention of the contracting partie...
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR820
Lallubhai Shah, Acting C.J.1. The plaintiffs sued the defendants in this case on what was described in the plaint as a protection note Exh. X 1 in the case. The defendants contested their liability under this document, and among the various defences the preliminary defence raised was that the document upon which the plaintiffs sued being unstamped, the suit was not maintainable. Upon the preliminary issue the trial Court decided in favour of the defendants, and dismissed the suit.2. The question in this appeal from the judgment of Mr. Justice Marten is whether the document in question is a 'policy of sea insurance' within the meaning of the Indian Stamp Act (II of 1899) or it is merely a 'letter of cover or engagement to issue a policy of insurance' within the meaning of the 'General Exemptions' relating to policies of insurance in Article 47 of Schedule I of the Indian Stamp Act. The learned trial Judge is of opinion that the unstamped memorandum Exh. X 1 falls within the exemption; a...
Tag this Judgment!Court : Mumbai
Reported in : (1923)25BOMLR643
Carson, J. 1. The question to be decided in this appeal arises out of an order on appeal made by His Majesty in Council dated December 19, 1913, which set aside an auction sale o-certain landed property held on July 27, 1904, in execution proceedings in the Court of the Subordinate Judge of Godda.2. The case before this Board is reported in L.R.41 IndAp 38.3. Rajah Thakoor Burma, since deceased, the predecessor-in-title of the appellants 1-5 (hereinafter referred to as the judgment-debtors) was the owner of a full sixteen annas share of a village called Patsanda. Ten of the said shares were encumbered and six were unencumbered, save that two bonds had been executed by the Rajah in favour of one Gobardhan Das and others, which purported to create a charge on a three annas share in the said mahal as security for the said Gobardhan Das for Rs, 23,965 and Ra 532.4. Six annas share of the encumbered property was attached for a judgment debt in execution of a decree obtained by the responden...
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