Mumbai Court September 1924 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Moti Ram Hari Vs. Emperor
Court: Mumbai
Decided on: Sep-15-1924
Reported in: AIR1925Bom195; 89Ind.Cas.527
1. * * * As to (1), objection was taken to Ex. 360, which is a certified copy of the judgment of the Sessions Judge, dated December 16, 1897, under which accused No.1, Motiram was convicted of dacoity under Section 395 of the Indian Penal Code and sentenced to three years rigorous imprisonment. It is clear, however, that this evidence was admissible under the rulings of this Court in Emperor v. Tukaram Malhari 15 Ind. Cas. 811 : 14 Bom. L.R. 373 : 13. Cr. L.J. 539. and of the Calcutta High Court in Bonai v. Emperor 9 Ind. Cas. 555 : 38 C. 408 : 15 C.W.N. 461 : 12 Cr. L.J. 97; and we see no reason to take a different view. But, as regards the weight to be attached to this piece of evidence, I think that the conviction was so long ago that it is useless except for showing that accused No. 1 is a person of criminal tendencies to theft who might be a member of the alleged gang. It certainly does not go to show that he had any habit of committing thefts in -the period under consideration, f...
Mukundchand Balia Vs. Sobhagmal Gianmal
Court: Mumbai
Decided on: Sep-10-1924
Reported in: AIR1925Bom79; (1924)26BOMLR1097; 85Ind.Cas.613
Lallubhai Shah, Ag. C.J.1. The plaintiff in this case carried on business in Bombay as a shroff and merchant and Kaccha and Pakka Adatia at the material time. The defendant resided and carried on business at Itchhavar within the territory of the Bhopal State under the name and style of Bagmal Gianmal and Sobhagmal Thanmal. As an up-country constituent the defendant did business in Broach and Bengal cotton through the plaintiff in Bombay. He employed the plaintiff as his Kaccha Adatia to do business for him in forward transactions in cotton. The transactions commenced in Samvat 1971, but we are not concerned with the transactions of the Samvat years 1971, 1972 and 1973 directly. In Samvat 1974, there were various forward transactions and Teji Mandi transactions carried out by the plaintiff on behalf of the defendant, and there was a certain sum due by the firm of Sobhagmal Thanmal to the plaintiff, which also was included in the agency account for the Samvat year 1974.2. The plaintiff f...
Raghavendra Gururao Naik Vs. Mahipat Krishna
Court: Mumbai
Decided on: Sep-10-1924
Reported in: AIR1925Bom244; (1925)27BOMLR178
Lallubhai Shah, Kt., Acting C.J.1. The facts which have given rise to this second appeal are these: On October 8, 1895, the father of defendant No. 2 executed a money bond for Us. 2,000 payable after five years in favour of one Shidhraj Desai. The present plaintiff and defendant No. 1 were sureties in respect of this debt. The principal debtor did not pay the debt nor did he acknowledge his liability to the creditor, and the claim against him became time-barred on October 9, 1903. The sureties, how- ever, paid one rupee as interest first on October 5, 1903, and then on October 1, .1906, Shidhraj sued the present plaintiff an(l defendant No. 1 on the bond in 1909, and obtained a decree against them, as the claim was kept alive by the payment of interest on two occasions before the expiration of the period of limitation. Thereafter ho recovered from the present plaintiff different sums on different occasions. It appears that in respect of certain sums realised from the plaintiff, he had ...
Hassanalli Degumiya Vs. Ruhulla Hamad
Court: Mumbai
Decided on: Sep-10-1924
Reported in: AIR1925Bom305
Kincaid, J.1. The facts of this case though the hearing has taken considerable time, are really not very complicated. They are shortly as follows: A certain Nanumiyan, a Musalman resident of Broach, had a daughter called Asha Begam. On January 12, 1912, he gave her certain property by a deed of gift. He, however, retained management of the property until his death in 1914. Thereafter Asha Begam assumed its management until her death in July l9l7. On April 14, 1917, she passed Exhibit 29, by which document she created a wakf of property worth Rs. 19,999 for the benefit of her deceased father Nanumiyan's soul in favour of her grand-father's mosque Gulamali Fozdar situated in Broach city. By the terms of the document she was to be Mutawali, during her life-time. On her death, her maternal uncle was to succeed as Mutawali, and after him his son Abasalli and others of his descendants. The income of this property was estimated at Rs. 900. Of this income she directed that Rs. 500, should be s...
Bai Noor Jan Bagam Vs. Hansraj Jethamal and Company and ors.
Court: Mumbai
Decided on: Sep-10-1924
Reported in: (1925)ILR49Bom208
Lallubhai Shah, Kt., Acting C.J.1. [His Lordship after stating the facts as above proceeded to deal with the point of law in the case as follows:]2. Defendant No. 2 has appealed to this Court from the orders passed by the lower appellate Court disallowing her contention; and in support of the appeals it is urged that both these mortgages should be taken really as practically one transaction constituting the mortgage within the meaning of Rule 14, that both the claims should be treated really as arising under the two mortgages, that, quite apart from the circumstance whether the claim arises under one mortgage or the other 'within the meaning of Rule 14, the plaintiffs really seek to bring to sale the property mortgaged in execution of decrees in respect of claims arising under the mortgages taking both the mortgages together. On the other hand it is urged that these two are distinct transactions, and that, as the Legislature has expressly limited the scope of Rule 14 to claims arising ...
Emperor Vs. Balkrishna Narhar Velhankar
Court: Mumbai
Decided on: Sep-05-1924
Reported in: AIR1924Bom486; (1924)26BOMLR978; 84Ind.Cas.254
Marten, J.1. This is an application in revision from the decision of the First Class Magistrate of Dhulia City convicting the two accused under Sub-section 451 and 426 of the Indian Penal Code, viz., for house-trespass in order to commit an offence and also with committing mischief, and he has imposed a fine of Rs. 30 on each of the accused in connection with these offences.2. Now this is not a case of house-breaking or of a criminal offence in the ordinary acceptation of the term. It is a dispute between two neighbours over what is alleged by the accused to be a party-wall belonging to himself and the complainant. The complainant in spite of a notice to the contrary had proceeded to erect an addition to this wall. The notice given by the accused warning him not to do so was given on March 11, 1924. On March 12, the complainant proceeded to add to the wall in order apparently to support a stair-case which he proposed to put up. The very same evening the accused pulled down that additio...
Vadilal Raghavji Vs. Maneklal Mansukhbhai
Court: Mumbai
Decided on: Sep-05-1924
Reported in: AIR1925Bom188; (1925)27BOMLR48
Marten, J.1. This is a first appeal from the judgment of Mr. K. J. Desai, First Class Subordinate Judge at Ahmedabad, dismissing the plaintiff's suit on the preliminary issues Nos. 1, 2, 4, 6, 7 and 8. In effect these preliminary issues are in the nature of what would have been in old days a demurrer to the plaintiff's case as pleaded in his plaint.2. The suit is one brought by the plaintiff on behalf of himself and all other shareholders in the defendant company except the first defendant and his nominees and those under his control. The first defendant is the manager and agent of the defendant company, or as the phrase runs in India, one of its Secretaries, Treasurers and Agents, and his firm was so appointed in the Memorandum of Association itself as is unfortunately often done in this Presidency.3. The charges brought against defendant No. 1 are based on fraud. Para 5 of the plaint alleges that the first defendant's firm as agents of the company have been guilty of frauds as therei...
- ‹ Prev
- 1
- 2
- Next ›