Mumbai Court March 1926 Judgments
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Vaman Balvant Pophale Vs. Jagannath Govind Pophale
Court: Mumbai
Decided on: Mar-08-1926
Reported in: (1926)28BOMLR556; 95Ind.Cas.528
Norman Macleod, Kt., .J.1. We think the decisions of the lower Courts were correct, The plaintiffs sued to recover a half share in the commuted cash allowances belonging to a Kulkarni watan of which the parties were watandars. It is admitted that the Kulkarni watan service was commuted to a cash allowance of Rs. 111 a year. The plaintiffs belong to the junior branch of the family of Mahadev, who was originally the sole watandar. They claim that when the service ceased to be rendered and a reduced cash allowance was granted by Government, it was not granted to the representative watandar only and the members of the family in his branch. The defendant remained absent throughout the hearing, and no evidence was led on his behalf. It is difficult then to know on what his defence rested except his written statement, which is to the effect that the watan service continued in the elder branch, so that the elder branch was in effect the sole owners of the watan, and when the watan allowance wa...
Vaman Balvant Pophale Vs. Jagannath Govind Pophale and ors.
Court: Mumbai
Decided on: Mar-08-1926
Reported in: AIR1926Bom364
Macleod, C.J.1. We think the decisions of the lower Courts were correct. The plaintiffs sued to recover a half share in the commuted cash allowance belonging to a kulkarni vatan of which the parties were vatandars. It is admitted that the kulkarni vatan service was commuted to a cash allowance of Rs. 111 a year. The plaintiffs belong to the junior branch of the family of Mahadev, who was originally the sole vatandar. They claim that when the service ceased to be rendered and a reduced cash allowance was granted by Government, it was not granted to the representative vatandar only and the members of the family in his branch. The defendant remained absent throughout the heading, and no evidence was led on his behalf. It is difficult then to know on what his defence rested except, his written statement, which is to the effect that the vatan service continued in the elder branch, so that the elder branch was in effect the sole owners of the vatan; and when the vatan allowance was commuted,...
Sayad Daud Sayad Mahomed Vs. Mulna Mahomed Sayad and ors.
Court: Mumbai
Decided on: Mar-08-1926
Reported in: AIR1926Bom366
Macleod, C.J.1. We think the Subordinate Judge was right in holding that the Official Assignee in this case was a new plaintiff, and the insolvent who filed his suit four days after he had been adjudicated on his own petition in Bombay was incompetent to sue.2. After the vesting order, the whole of the insolvent's property passed to the Official Assignee by virtue of the Presidency Towns Insolvency Act. Consequently, nothing was left vesting in the insolvent which would give him a cause of action. It is true that an insolvent does not lose absolutely all interests in his property when he is adjudicated. He may, for instance, be able to settle with his creditors and get his property back. But the vesting order for the time being is paramount, and, even if an insolvent may eventually be entitled to what may remain as surplus after satisfying his creditors, it is perfectly clear that he cannot be allowed to take steps after he is adjudicated to recover his property. That would be opening ...
Bai Sona Vs. Bai Hiragavri
Court: Mumbai
Decided on: Mar-04-1926
Reported in: (1926)28BOMLR552; 95Ind.Cas.524
Norman Macleod, Kt., C.J.1. We think the judgment of the First Class Subordinate Judge was right. The question in dispute is whether a tenancy created by the lease, dated August 1,1913, was permanent so as to enure for the benefit of the defendant as heir of the deceased lessee Gulabram.2. The lease was constituted by a rent-note by which the lessee said :-This rent is duly to be paid by me to you month by month on the 1st day of English month. And as long as I go on paying rent to you according to this so long you will not be entitled to get this Makan or shop vacated, but if I fail to pay the rent in arrears and if the rent for six months remains in arrears (due) from me you are Malik Mukhtiar (entitled) to get the said Makan or shop vacated. 3. To my mind it is clear that a documant of lease couched in these words creates a permanent lease, that is to say, the lessee is entitled to remain in possession as long as he pays the agreed rent, and the lease must enure for the benefit of h...
Emperor Vs. Yeshvant Satva Chaugule
Court: Mumbai
Decided on: Mar-03-1926
Reported in: (1926)28BOMLR497
Norman Macleod, Kt., C.J.1. It is admitted by the Sessions Judge in his judgment that the common object of the unlawful assembly was not specified in the charge. The question then is whether the accused have been in any way prejudiced in their defence by that omission, or whether they have been misled in any way, so that a failure of justice has been occasioned. The Judge said :-It is alleged in the complaint that all the accused formed an assembly with the intention of obstructing the procession, and attacked the complainant and others with that intention, the Magistrate has recorded a finding that ' the evidence shows that the accused hud premeditated an attack, and hence were collected in a body near the house of accused No. 5 and on the road of the pro. cession.' I have gone through the record, and agree that the evidence does justify that finding. That being so, the defect in the charge, which does not appear to have prejudiced the accused in any way, does not vitiate the proceedi...
Yeshvant Satva Chaugule Vs. Emperor
Court: Mumbai
Decided on: Mar-03-1926
Reported in: AIR1926Bom314; 95Ind.Cas.72
Macleod, C.J.1. It is admitted by the Sessions Judge in his judgment that the common object of the unlawful assembly was not specified in the charge. The question then is whether the accused have been in any way prejudiced in their defence by that omission, or whether they have been misled in any way, so that a failure of justice has been occasioned. The Judge said:It is alleged in the complaint that all the accused formed an assembly with the intention of obstructing the procession, and attacked the complainant and others with that intention. The Magistrate has recorded a finding that the evidence shows that the accused had premeditated an attack, and hence were collected in a body near the house of Accused No. 5 and on the road of the procession. I have gone through the record, and agree that the evidence does justify that finding. That being so, the defect in the charge, which does not appear to have prejudiced the accused in any way, does not vitiate the proceedings : see Basiraddi...
M.P. Bharucha Vs. Wadilal Sarabhai and Co. and Maganlal C. Ghia
Court: Mumbai
Decided on: Mar-01-1926
Reported in: (1926)28BOMLR777
Viscount Dunedin,J. 1. In March, 1920, the second plaintiff in this case, Arajania, who is not a certified share-broker, and who describes himself as the sub-broker of the first plaintiff Bharucha, who is a certified share-broker, sold on the Bombay Stock Exchange to first defendant, Gora, one hundred and twenty-nine shares of a company called Alcock, Ashdown & Co., Ltd., for delivery on April 14, 1920, Neither of the two plaintiffs was the registered holder of any such shares. In order to make good the delivery the first plaintiff acquired the requisite number of shares in the market from various brokers, and took from these brokers blank transfers signed by the registered holders along with the corresponding certificates. These certificates and blank transfers were handed by the second plaintiff to the first defendant at 6 p.m. on April 14, At 8 P.M. a cheque for the sum due under the contract in favour of the first plaintiff was handed to the second plaintiff, This cheque was dishon...
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