Mumbai Court November 1927 Judgments
P.C. Muthu Chettiar Vs. K.V. Meenakshisundaram Ayyar
Court: Mumbai
Decided on: Nov-29-1927
Reported in: (1928)30BOMLR261
Atkinson, J.1. This is an appeal against a decree of the High Court of Judicature at Madras, dated January 18, 1924, allowing an appeal from the judgment of the Subordinate Judge of Dindigul dated October 80, 1920. The suit was brought by the assignee of a mortgage dated January 28, 1911, for a mortgage decree for Rs. 21,532-8-6, During the pendency of the suit the defendants paid into Court Rs. 12,500. The Subordinate Judge made a decree for a further sum of Rs. 12,801-9-6, but on appeal the High Court held that by the payment into Court the mortgage was discharged, and made a decree accordingly dismissing the suit. Against the last-mentioned decree the plaintiff (hereinafter referred to as the appellant) has preferred this appeal, and the question in it is the rate of interest due under the mortgage.2. It is essential to examine closely the provisions of the two instruments upon which the appellant's title to relief purports to be based. The first of these is a hypothecation bond dat...
Tag this Judgment!Mahadu Rowji Kate Vs. Jijai Laxman Misal
Court: Mumbai
Decided on: Nov-29-1927
Reported in: (1928)30BOMLR443; 110Ind.Cas.120
Madgavkah, J.1. The question in this appeal is whether the plaintiffs-respondents are entitled to the removal of the dam A in the plan Exh. 106 made by the defendants-appellants so as to allow the plaintiffs-respondents the amount and flow of water which they enjoyed previously before the erection by the appellants of the dam A at their dam B lower down.2. The question has been complicated by an element which has no bearing on the legal rights of the parties. The stream has its origin in hills in the boundary of Bhambe, then divides or almost divides it from the boundary of Kushi and finally flows south-east through Kushi. The lands to the north of the stream in question are up to a certain point in the possession of the villagers from Bhambe to the north while those to the south are enjoyed by the villagers of Kushi. The struggle for water in the arid Deccan is, therefore, intensified by this village rivalry. But the question as to the exact boundary between the two villages and how f...
Tag this Judgment!Ardeshir Bhicaji Tamboli Vs. Great Indian Peninsula Railway
Court: Mumbai
Decided on: Nov-28-1927
Reported in: (1928)30BOMLR275
Cave, J.1. The appellant who is a commission agent carrying on business in the Bombay Presidency, delivered on February 5, 1920, 128 bales, and on February 7, 1920, 162 bales of cotton at the the Amalner station of the respondent company for transport to the appellant's business premises at Kurla. Of the 290 bales so delivred, 216 were duly put on board the respondent company's wagons and carried to Kurla, but the remaining 74 bales, together with a large number of bales belonging to other consignors, remained on the station platform at Amalner awaiting transport. On February 25, a fire broke out in some of these bales, and, the appliances available in ease of fire being inadequate, the greater part of the bales at Amalner station, including the 74 bales belonging to the appellant, were destroyed. Thereupon the appellant brought this suit against the respondent company, alleging that the destruction of the 74 bales was due to the negligence of the company's servants, and claiming damag...
Tag this Judgment!Sime, Darby and Company Limited Vs. the Official Assignee
Court: Mumbai
Decided on: Nov-28-1927
Reported in: (1928)30BOMLR290
Warrington, J.1. On June 10, 1925. Lee Pang Seng, the assignee of whose estate is the respondent to this appeal, transferred to the appellants, to whom he was largely indebted, a quantity of rubber as security for their debt. He was then unable to pay his debts as they became due from his own money. He was adjudged bankrupt on a petition presented within three months after the date of making the transfer. The question in this appeal is whether the transfer is to be deemed fraudulent and void as against the official assignee in the bankruptcy.2. In Singapore the matter is regulated by Section 51(1) of the Bankruptcy Ordinance, which is identical with the provision on the same subject in the English Bankruptcy Act.3. The result depends on the answer to be given to the question was the transfer to the appellants made 'with a view of giving them a preference over the other creditors' ?4. There is no doubt about the law; this has long since been settled as regards the effect of the English ...
Tag this Judgment!Vrajlal Jivandas Vs. Venkataswami Lingaya Sayana
Court: Mumbai
Decided on: Nov-28-1927
Reported in: AIR1928Bom123; (1928)30BOMLR402; 108Ind.Cas.794
Amberson Marten, Kt., C.J.38. This is an application by the successful appellants -plaintiffs, who are mortgagees, to vary the minutes of our order of September 5, 1927, as regards costs. The actual order that was made in our judgment was this :-I would accordingly allow this appeal, and set aside the order of Mr. Justice Mirza under appeal, and pass an order in terms of the notice of motion of April 8, 1927, together with such subsequent interest as may be due thereunder to the appellants. The respondents will pay the costs of the notice of motion throughout including the costs of this appeal.Now, if the notice of motion of April 8 be looked at, it will be seen that it asks that the balance in question should be payable out of the estate of the deceased come to the hands of the defendants. It also asks separately for the costs of 'this application and the order to be made thereon,' Stopping there that was the order that this Court made. In drawing up the order, however, in the office ...
Tag this Judgment!Khushaldas Gokaldas Vs. Chimanlal Kalidas
Court: Mumbai
Decided on: Nov-28-1927
Reported in: (1928)30BOMLR765
Viscount Sumner, J.1. [The following extracts from their Lordships' judgment only are material for this report.] It is also suggested that there is error on the part of the High Court, who failed to notice this date and gave judgment, as they should not have done, to that extent in favour of the defendants....2. Their Lordships are not obliged to allow these appeals because no one has been able to point out what was the actual admission or evidence which was before the High Court on the subject. that there was some admission or some such evidence, which justified them, is a reasonable assumption, because, first of all, if there was any slip, it was the duty of the defendants to have Called the attention of the Court to it, so that it might be corrected. Again, it was in their interest to have drawn attention Viscount to it when they applied for leave to appeal to His Majesty in council as they did some time afterwards in most voluminous and exhaustive terms, but there is no mention of ...
Tag this Judgment!Shamu Shripati Powar Vs. Babu Aba Kalwat
Court: Mumbai
Decided on: Nov-27-1927
Reported in: AIR1928Bom153; (1928)30BOMLR438; 110Ind.Cas.116
Madgavkar, J.1. The question in this appeal relates to the validity of the will made in 1917, by the plaintiff-appellant's father Raoji under which he purported to dispose of four properties-two properties B and D to his son the plaintiff-appellants, and two properties A and C to defendant No. 6, Dhondu, the sister of his deceased mistress, through whom the other defendants-respondents claim.2. All the four properties in the will along with fifth belonged originally to Jagoji. In 1878 Jagoji passed a registered document (Exh. 100) in favour of his two illegitimate sons Raoji and Sakharam. The plaintiff'-appellant contended that Raoji obtained these properties of Jagoji by survivorship and could not dispose of them by will. The respondents contended that they were in law the self-acquired properties of Jagoji with power in him to dispose of them by will, The parties, it is conceded, are Sudras.3. It is a curious defect in the cam that the pleadings and the evidence are silent as to the ...
Tag this Judgment!Emperor Vs. Mahomed Hasan Ghanchi
Court: Mumbai
Decided on: Nov-25-1927
Reported in: (1928)30BOMLR86
Fawcett, J.1. The Coroner of Bombay, in an inquest upon the deceased Ahmed, allowed the accused to make a statement after warning him that he was not bound to make any statement and that if he did so, it might be used against him in the High Court. The statement was taken on oath. Mr. Oliveira for the defence objects to this statement being put in evidence and relies upon the ruling of Mr. Justice Taraporewala in Emperor v. Kazi Dawood (1925) 28 Bom. L.R. 79. He contends that Section 19 of the Coroners' Act of 1871 makes it clear that the accused should not be examined on oath, as if he were a witness, because it enacts that 'the Coroner shall be bound to receive evidence on behalf of the party (if any) accused of causing the death of the deceased person', and does not mention any evidence being given by the accused himself. The statement having been made on oath is, he contends, inadmissible in evidence, in spite of the provisions of the last paragraph of Section 20 under which, for t...
Tag this Judgment!Bissessar Dass Daga Vs. Emmunuel Vas
Court: Mumbai
Decided on: Nov-24-1927
Reported in: (1928)30BOMLR243
Viscount Sumner, J.1. On November 5, 1923, two applications came on for hearing before the Additional District Judge of Nagpur in execution proceedings taken in Suit No. 4 of 1921. The first in date was that of the present respondents, defendants and judgment-debtors in the suit, for leave to deposit Rs. 28,649-2-9 to be paid over to the decree-holders, and for an order declaring the decree to have been thus fully satisfied. Tin other was that of the decree-holders for execution of their decree by seizure and delivery to them of certain manganese ore, alleged to be lying at several mines and railway sidings, and by the appointment of a receiver and other relief, The respondents, having got wind of the appellants' intention to apply to the Court, lodged their application first, but nothing turns on this. The learned Judge, holding that under the decree the judgment-debtors were entitled to take the course proposed, granted their application and held 1627 that the decree-holders were not...
Tag this Judgment!Martand Rao Vs. Malhar Rao
Court: Mumbai
Decided on: Nov-24-1927
Reported in: (1928)30BOMLR251
Sinha, J.1. This is an appeal against a judgment and decree, dated February 23, 1923, of the Court of the Judicial Commissioner, Central Provinces, reversing a judgment and decree, dated March 1, 1920, of the Court of the District Judge, Bhandara.2. The suit in which the said decrees were made was brought by the plaintiff, Malhar Rao, against his younger brother, Martand Rao, claiming that, on the death of their father, Madho Rao, he alone was entitled to succeed to the Amgaon Estate, situate in the Bhandara District of the Central Provinces, to the exclusion of his younger brother, on the allegation that by the terms of the grant under which the estate was held, and by a family custom and also by a territorial custom, the said estate was impartible and succession thereto was governed by the rule of lineal primogeniture, and that the younger brother was entitled to suitable maintenance only and not to any specific share in the estate.3. The pedigree of the family from its founder, Kolh...
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