Mumbai Court December 1927 Judgments
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Konammal Vs. Annadana Jadaya Gounder
Court: Mumbai
Decided on: Dec-15-1927
Reported in: (1928)30BOMLR802
John Wallis, J.1. This litigation is concerned with the right of succession to the Jadaya Gounder Jaghir or Chinna Tiruppadi Hill Polliem, as it was formerly known, in the South Arcot District of the Madras Presidency. These ancient polliems in Southern India have always been held to be impartible, and this estate has now been included in the schedule of impartible estates to the Madras Impartible Estates Act II of 1904.2. It is therefore according to the definition in Section 2 of the Act 'an estate descendible to a single heir and subject to the other incidents of impartible estates in Southern India,' and the proprietor of the estate ia 'the person entitled to the possession thereof as single heir under the special custom of the family or locality in which the estate is situated, or if there be no such family or local custom under the general custom regulating the succession to impartible estates in Southern India.'3. This statutory definition would appear to be in entire accordance...
Benoy Krishna Mukherjee Vs. Satish Chandra Giri
Court: Mumbai
Decided on: Dec-15-1927
Reported in: (1928)30BOMLR815
Viscount Sumner, J.1. This is an appeal from three consolidated orders of the High Court, Calcutta, which varied orders of the District Judge of Hooghly by discharging so much of them as ordered a receiver to be appointed pendente lite of certain properties in dispute included in 'Class C.' The suit had been brought against the Mohunt of the temple of Tarakeswar, alleging his unfitness for his office, and praying for his removal, and for a declaration that certain lands, claimed to be his as lands were truly debaters lands belonging to the temple, with other relief. The District Judge made interlocutory orders or a receiver of three classes of property. Those as to which his receivership order was discharged had been in the Mohunt's possession and enjoyment for a considerable number of years, and were alleged by him in some eases to have passed to him under the will of his predecessor', who had acquired them as his property, and in others to have been purchased by himself out of person...
Emperor Vs. Dagdi Dagdya Bhil
Court: Mumbai
Decided on: Dec-13-1927
Reported in: (1928)30BOMLR342
Fawcett, J.1. The main facts in this case are that the accused Dagdi who is the petitioner before us, on August 13, 1925, made an application to the District Magistrate containing allegations of ill-treatment by the police and certain police patils in the course of a police inquiry. The District Magistrate examined her on this application, and she then stated that she could not give the names of the police-officers by whom she had been beaten for certain reasons. Subsequently, on September 5, 1925, she made a statement to a Sub-Divisional Magistrate, in which she alleged that a certain Sub-Inspector and a certain Head Constable had beaten her in this inquiry. A complaint was made ' against her at the instance of the Sub-Divisional Magistrate under Section 193, Indian Penal Code, on the ground that in the application and her statement of August 13, 1925, she said she could not give the names of those that had beaten and tortured her, whereas she had mentioned them in the statement she m...
Mahasukh Jhaverdas Vs. Valibhai Fatubhai
Court: Mumbai
Decided on: Dec-13-1927
Reported in: AIR1928Bom177; (1928)30BOMLR455
Madgavkar, J.1. After attachment and before sale, the judgment-debtor applied to be adjudicated insolvent. The question in this case is whether the attaching Court was bound under Section 52 of the Provincial Insolvency Act to adjourn the sale and direct the property to be delivered to the receiver, or, whether it was right in ordering the sale to proceed, proposing to pay over the sale proceeds only to the receiver. That question depends upon whether the words 'in the possession of the Court' used in Section 52 of the Provincial Insolvency Act include the process of attachment by the Court. We are of opinion that the effect of attachment of an immoveable property under Section 64 of the Code of Civil Procedure is that the property attached is kept in custodia legis during the period of attachment. Whether physical possession does or does not exist, is immaterial. It follows that the Court which attaches the property and purports to sell it is in possession within the meaning of Sectio...
Jewan Lal Daga Vs. Nilmani Chaudhuri
Court: Mumbai
Decided on: Dec-12-1927
Reported in: (1928)30BOMLR305
Buckmaster, J.1. Their Lordships have not had the advantage of hearing counsel for the respondent on this appeal, but they have carefully considered the relevant documents, the evidence, and the judgments both of the Subordinate Judge of Dhanbad and those delivered in the High Court of Judicature at Patna, and they think that the appellants are entitled to certain relief refused by the High Court. The only question now raised relates to the agreement for a mortgage dated February 5, 1921, and made between Kedarnath Daga, represented by the appellants, and the respondent, It is therefore unnecessary to consider the previous complicated transactions between the parties. The pleadings do not dispute that the purpose of this agreement was to arrange the terms upon which the respondent was to grant a mortgage of property, which had formerly been the subject of an agreement for sale and partnership between the parties. This is indeed made plain by the document which refers to the proposed pu...
Emperor Vs. Byramji Jamsetji Chaewalla
Court: Mumbai
Decided on: Dec-12-1927
Reported in: AIR1928Bom148; (1928)30BOMLR325; 108Ind.Cas.505
Fawcett, J.1. This is an appeal by Government against the acquittal of an accused person, who is charged with criminal breach of trust as a clerk under Section 408 of the Indian Penal Code. The charge against him was that he had committed criminal breach of trust in respect of a sum of Rs. 39,942-3-7. The Acting Chief Presidency Magistrate acquitted him on the ground that, in view of certain admissions of the complainant and some difference between the account, Ex. A, on which the prosecution relies and the accounts of certain merchants, it was evident that the charge of having misappropriated this exact amount of Rs. 39,942-3-7 could not stand. He goes on to say :-When such a general charge is made it is not legal for a Court to hold that though the accused cannot be held guilty of misappropriating such a large amount, the evidence does show that he has misappropriated at least a large sum though the Court cannot definitely say what that amount is.'2. He also says :-So that it is in m...
Mohanlal Kashinath Vs. Krishna Premji and Co.
Court: Mumbai
Decided on: Dec-08-1927
Reported in: AIR1928Bom170; (1928)30BOMLR415
Amberson Marten, Kt., C.J.1. This is an appeal from a judgment of Mr. Justice Kemp by the defendants who were the purchasers from the plaintiff, of 100 tons of steel baling hoops under a contract of August 17, 1925, providing for shipment in four lots, one in September, two in October and one in November 1925 or earlier. Out of those four lots we are not concerned with one, viz., the September lot. That was taken and paid for. As regards one of the October lots and as regards one other, objections were raised of late delivery. One objection was based on this that the force majeure Clause (No. 3) in the contract with reference to accidents etc. and giving a further time of twelve weeks, did not apply on the facts of the present case. That contention has not been persisted in in this Court.2. One other contention which was persisted in was that Clause 1 of the contract, which gave an extra fifteen days beyond the period stipulated thereunder, did not apply having regard to the express te...
Hiralal Chimanlal Vs. Gavrishankar Ambashankar
Court: Mumbai
Decided on: Dec-08-1927
Reported in: AIR1928Bom250; (1928)30BOMLR451
Madgavkar, J.1. The question in this appeal relates to the validity of the transfer of a house and twelve bighas of land of the deceased Ishvarlal Girdharlal, brother of the plaintiff-appellant, in favour of the defendant-respondent Gavrishankar. Both the lower Courts have upheld the respondent's title on the ground that as the deceased had transferred possession of the property prior to the document Exhibit 26, the latter did not require registration under Section 9 of the Transfer of Property Act, being made not as a deed of gift without consideration, but there being consideration in the shape of services rendered by the respondent to the deceased during his illness.2. For the purposes of this second appeal, we accept the facts as found above by the lower Courts, The deceased was suffering from consumption. During his last illness he was attended upon by the respondent Brahmin and his family. He transferred possession of the house in May 1922 and of the lands early in August 1922. H...
Seth Maganmal Vs. Darbarilal Chowdhry
Court: Mumbai
Decided on: Dec-06-1927
Reported in: (1928)30BOMLR296
Sinha, J.1. This is an appeal from a judgment and decree of the Court of the Judicial Commissioner of the Central Provinces, which reversed a judgment and decree of the Subordinate Judge of Damoh in a suit which was filed on December 11, 1916 in order to enforce a mortgage executed by the defendant on March 5, 1913.2. The case has been tried under peculiarly unsatisfactory circum-stances. The plaint was registered on January 2, 1917. No written statement was filed, but only oral statements of the pleaders on both sides recorded, and issues were framed on these. Lord Sinha The evidence was heard from time to time and at long intervals, and appears to have taken altogether a period of nearly three years. Judgment was pronounced by a Subordinate Judge who had not heard any of the -witnesses except two, and even of these one had been partly examined by his predecessor in office. The result is that in a case which entirely depends upon questions of fact, neither of the Courts dealing with t...
V.P.R.V. Chockalingam Chettyar Vs. E.N.M.K. Chettyar
Court: Mumbai
Decided on: Dec-06-1927
Reported in: (1928)30BOMLR788
Lancelot Sanderson, J.1. This is an appeal by the plaintiff against a judgment and decree, dated September 29. 1925, of the High Court of Judicature at Rangoon, which affirmed a judgment and decree of the District Court of Pegu, dated June 7, 1924, by which the plaintiff's suit was dismissed with costs.2. The suit was instituted in November, 1922, and thereby the plaintiff prayed for a declaration that he was the owner of the properties described in the schedule to the plaint, delivery of possession of the said properties, and mesne profits.3. The material facts were as follows:-4. An undivided Hindu Chetty family of Pallatur, in the Raminad district of Madras, carried on an extensive money-lending business under the style of the K.P. firm in different places, including Pegu, in Burmah-and one, K.P. Ramanathan Chetty, was the Karta or manager thereof.5. On February 10, 1906, the said K.P. Ratnanathan Chetty, as the manager of the joint family, executed a power of attorney in favour of ...