Mumbai Court February 1927 Judgments
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P.D. Shamdasani Vs. S.M. Pochkhanavala
Court: Mumbai
Decided on: Feb-28-1927
Reported in: AIR1927Bom414; (1927)29BOMLR722
Fawcett, J.1. This is an application by Mr. P.D. Shamdasani for revision of an order passed by the Chief Presidency Magistrate, dismissing a complaint that he had filed against the directors, the secretary, the chief accountant and the accountant of the Central Bank of India, Ltd. This complaint charges them with having in 1925 and 1926 wilfully made, or caused to be made, false statements in the balance-sheets and Profit and Loss accounts of the bank, and so having committed offences under Section 282 of the Indian Companies Act of 1913. The learned Magistrate before issuing process had a notice of the complaint given to the respondents, and after taking some evidence and hearing the arguments of the parties has come to the conclusion that the applicant failed to make out a prima facie case. Accordingly he discharged the notice and dismissed the complaint. The alleged false statements were :-(1) In the balance-sheet as at June 30, 1925, under the heading 'Particulars required by Act V...
Narayan Pundlik Valanju Vs. Lakshman Daji Sirsekar
Court: Mumbai
Decided on: Feb-28-1927
Reported in: AIR1927Bom456; (1927)29BOMLR930
Patkar, J.1. In this case one Baya Bhavin executed a mortgage dated April 15, 1916, of the property in suit in favour of the defendant Narayan and his deceased brother Lakshman for Rs. 900. On Baya's death in 1921 the plaintiff purchased the equity of redemption from her sister Saguna on May 18, 1922, and brought the present suit for redemption. One of the defences set up by the mortgagee was that as Baya Bhavin acquired the property by prostitution, her sister Saguna was not the heir, and the property must escheat to the Crown, and that the plaintiff as purchaser from Saguna was not entitled to redeem. Both the lower Courts held that Saguna was the heir of Baya and allowed the plaintiff to redeem.2. It is argued by the learned pleader on behalf of the appellant mortgagee that Saguna is not the heir of Baya, who was a prostitute, on the ground that the sister according to the Vyavahara Mayukha could only inherit as a Gotraja Sapinda, and that Saguna was neither a Gotraja nor a Sapinda,...
Keshoram Poddar Vs. Nundo Lal Mullick
Court: Mumbai
Decided on: Feb-24-1927
Reported in: (1927)29BOMLR868
Viscount Dunedin, J.1. The appellant in this case is the tenant, and the respondent is the landlord of certain premises in Calcutta.2. The appellant was let into possession on June 1, 1920, as a tenant, but the rent payable was not then fixed, He remained in possession until March, 1923, and the question raised by the case is, what rent ought to be paid for that period of occupation.3. After the entry in June, 1923, the question of rent being mooted, the respondent demanded from the appellant rent at the rate of Rs. 4,500 per mensem, inclusive of taxes. The appellant conceiving that this demand was excessive, decided to avail himself of the provisions of the Calcutta Rent Act (Ben. Act III of 1920), which had come into force on May 5, 1920. By that Act, either the landlord or the tenant may apply to the Controllor of Rates, an officer appointed under the Act, to fix the standard rent. By Section 18 of the Act an appeal is given from his decision to the President of the Improvement Trib...
Emperor Vs. Chimanlal Maneklal
Court: Mumbai
Decided on: Feb-23-1927
Reported in: (1927)29BOMLR710
Patkar, J.1. In this case, a complaint was filed by the Octroi Superintendent of the Surat Municipality under Section 77(2) of the Bombay District Municipal Act III of 1901 against the petitioner alleging that on October 1, 1925, the petitioner took two parcels of goods from the Surat station to the town, but that he paid the dues for the price of one only, and thereby caused a loss to the Municipality of about Rs. 11.2. The accused's case was that he gave the true valuation at the station, that he thereafter delivered one of the parcels to one Chhaganlal Jhaverchand at the station, who took one of the parcels to Bardoli without taking it into the town, that he gave the valuation of one at the Naka (Delhi Naka), and that he never carried both the parcels to the town, and that he made proper payment at the Naka and had committed no offence under the section.3. The Bench Magistrate, 2nd Class, Surat, convicted the accused holding that there was sufficient evidence to prove that the accus...
Chimanlal Manekkal Vs. Emperor
Court: Mumbai
Decided on: Feb-23-1927
Reported in: 102Ind.Cas.345
Patkar, J.1. In this case, a complaint was filed by the Octroi Superintendent of the Surat Municipality under Section 77(2) of the Bombay District Municipal Act III of 1901 against the petitioner alleging that on October 1, 1925, the petitioner took two parcels of goods from the Surat station to the town, but that he paid the dues for the price of one only, and thereby caused a loss to the Municipality of about Rs. 11.2. The accused's case was that he gave the true valuation at the station, that he thereafter delivered one of the parcels to one Chhaganlal Jhaverchand at the station, who took one of the parcels to Bardoli without taking it into the town, that he gave the valuation of one at the Naka (Dalhi Naka), and that he never carried both the parcels to the town, and that he made proper payment at the Naka and had committed no offence under the section.3. The Bench Magistrates, Second Class, Surat, convicted the accused holding that there was sufficient evidence to prove that the a...
Ma Hnit Vs. Fatima Bibi
Court: Mumbai
Decided on: Feb-22-1927
Reported in: (1927)29BOMLR863
Darling, J.1. This appeal is from a decree of the High Court dated May 12, 1924, dismissing an appeal from a decree of the District Court of Magwe, dated May 22, 1922.2. The chief question in the appeal is whether the suit in which it is made was rightly dismissed as barred by the Indian Limitation Act.3. The appellant and her husband, U Po Ya, on August 6, 1907, advanced Rs. 10,000 to the first respondent, Fatima Bibi-then alleging herself to be the guardian of one Ali Hashim Mehter, her nephew, then a minor.4. The first respondent is a Mahomedan purdah-nashin woman, and borrowed this money through her agent and husband, Hamed Ibrahim Madari, and he at the same time executed on her behalf and was her constituted attorney as guardian of the minor, a mortgage of two oil wells, professedly belonging to the minor, in favour of the appellant and her husband to secure repayment of the money advanced with interest at the rate of one and a quarter per cent. per mensem.5. That the minor had no...
Banku Behary Chatterji Vs. Naraindas Dutt
Court: Mumbai
Decided on: Feb-22-1927
Reported in: (1927)29BOMLR850
Phillimore, J.1. This case involves two questions upon the Indian Limitation Act. One Sarat Chunder Dutt effected four mortgages upon his various properties. The first encumbered two properties only; the second and third encumbered the same two properties and thirty-four others; the fourth, which has given rise to the present appeal, encumbered all thirty-six and nominally at any rate, some three others.2. The fact that there ware these additional properties might in one view have some bearing upon the points to be decided, and the counsel for the respondents insisted upon them; but in their Lordships' view they are so shadowy and uncertain that they may be thrown out of consideration in the present case.3. The date of the fourth mortgage was December 21, 1900 the fourth mortgagee being the present appellant.4. In 1903 the mortgagor partly paid off the fourth mortgagee by assigning to him cartain mortgages valued at Rs. 35,000 in part satisfaction of his claim.5. In 1901 the first mort...
Gangi Reddi Vs. Tammi Reddi
Court: Mumbai
Decided on: Feb-22-1927
Reported in: (1927)29BOMLR856
Phillimore, J.1. This case turns on a question of fact. A member of the family of Reddi, whom it is convenient to call Gangi Reddi, was a merchant carrying on business at Cocanada. He died in April, 1917. He had two sons, one of whom predeceased him, leaving a son the present plaintiff The younger son and his son are the present defendants. There were also several daughters.2. Gangi Reddi made three wills asserting that his property was self-acquired property, and being such that he could dispose of by will. It has, however, been decided that his property is to be regarded as ancestral family property, and not such as he could dispose of by will.3. The younger son had assisted his father in his later years and was according to the will to be manager of the family property, and in fact he undertook to manage it and did so till this suit was brought on December 18, 1918. By it the plaintiff's claim to a half share of the entire family property was asserted and a partition was demanded.4....
Gangadhar Balvant Oke Vs. the Collector of Nasik
Court: Mumbai
Decided on: Feb-22-1927
Reported in: AIR1927Bom462; (1927)29BOMLR909; 103Ind.Cas.249
Fawcett, J.1. This is a suit relating to the village of Pimpalgaon-Bahula in the Nasik District. The plaintiff sues for a declaration against the Secretary of State that he has the right of receiving the income of two survey numbers in the village, Nos. 103 and 106, which are described as waste pasture land, and for a permanent injunction restraining the defendant from taking the income of the suit lands. His suit has been dismissed by the District Judge of Nasik and he appeals from that decision. Undoubtedly, the plaintiff has certain Inam rights in this village. The main dispute is as to the extent of those rights. I think the case really rests in a narrow compass. The plaintiff's case is based upon a Sanad that was issued to him, under Bombay Act II of 1863, in 1893. The contention is that, whatever may have been his rights under a certain adjudication by the Inam Commissioner in 1860, he has by virtue of that Sanad full Inam rights in this village, subject to the restriction that t...
P.D. Shamdasani Vs. the Tata Industrial Bank Ltd.
Court: Mumbai
Decided on: Feb-22-1927
Reported in: (1927)29BOMLR1093; 103Ind.Cas.731
Amberson Marten, Kt., C.J.1. We are here concerned with two items in two bills of costs, one of Messrs. Payne & Co., and the other of Messrs. Little & Co. Each of these items is for 'Instructions for Brief at the trial.' This arises under a judgment of Mr, Justice Pratt passed in the suit on December 14, 1923, when he dismissed the suit with costs and ordered that separate sets of costs as between defendant No. 1, the Tata Industrial Bank, and defendant No. 6, the Central Bank of India, Limited, be paid by the plaintiffs. Messrs. Little & Co. are the solicitors for the Tata Bank and Messrs. Payne & Co. for the Central Bank.2. The suit itself was one brought in effect to set aside an agreement between the two companies by which the Central Bank acquired the shares of the Tata Bank on the basis that one share in the Central Bank of Rs. 50 nominal and Rs. 25 paid up was to be given for every two Tata shares of Rs. 75 nominal and Rs. 22-8-0 paid up. The plaintiffs contended that the resolu...
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