Mumbai Court March 1927 Judgments
Maung SIn Vs. Ma Tok
Court: Mumbai
Decided on: Mar-31-1927
Reported in: (1927)29BOMLR1014
Carson, J.1. The respondent, who is the wife of appellant, on September 30, 1916, obtained a decree in the District Court of Sagaing in terms of an award which had been previously made by which certain properties contained in a list attached to the award and the decree were to be left in possession of the appellant (defendant), who was to pay to the respondent (plaintiff) annually a sum of Rs. 2,000 in the month of Kason, or in default of payment of the same (Rs. 2,000 annually) the said property contained in the said list would be made over to the plaintiff-respondent. It appears that after the making of the decree the parties lived together until the year 1923, when they separated.2. On October 8, 1924, the respondent filed an application in the District Court of Sagaing for execution of the decree against the appellant in default of payment of two instalments of Rs. 2 000 each for the years 1923 and 1924 respectively, and claimed, as the judgment debtor failed to pay according to th...
Tag this Judgment!Vertannes Vs. Robinson
Court: Mumbai
Decided on: Mar-31-1927
Reported in: (1927)29BOMLR1017
Phillimore, J.1. The narrative in this case is to the following effect. Sarkies Vertannes was an Armenian Christian practising as a solicitor in Rangoon. In 1886 he made his will, and the material part is as follows:-This is the last Will and Testament of me Sarkies Vertannes of No. 68A, Halpin Road, in the town of Rangoon, British Burma. I do hereby appoint Mary my wife the sole executrix of this my will. I do hereby revoke all wills and dispositions heretofore made by me, and do publish and declare this to be my last will and testament. I give and devise and bequeath my three houses numbered respectively 68, 68A, 68B, in Halpin Road in the said town of Rangoon, together with land thereto belonging and all the out-offices and buildings standing thereon, and all my household furniture, carriage, horses, chattels and effects and all moneys and debts due and owing to me which I shall be possessed of at the time of my death unto my said executrix absolutely.2. He died in May, 1897. At tha...
Tag this Judgment!Mohanlal Maganlal Vs. Jivanlal Amratlal
Court: Mumbai
Decided on: Mar-30-1927
Reported in: (1927)29BOMLR928
Crump, J.1. This is an application under Section 25 of the Provincial Small Cause Courts Act. We are asked to hold in this case that the decree of the Small Cause Court of Ahmedabad is, to use the words of the section, not in accordance with law, and for that purpose we are invited to examine the facts of the case in order to decide whether the appreciation of the evidence in the Court below is correct or incorrect. It has 110 doubt been laid down in this Court in Nathuram Shivnarayan v. Dhularam Hariram I.L.R. (1920) 45 Bom. 292 22 Bom. L.R. 1199 that under Section 25 of the Provincial Small Cause Courts Act IX of 1887, the High Court can interfere on questions of fact, such at least is the first paragraph of the head-note to that report. But if the judgment in that case be read, it seems to be a clear inference that what the learned Judges meant to decide was that the High Court would only interfere upon a question of fact where the decision was so perverse or so obviously incorrect ...
Tag this Judgment!Jwaladutt R. Pillani Vs. Bansilal Motilal
Court: Mumbai
Decided on: Mar-29-1927
Reported in: AIR1927Bom560; (1927)29BOMLR1244
Amberson Marten, Kt., C.J.1. This is an issue under Order XXI, Rule 50, of the Civil Procedure Code, as to the liability of one Pillani in respect of a decree passed by myself on February 22, 1926, against the Wadia Woollen Mills Ltd. and Husseinbhai Pillani Wadia & Co. for Rs. 2,00,000 and interest at 8 1/4 per cent, per annum from April 3, 1924. Mr. Pillani disputed his liability on the ground that the liability in respect of which the decree was passed occurred after the date when he had retired from the second defendant firm, and that inasmuch as he had given public notice by advertisement in the Bombay Government Gazette and in four local newspapers, to wit, The Times of India, The Bombay Chronicle, The Bombay Samachar and The Sanj Vartman, he was not liable for the liabilities which the continuing partners incurred after the date of his retirement, For that purpose he relied on Section 264 of the Indian Contract Act. Mr. Justice Taleyarkhan decided this point against Mr, Pillani....
Tag this Judgment!Krishnamurthi Ayyar Vs. Krishnamurthi Ayyar
Court: Mumbai
Decided on: Mar-28-1927
Reported in: (1927)29BOMLR969
Viscount Dunedin.1. Ramakrishna Ayyar was a Hindu gentleman in possession of ancestral lands extending to some 135 acres. He was not living joint with any relative, and he was childless. On March 28, 1910, he made a will by which he disposed of his property roughly as follows :- 12 acres in charity; 44 acres to his wife for her life; 45 acres to the son of a distant connection, whom he designated as being his adopted son, the appellant in the present suit, and the rest to persons who were connections, but were in no case within the degrees entitled to maintenance, and who are the respondents in the present suit. After the death of the widow, part of the land which she held for life was to go to the appellant, and part to the respondents. On the same day, the natural father of the appellant executed a deed in the following terms :-The deed of consent for adoption executed on March 23, 1910, in favour of Ramakrishna Ayyar, son of Venkatacbala Ayyar, Brahman, Saivite and Mirasidar, residi...
Tag this Judgment!Mohanlal Maganlal Vs. Jivanlal Amratlal
Court: Mumbai
Decided on: Mar-26-1927
Reported in: AIR1927Bom454
Crump, J.1. This is an application under Section 25 of the Provincial Small Cause Courts Act. We are asked to hold in this case that the decree of the Small Cause Court of Ahmedabad is, to use the words of the section, not in accordance with law, and for that purpose we are invited to examine the facts of the ease in order to decide whether the appreciation of the evidence in the Court below is correct or incorrect. It has no doubt been laid down in this Court in Nathuram Shivnarayan v. Dhularam Hariram A.I.R. 1921 Bom. 407, that under Section 25 of the Provincial Small Cause Courts Act 9 of 1887 the High Court can interfere on questions of fact; such at least is the first paragraph of the head-note to that report. But if the judgment in that case be read, it seems to be a clear inference that what the learned Judges meant to decide was that the High Court would only interfere upon a question of fact where the decision was so perverse or so obviously incorrect in its nature as to amoun...
Tag this Judgment!Radha Binode Mandal Vs. Gopal Jiu Thakur
Court: Mumbai
Decided on: Mar-25-1927
Reported in: (1927)29BOMLR961
Lancelot Sanderson, J.1. These are consolidated appeals against two decrees of a Division Bench of the High Court of Judicature at Fort William in Bengal dated March 3, 1924.2. The first decree reversed a decree dated May 9, 1921, of a learned Subordinate Judge of Alipore, and the second varied a decree of another learned Subordinate Judge of that Court dated September 20, 1921.3. The decree of May 9, 1921, was made in suit No. 155 of 1919, and the decree of September 26, 1921, was made in suit No. 214 of 1919.4. The appellant to His Majesty in Council in both appeals is Radha Binode Mandal.5. The suit 155 of 1919 was instituted on July 26, 1919, by the plaintiffs (1) Sri Sri God Gopal Jiu Thakur and (2) Sri Sri God Shambu Nath Shib Thakur-represented by the shebait Narendra Nath Mandal. Radha Binode Mandal is the first defendant and there are nineteen other defendants.6. The shebait plaintiff, Narendra Nath Mandal, and the defendants are all members of the Mandal family of Bawali.7. T...
Tag this Judgment!Government of Bombay Vs. N.H. Moos
Court: Mumbai
Decided on: Mar-25-1927
Reported in: AIR1927Bom635; (1927)29BOMLR1450
Talyarkhan, J.1. [His Lordship after setting out the facts, proceeded :] In his application the claimant sets out seven grounds of objection to the award, which may be grouped together under the following heads, namely,-(i) That Government not being a 'person interested' within the meaning of Section 4(b) of the Land Acquisition Act they are not entitled to any portion of the compensation,(ii) That in any event the amount awarded by the Land Acquisition Officer to Government is excessive.(iii) That the Land Acquisition Officer ought to have added 15 per cent. not merely to the balance of the compensation after deducting the amount awarded to Government, but to the aggregate compensation namely, Rs, 82,260.6. The Government claim was valued by the Land Acquisition Officer on a particular basis. After the award was made a Divisional Bench of this Court laid down in Moos v. Government of Bombay : AIR1926Bom47 the principles on which Government claim for toka should be valued. If those pri...
Tag this Judgment!Emperor Vs. Dajiba Ramji Patil
Court: Mumbai
Decided on: Mar-22-1927
Reported in: (1927)29BOMLR718
Patkar, J.1. In this case, a complaint was filed by one Kouti on August 19, 1926, in which she complained that, while she was at her parents' house for delivery, all the accused conspired together to defraud her husband Devba and cheated him behind her back. On September 4, 1926, she made an application to the Magistrate that the complaint was not drafted properly and according to law, and hence it would not be of advantage to her to prosecute the complaint in those circumstances, and therefore permission be given to compound the offence under Section 345 of the Criminal Procedure Code and the Magistrate made an order acquitting the accused under Section 345, Criminal Procedure Code. On September 10, 1926, the present complaint was filed by the husband charging the accused with an offence under Section 417. The accused made an application to the trial Court that they were acquitted under Section 345 in the complaint of Kouti, the wife of the present complainant, and that the acquittal ...
Tag this Judgment!Dajiba Ramji Patil Vs. Emperor
Court: Mumbai
Decided on: Mar-22-1927
Reported in: AIR1927Bom410; 102Ind.Cas.549
Patkar, J.1. In this case, a complaint was filed by one Kouti on August 19, 1926, in which she complained that, while she was at her parents' house for delivery, all the accused conspired together to defraud her husband Devba and cheated him behind her back. On September 4, 1926, she made an application to the Magistrate that the complaint was not drafted properly and according to law, and hence it would not be of advantage to her to prosecute the complaint in those circumstances, and, therefore, permission be given to compound the offence under Section 345 of the Criminal Procedure Code and the Magistrate made an order acquitting the accused under Section 345, Criminal Procedure Code. On September 10, 1926, the present complaint was filed by the husband charging the accused with an offence under Section 417. The accused made an application to the trial Court that they were acquitted under Section 345 in the complaint of Kouti, the wife of the present complainant, and that the acquitta...
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