Mumbai Court July 1927 Judgments
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V.E.A.R.M. Firm Vs. Maung Ba Kyin
Court: Mumbai
Decided on: Jul-01-1927
Reported in: (1927)29BOMLR1481
Viscount Dunedin, J.1. In September, 1920, one Po Hla, who was proprietor of certain real property, executed a mortgage of that property in favour of Upe for Rs. 10,000. At the same time, he also executed a promissory note in favour of Upe for Rs. 5,000, and what has been said in the judgments below may be anticipated by saying that it has been found that these transactions were quite genuine transactions and represented a mortgage and a promissory note executed for a real debt. Now time went on and inasmuch as interest had not been paid, when it comes to the critical date with which we shall have presently to do, the state of affairs was this, that these Rs. 10,000 and Rs. 5,000 respectively had with interest grown into a sum of Rs. 17,000, of which, of course, only part was under the mortgage and the other was merely an ordinary debt.2. Now in 1922, Po Hla executed a deed of: sale to Maung Ba Kyin and Ma Sein. Ba Kyin was the son of Upe, his creditor, and Ma Sein Ma Sein was the wife...
Burjor F.R. Joshi Vs. Ellerman City Lines Limited
Court: Mumbai
Decided on: Jul-01-1927
Reported in: AIR1928Bom113; (1928)30BOMLR145; 108Ind.Cas.477
Rangnekar, J.1. The plaintiff is an endorsee of a bill of lading dated August 1922, and has tiled this suit for damages against the defendants who are the owners of the steamer on which the goods comprised in the said bill of lading were shipped. The plaintiff's case is that the damage was due to the fact that the ship was not fit to carry the particular cargo in question, and the defendants failed to take proper care of the said goods, By an order made by the learned Chamber Judge two preliminary issues have been set down for trial. The issues are as follows :-(1) Whether notice in writing of his claim subject to this suit is given to the defendants or their agents by the plaintiff referred to in para. 6 of the plaint as required by Clause 14 of the bill of lading ?(2) If the issue (1) is answered in the negative, whether the plaintiff is entitled to maintain the suit ?2. The plaintiff contends that notice of his claim in writing has been given and that is denied by the defendants. [H...
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