Mumbai Court January 1929 Judgments
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Appa Dada Patil Vs. Ramkrishna Vasudev Joshi
Court: Mumbai
Decided on: Jan-09-1929
Reported in: AIR1930Bom5; (1929)31BOMLR1187; 121Ind.Cas.581
Amberson Marten, Kt., C.J.1. This case involves a large number of interesting points which counsel have had some difficulty, not unnaturally, in dealing with. It is an unusual case on which specific authority is scanty; and at the outset a point arises which does not seem to have been taken in the Court below. The suit is in form a simple one, namely, by the plaintiff for the balance of an account in cross-dealings in goods and money between him and the thirteen defendants and some others, He pleaded, and it is a fact, that he deposited in the first instance a sum of Rs. 9,000 on August 16, 1918. Then followed sales and purchases by him through the defendants, the result of which was that by October 23, 1919, Rs. 5,552 were due to him.2. I have said 'defendants', but therein lies one of the difficulties. The shop, to use the plaintiff's expression, with which he was dealing, was called 'The Dudhgaon Vyapari Mandal', or 'The Dudhgaon Commercial Association.' The defence is that this ass...
Charandas Vassonji Thakar Vs. Nagubai Manglorekar
Court: Mumbai
Decided on: Jan-07-1929
Reported in: (1929)31BOMLR1128; 122Ind.Cas.420
Amberson Marten, Kt., C.J.1. This is a bitter litigation which has already gone to the Privy Council twice. Today we are only concerned with the quantum of maintenance that has to be paid to the plaintiff as the permanent concubine of the deceased testator. There are other points raised in the present memorandum of appeal, but they have been abandoned.2. As regards the question of quantum, a sum of Rs. 300 per month was awarded by the Commissioner, and his finding has been affirmed by Mr. Justice Crump in a judgment dealing fully with the case. Now I must go back one step in the history, and read the exact order of reference that was originally made by Mr. Justice Kanga, as he then was, on November 25, 1921. That order directed the suit to be referred to the Commissioner for taking accounts for ascertaining the value and income of the ancestral as well as the self-acquired estate of the said deceased Vasanji Madhavji Thakar and for reporting what in the opinion of the said Commissioner...
Lakshman Kushaba Bakre Vs. Bhikchand Raichand Marwadi
Court: Mumbai
Decided on: Jan-07-1929
Reported in: AIR1930Bom1; (1929)31BOMLR1179; 122Ind.Cas.843
Amberson Marten, Kt., C.J.1. The appeal in this case is by defendants Nos. 2 to 4 against the original plaintiffs and defendant No. 1 from the preliminary decree passed by the trial Judge declaring that in the suit partnership the plaintiffs are entitled to a half share and defendants Nos. 1 to 4 to the other half, both being bound to hold one anna out of the profits for charity, and that the partnership shall be deemed to have been dissolved as from September 14, 1923. The decree also ordered accounts to be taken as follows :-(a) An account of the debts and liabilities of the said partnership on the aforesaid date.(b) An account of the credits, property and effects on the aforesaid date.(c) An account of all dealings and transactions between plaintiffs and defendants not disturbing any subsequent settled accounts except the adhawa, Exhibit 184, and any further item or items that may hereafter be found necessary to be excepted.2. Then the decree proceeded :The claim for a specific sum ...
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