Mumbai Court November 1929 Judgments
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Govind Narayan Kakade Vs. Rangnath Gopal Rajopadhye
Court: Mumbai
Decided on: Nov-20-1929
Reported in: AIR1930Bom572; (1930)32BOMLR232
Amberson Marten, Kt., C.J.1. This is an appeal by Govind Narayaii Kakade, respondent No. 5, against the decree of the learned District Judge of Sholapur finding him liable for misfeasance or breach of trust as a director in the sum of Rs. 12,000 jointly with respondents Nos, 1, 2, 3 and 4 on an application made by the petitioner as liquidator of the Sholapur Bank, Limited, under Section 235 of the Indian Companies Act '1913.2. The main defences are that the appellant not having been guilty of any wilful neglect or default is protected by the articles of association of the bank from this claim : or alternatively, that he has acted honestly and reasonably and ought fairly to be excused under Section 281 of the Indian Companies Act. Another main ground of defence is that in any event the claim against the appellant is barred by limitation.3. The history of the bank and the main facts of the case have been set out in the judgment of my brother Patkar which I have had the advantage of readi...
Kalipada De Vs. Dwijapada Das
Court: Mumbai
Decided on: Nov-19-1929
Reported in: (1930)32BOMLR505
Darling, J.1. The question in this appeal is as to the right of inheritance to one Niatarini who is entitled under her father's will to the property in suit. She died childless and intestate in November, 1909. There were various claims to her estate, but this appeal is concerned only with the claim of the first respondent, Dwijapada, on the one hand, and two brothers, Gokal and Banwari (through whom the appellants claim) on the other.2. On the death of Nistarini, applications were made by both parties to the District Court for grant of- letters of administration to her estate under Act V of 1881. The proceedings being contentious were tried as a suit by the Subordinate Judge to whom the ease was transferred under the provisions of Bengal Act XII of 1887. The principal, if not the only, question for his decision was whether Dwijapada was the nearest heir of Nistarini, this depending upon a pure question of fact, namely, whether Dwijapada's mother was the sister of Nistarini's husband. T...
Manekji Naoroji Balsara Vs. Municipal Commissioner of Bombay
Court: Mumbai
Decided on: Nov-15-1929
Reported in: AIR1930Bom320; (1930)32BOMLR463
Amberson Marten, Kt., C.J.1. This appeal has been fully and very . well argued, and accordingly we prefer to give our judgments while the arguments are still fresh in our minds.2. The suit is one brought by Mr. Manekji Naoroji Balsara against the Municipal Corporation for wrongful dismissal in 1924. The suit did not come on for trial till December 13, 1928, due probably to the insufficient number of Judges to transact the ordinary business of this Court. Issues Nos. 1 and 8 were then selected as preliminary issues to be decided by the Court. They were, No. (1): Whether the plaintiff is entitled to ask this Court to review the decision of the Standing Committee and the Municipal Commissioner that the plaintiff had been guilty of such misconduct as to warrant his dismissal And No. (8): Whether the plaintiff had every opportunity of meeting the charge against him The learned Judge answered the first issue in the negative and issue No. 8 in the affirmative, and dismissed the suit with cost...
Harakchand Tarachand Vs. Sumatilal Chunilal
Court: Mumbai
Decided on: Nov-15-1929
Reported in: (1931)33BOMLR1200; 136Ind.Cas.481
Patkar, J.1. This is a suit brought by the plaintiff to recover from the defendant a sum of money as damages on the allegation that the defendant purchased through the plaintiff eleven bales of cloth at Rs. 2-12-6 per lb. on August 20,1918. The defendant on September 7, 1918, sold five bales through the plaintiff, and on September 8, sold six bales, and it is alleged that in the transaction of the eleven bales the defendant was bound to pay the plaintiff loss to the extent of Rs. 479-13-0.2. In the suit the plaintiff also claimed that the defendant had entered into an additional transaction of purchase with him with regard to five bales. The learned Subordinate Judge held the transaction proved, but the lower appellate Court held that the transaction was not proved. We are, therefore, concerned only with the transaction of eleven bales of cloth purchased by the defendant through the plaintiff on August 20, 1918.3. The question of limitation was not raised in the trial Court, and the de...
Shivlal Mulchand Shah Vs. Manekji Mancherji Bottlewala
Court: Mumbai
Decided on: Nov-12-1929
Reported in: AIR1930Bom203; (1930)32BOMLR443
Anderson Marten, Kt., C.J.1. This is an appeal by the plaintiff-appellant against the judgment of the learned Judge in so far as the quantum of damages is concerned. The decision of the learned Judge that the defendant committed a breach of the suit contract, Ex. A1, on September 23, 1925, by which the plaintiff was constituted the sole selling agent in the whole of India and Africa for the sale of the defendant's til oil, is not disputed. I draw particular attention to that because we start on this basis that there was a breach of contract by the defendant of that contract, and further that the defendant varied his contract initially in July 1926, when he wrongfully put up the price of his til oil with a view to cause an abnormal decrease in the sales, and thereby to enable himself to put an end to the contract under Clause 8 which provided' that the agency was 'to continue for all time except in case of there being abnormal decrease in sales or in case of fraud on my part or by mutua...
Muddana Virayya Vs. Mudanna Adenna
Court: Mumbai
Decided on: Nov-12-1929
Reported in: (1930)32BOMLR499
Tomlin, J.1. This is an appeal against a decree dated November 18, 1924, of the High Court of Judicature at Madras, modifying a decree dated January 19, 1922, and made by the Additional Subordinate Judge of Guntur on the trial of the suit.2. The questions in the suit relate to the affairs of a joint Hindu family belonging to the Kamma sect of the Sudra caste and resident and holding lands in the Narasaraopet taluk of the Guntur district.3. The family consisted of four brothers. The eldest brother had long before the material events separated himself from the family, and is therefore out of the case.4. The second brother, Ramanna, whose death led to the litigation, had an only son, Nag-anna, who predeceased him in April, 1908, childless, but leaving a widow.5. The third brother, Subbanna, the plaintiff in the suit and since deceased, had two sons, one of whom died in 1914, and the other of whom, named Virayya, is the present appellant.6. The fourth brother, Adenna, had three sons, of wh...
Hota Virabhadrayya Garu Vs. Sri Raja Manyam Mahalakshmanna Garu
Court: Mumbai
Decided on: Nov-08-1929
Reported in: (1930)32BOMLR492
Buckmaster, J.1. For the purpose of the few remarks that are necessary to dispose of this matter, the Board assumes, in accordance with the instructions of counsel, that the map before them is a map which is north and south, east and west, according to the square of the paper. So regarded, it appears that there were originally two estates, one known as the Gutala estate on the south and the Polavaram estate on the north of a river known as the Kovvada river. The river does not form the actual boundary of the estates, for in part it flows wholly through he Polavaram estate, a small strip of Polavaram being left to the south, but the above description is roughly accurate. The Kovvada river comes first from the north down to the south and then due west to east, and runs through the greater part of its course in the Gutala estate. The Polavaram estate had another river running through, which was called the Pedrala river.2. In 1829 it became of considerable consequence to try and arrange, a...
Ahmed Sulleman Dinath Vs. the Municipal Commissioner of Bombay
Court: Mumbai
Decided on: Nov-07-1929
Reported in: AIR1930Bom231; (1930)32BOMLR178
Madgavkar, J.1. This is an application in revision by the petitioner Ahmed Sulleman Dinath against the order of the Chief Judge of the Small Causes Court, Bombay, under Section 219 of the City of Bombay Municipal Act III of 1888, maintaining the assessment on certain buffalo stables by the Municipal assessor and disallowing Re. 1 per stable which the petitioner claimed in addition as expenditure for cleaning each stable.2. A preliminary objection as to jurisdiction is raised by the learned Advocate General for the respondent, the Municipal Commissioner for the city of Bombay, on the ground that the Chief Judge is not a Court but a persona designata and his order under Section 219 Clause (3) is final. It is contended for the petitioner that whatever the case in regard to orders in election petitions under Section 33, cl.(3), where the Chief Judge's order is conclusive, orders under Section 219 are not so: and the question is in relation to a municipal tax, that is, a debt due from the s...
Sakhya Baba Lataka Vs. Sadashiv Parsharam Sathe
Court: Mumbai
Decided on: Nov-07-1929
Reported in: (1930)32BOMLR181
Madgavkar, J.1. The question in this application is whether the suit by the opponents against the defendant No. 2, petitioner, fell under the second schedule Article 85, Clauses (ii), of the Provincial Small Causes Courts Act IX of 1887 and was beyond the jurisdiction of the Court of Small Causes.2. The plaintiffs alleged that defendants Nos. 1 and 2 were annual tenants and without their permission wrongfully cut certain trees belonging to them and claimed damages to the extent of the alleged value of the tress. The defendants pleaded that they were permanent tenants and that the trees had been planted by their ancestors and belonged to them. The Small Causes Court held in favour of the plaintiffs. The defendant No. 2 applies in revision.3. It is argued for the petitioner that the claim in substance is for compensation for an act which, apart from the defence of bona tides under Chapter IV of the Indian Penal Code, would be theft or mischief under Chapter XVII of that Code, and therefo...
Manibhai Kameshwar Vs. Shankarlal Kameshwar
Court: Mumbai
Decided on: Nov-07-1929
Reported in: AIR1930Bom296; (1930)32BOMLR183
Madgavkar, J.1. The defendant-appellant and the plaintiff-respondent are the sons of one Kameshwar, who left a will assigning two different houses to the present parties. The only question argued in appeal is whether Kameshwar could not make a will in respect of this property, because this property was ancestral property in the sense in which that term is used in Hindu law or whether it was absolute property which he could dispose of by will.2. The property in question originally belonged to one Mayaram whose daughter Bai Parsan was the mother of Kameshwar. On the death of Mayaram it descended to Parsan and on her death, to Kameshwar, father of the present parties.3. It was argued for the appellant that in view of the decision of their Lordships of the Privy Council in Raja Chelikani Venkayyama Garu v. Raja Chelikani Vmkataramanayyamma : S.C. 4 Bom. L.R. 657 property inherited from the maternal grandfather must be held to be ancestral property, as was held by the Madras High Court in K...
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