Mumbai Court March 1931 Judgments
Vishwas Balwant Davare Vs. Bhalohandra Ganesh Thakar
Court: Mumbai
Decided on: Mar-30-1931
Reported in: (1931)33BOMLR1022
Broomfield, J.1. The applicant V. B. Davare was a gumasta in a shop belonging to the opponent B. G. Thakar, They had a dispute about account, and on April 13, 1923, they both signed a submission paper referring the dispute to the arbitration of two persons, M. G. Thakar, the opponent's brother, and M. G. Sathe, a friend of the applicant. The submission paper provided that in the event of difference of opinion between the arbitrators the final decision was to be given by Mr. N. C. Kelkar. It appears that the arbitrators never met and no steps were taken to carry out the arbitration, until on March 18, 1926, Thakar made an application to the First Class Subordinate Judge Poona under para 17 of Schedule II of the Civil Procedure Code to have the agreement to refer filed in Court. Davare opposed this on various grounds, alleging inter alia that the reference had lapsed owing to Thakar's laches in not acting upon it, and that the arbitrators had informed the parties of their unwillingness t...
Tag this Judgment!Menahim Yousef Vs. Islam Aman Salah
Court: Mumbai
Decided on: Mar-30-1931
Reported in: (1931)33BOMLR1222
John Beaumont, C.J.1. This is a reference from the Judicial Assistant to the Resident, Aden. Originally the suit was brought by one of three original mortgagees against the other two mortgagees or their alleged representatives and the mortgagors, but the plaint was subsequently amended so as to make all the mortgagees plaintiffs and the mortgagors defendants. The amended plaint asks for payment of the sum due on the mortgage or in default sale of the mortgaged property, and, secondly, in case the proceeds of the sale are found to be insufficient for payment of the amount due to the plaintiff's, then that liberty be reserved to the plaintiffs to apply for a decree for the balance. The mortgage on which the plaintiffs rely is dated June (2), 1926. By that mortgage the mortgagors acknowledged to have received from three named persons who are all Jewish inhabitants of Aden the sum of Rs.26,900 as follows: from the first mortgagee Ahronee Shemail Rs.13,000, from the second mortgagee Menahim...
Tag this Judgment!Secretary of State for India Vs. the Hindustan Co-operative Society, L ...
Court: Mumbai
Decided on: Mar-28-1931
Reported in: (1931)33BOMLR1006
George Lowndes, J.1. These are two consolidated appeals from a decision of the High Court of Bengal arising out of certain land acquisition proceedings taken lor the purposes of the Calcutta Improvement Act (Bengal V of 1911).2. The property in question belonged to the Hindustan Co-operative Insurance Society, Ltd., (hereinafter referred to as the Society), and the questions sought to be raised by the appeals are as to the compensation to bo awarded. Neither party was satisfied with the High Court's decision. The Secretary of State applied for a certificate enabling an appeal to His Majesty in Council. The Society objected that no appeal lay, but asked in effect that if a certificate were granted to the Secretary of State, a certificate should also be granted to them. The High Court granted certificates to both parties. The appeals were duly admitted and are before the Board for determination. The Society contend, as they did in the High Court, that no appeal is competent, and this que...
Tag this Judgment!Kalidas Damodar Vs. Rukshamani
Court: Mumbai
Decided on: Mar-27-1931
Reported in: AIR1932Bom108; (1931)33BOMLR1285; 136Ind.Cas.168
Beaumont, C.J.1. This is an appeal from the First Class Subordinate Judge at Broach. The relevant facts are that the testator, one Dulab, died on February 20, 1902, having made a will dated February 17, 1902, by which he appointed five persons as trustees. The last surviving trustee, one Gordhan, died on March 7, 1925. Gordhan by his will appointed defendant No. 2, in effect, as trustee of the will of the original testator. Defendant No. 1 is the daughter and heir of Gordhan. The plaintiffs are the heirs of the original testator, Dulab, and they commenced this suit in the year 1925 and claimed, in the first place, that the will of Dulab is invalid; secondly, and, in the alternative, that if the will is valid, then according to the true construction of Clause 6 thereof there is an intestacy as to residue and they are entitled under the Indian Succession Act.2. The learned trial Judge held that the will of Dulab was well executed, relying on the facts, first, that it was registered, seco...
Tag this Judgment!Parsotim Thakur Vs. Lal Mohar Thakur
Court: Mumbai
Decided on: Mar-26-1931
Reported in: (1931)33BOMLR1015
George Lowndes, J.1. The question for determination in this appeal is whether the appellants are entitled to redeem a aeries of usufructuary mortgages upon cretain property, which is described as a separated one anna patti in a moiety of Mouza Rajapur in the Shahabad District, The other pattia are referred to incidentally in the case, but they are no part of the subject-matter of the appeal. The mortgages in question were executed on different dates between July 13, 1883, and October 23, 1914, by various members of a joint family now represented by the 6th and 7th appellants, Ram Prasad and Radha Prasad, in favour of the managing members of the respondents' family. A question was raised at the trial of the suit as to one Sita, another member of the mortgagors' family, who was said to have disappeared and was not joined as a party, but this has no bearing on the matter at issue in the present appeal. The mortgages all provided for redemption on the full moon day of Jeth in any year on r...
Tag this Judgment!Chaturbhuj Tulsiram Marwadi Vs. Ambarsing Harji
Court: Mumbai
Decided on: Mar-26-1931
Reported in: (1931)33BOMLR1220; 136Ind.Cas.186
John Beaumont, C.J.1. This is an appeal from an order of the First Class Subordinate Judge of Dhulia. The plaintiff was suing on the promissory note for a sum of Rs. 6,725 and interest at twelve per cent, per annum. The learned Judge gave judgment for the plaintiff holding that the amount claimed on the promissory note had been advanced in cash and not as the defendants contended merely in account, and at the end of his judgment he says:-'Since the plaintiff has not claimed any interest subsequent to the date of the suit, I pass no order for the payment of any such interest to him.' Then the actual order he makes is that the defendants do pay to the plaintiff the amount claimed and costs by annual installments of Rs. 900 each and then there are provisions as to the dates of payment of the installments and as to what is to happen if default is made. The judgment was given on November 8, 1927, and apparently on November 15, 1927, the pleader for the plaintiff made an application to the l...
Tag this Judgment!The Pondicherry Railway Company Ltd. Vs. the Commissioner of Income-ta ...
Court: Mumbai
Decided on: Mar-26-1931
Reported in: (1931)33BOMLR1263
Macmillan, J.1. For the years 1925-26 and 1926-27 assessments to income tax and super tax under the Indian Income-tax Act, 1922 (No. XI of 1922) were made on ' The Agent, Pondicherry Railway Company Limited, Trichinopoly ' in respect of the income derived by the company from its business. On appeal these assessments were confirmed by the Assistant Commissioner of Income-tax, Southern Range, Madura. The assessee thereupon under Section 66 (2) of the Act required the Commissioner of Income-tax for the Province of Madras to refer to the High Court of Judicature at Madras certain questions of law arising with regard to the validity of the assessment. The Commissioner accordingly stated a case in which he referred for the decision of the Court four questions of law, three only of which it is necessary to set out here, viz.:-(b) Whether the Pondicherry Railway Company Limited which is resident without British India is liable to be assessed to income tax on the income derived by it from the w...
Tag this Judgment!Raja Bhupendra Narayan Sinha Vs. Rajeswar Prosad Bhakat
Court: Mumbai
Decided on: Mar-24-1931
Reported in: (1931)33BOMLR1273
George Lowndes, J.1. The question for determination in these consolidated appeals is as to the sub-soil rights in a hill in Mauza Nalhati, in the Birbhum District. There, beneath a stratum of stones and gravel, a valuable deposit of yellow ochre has been found, which is claimed by both parties--by the appellant as the zemindar and by the respondents as dar-putnidars holding by virtue of two putni grants dating from 1861. The respondents have worked the deposit on a considerable scale and have sold the ochre, for which there seems to be a ready market.2.The suit was instituted by the appellant on December 12,1919, for a declaration of his ownership and possession of the sub soil, and an injunction restraining the respondents from digging and removing the stones, earth or minerals, including the ochre, and claiming a large sum as damages. The respondents pleaded that the sub-soil rights had passed to them under the putnis and dar-putnis, and alternatively that they had acquired a prescri...
Tag this Judgment!In Re: S.R. Mirajkar
Court: Mumbai
Decided on: Mar-23-1931
Reported in: (1931)33BOMLR1215
John Beaumont, C.J.1. This is a petition to the Court to exercise its disciplinary jurisdiction against a pleader named Mr. S. R. Mirajkar, The petition was referred to a tribunal of the Bar Council under the provisions of Sections. 10 and 11 of the Indian Bar Councils Act, and the tribunal has made a report to this Court under the provisions of Section. 12. The tribunal went very thoroughly into the matter, and we are much indebted to them for the very able, careful and full report they have made to the Court. As this is the first case which has arisen under the Indian Bar Councils Act, it is desirable to lay down the correct procedure. Section 12 provides that the finding of a tribunal on an inquiry referred to the Bar Council under Section. 10 shall be forwarded to the High Court. Sub-section (3) provides that on receipt of the finding, the High Court shall fix a date for the hearing of the case and shall cause notice of the day so fixed to be given to the advocate concerned and to ...
Tag this Judgment!In Re: S.R.M.
Court: Mumbai
Decided on: Mar-23-1931
Reported in: AIR1931Bom557
Beaumont, C.J. 1. This is a petition to the Court to exercise its disciplinary jurisdiction against a pleader named Mr. S.R.M. The petition was referred to a tribunal of the Bar Council under the provisions of Sections 10 and 11, Bar Councils Act, and the tribunal has made a report to this Court under the provisions of Section 12. The tribunal went very thoroughly into the matter, and we are much indebted to them for the very able, careful and full report they have made to the Court. As this is the first case which has arisen under the Bar Councils Act, it is desirable to lay down the correct procedure. Section 12 provides that the finding of a tribunal on an inquiry referred to the Bar Council Under Section 10 shall be forwarded to the High Court. Sub-section (3) provides that on receipt of the finding, the High Court shall fix a date for the hearing of the case and shall cause notice of the day so fixed to be given to the advocate concerned and to the Bar Council and to the Advocate ...
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