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Mumbai Court May 1931 Judgments

May 21 1931

imperial Bank of India Vs. Bengal National Bank, Limited

Court: Mumbai

Decided on: May-21-1931

Reported in: (1931)33BOMLR1338

Atkin, J.1. This is an appeal from an order of the High Court of Judicature in Bengal affirming an order of the Court made in its original civil jurisdiction on an application for directions made by the liquidators of the Bengal National Bank, Ltd., the respondents in this appeal. The respondent bank was incorporated in 1907 and registered under the Indian Companies Act, 1882. On or before May 4, 1923, the respondent bank had borrowed from the Imperial Bank of India, the appellant, hereinafter called the Imperial Bank, the sum of ten lacs with interest, and on May 4, executed and delivered to the Imperial Bank a debenture creating a floating charge on the whole undertaking, properties, assets and interests present and future of the respondent bank as security for the loan. On August 1,1923, a similar debenture was executed and delivered to the Imperial Bank, creating a similar floating charge as security for a further loan of ten lacs with interest. Both documents were duly registered ...

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May 08 1931

Rani Chhatra Kumari Devi Vs. Mohan Bikram Shah

Court: Mumbai

Decided on: May-08-1931

Reported in: (1931)33BOMLR1390

George Lowndes, J.1. The facts in this case have been stated with admirable clarity and precision in the judgment of the High Court, and their Lordships will only re-state them so far as is necessary for the understanding of the conclusions to which they are led.2. Eaja Mohan Bikram Shah, a scion of the royal house of Nepal, but resident at Benares, died on April 18, 1912. He was the owner of a valuable estate known as the Eamnagar Raj, and of other property in Benares. It was contended in the Courts in India that this property was all ' ancestral ' in his hands, but both Courts have negatived the contention. The question has been raised again before the Board, but their Lordships do not think it necessary to discuss the matter at length as they are satisfied that the conclusion come to in India on this point is correct.3. The Raja had married four wives, of whom the youngest, Sri 5 Rani Chhatra Kumari Devi, survived him. It will be convenient to refer to her as the appellant and to Pr...

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