Mumbai Court July 1931 Judgments
Tara Kumari Vs. Chandra Mauleshwar Prasad Singh
Court: Mumbai
Decided on: Jul-31-1931
Reported in: (1932)34BOMLR222
George Lowndes, J.1. These are consolidated appeals from a decree of the High Court of Judicature at Patna. The principal appeal is that of Thakurain Tara Kumari, who will be referred to in this judgment as the appellant. She is a purdanashin lady, the widow of Thakur Ram Narain Singh, who was in his life-time the owner of an impartible estate known as Taluka Telwar. On her husband's death without issue in 1905, she was entitled to succeed to the estate, but was ousted by one Chatterbhuj Narayan Singh, who claimed to be a co-parcener of her husband.2. By a deed dated September 16, 1906, she sold to the then Maharaja of Gidhaur an eight annas share of the estate, the object of the sale, as declared by the deed, being to obtain funds to recover the property from Chatterbhuj and to discharge existing encumbrances upon it. The consideration money for the sale was the sum of Rs. 50,000, of which sum Rs. 47,000 was to be applied by the Maharaja in payment of the encumbrances and the balance,...
Tag this Judgment!Bal Rajaram Padval Vs. Maneklal Mansukhbhai
Court: Mumbai
Decided on: Jul-30-1931
Reported in: AIR1932Bom136; (1932)34BOMLR55; 137Ind.Cas.717
Patkar, J.1. These are two appeals from a preliminary decree passed by Mr. Sanjana, Joint Judge of Thana, and a final decree passed by the same Judge as District Judge of Thana in suit No. 7 of 1927 brought by the plaintiff to recover the principal and interest on a mortgage deed, Exhibit 42, passed by defendant No. 1 Rajaram Tukaram, his wife Lakshmibai, defendant No. 2, and by defendant No. 1 as guardian of his two sons Bal and Chimu, defendants Nos. 3 and 4.2. Defendant No. 1 Rajaram carried on large import business in saffron, piece-goods and other commodities in the name of S. Narayan & Co. S. Narayan & Co. was an old firm and had four partners, Defendant No. 1 Rajaram's father Tukaram Tataya, one of the partners, had six and a half annas share. At the end of 1897 Tukaram Tatya left the company and Rajaram, defendant No. 1, became a partner the next day with a share of two annas and a half, Out of a large balance standing to the credit of Tukaram Tatya, As. 25,000 were transferred...
Tag this Judgment!Ramabai Nilkanthrao Nadkarni Vs. Dattatraya Balaji Nadkarni
Court: Mumbai
Decided on: Jul-29-1931
Reported in: (1931)33BOMLR1244
Baker, J.1. The plaintiff, who is the widow of the uncle of the defendant, who died in union with the defendant's father, sues to recover Rs.2,000 with costs from defendant as the cost of a pilgrimage made by her to Gaya and Benares for the spiritual benefit of her husband, and for a pilgrimage to Rameshwar, which is yet to be performed. The defendant denied his liability to pay the expenses of the pilgrimage, and both the Courts below have found that the plaintiff cannot claim it from the estate. The plaintiff makes this second appeal.2. The point is one of Hindu law, and not directly covered by authority. The plaintiff is receiving maintenance from the estate which is in the possession of her nephew, the defendant, the amount of maintenance being Rs. 840 a year, as settled by a consent decree. It is also in evidence that she had a sum of over Rs. 2,000 as her shidhan. The view which has been taken by the lower Courts is that there is no authority for the proposition that a widow who ...
Tag this Judgment!John Mascarenhas Vs. the Mercantile Bank of India
Court: Mumbai
Decided on: Jul-28-1931
Reported in: (1932)34BOMLR1
George Lowndes, J.1. The questions for decision in these appeals arise out of a fraud committed by one Fernandes. In the year 1914 he was entrusted by the appellants, who were residents of Goa, with certain securities for the purpose of collecting on their behalf the interest as it fell due. Among these securities were forty-one ' debentures ' issued by the Trustees for the Improvement of the City of Bombay under powers contained in their Act (Bombay Act IV of 1898) and also one ' municipal debenture,' being presumably a debenture issued by the Municipal Corporation of Bombay under Bombay Act III of J 888. All of these securities were transferable by endorsement.2. Fernandes seems to have remitted the interest to the appellants regularly till the middle of 1923, when he defaulted, and it was then discovered that he had, in 1918, by means of forged endorsements in his own favour, pledged all the debentures in question (together with others not the subject of these appeals) with the Alli...
Tag this Judgment!The Ripon Press and Sugar Mill Company Vs. Gopal Chetti
Court: Mumbai
Decided on: Jul-28-1931
Reported in: (1932)34BOMLR321
Blanesburgh, J.1. This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated November 13, 1924, reversing a judgment and order dated November 3, 192?, of a single Judge of the same High Court in its ordinary original civil jurisdiction. These orders were made in the matter of a petition presented to the Court on May 1,1922, for the compulsory winding-up of the appellant company. By the order1 of November 3, 1922, Mr. Justice KumarswamiSastri dismissed the petition with costs. On appeal his order was discharged by that of November 18, 1924, and the compulsory winding-up of the company was thereby decreed. This appeal from that order reached the Board for hearing more than six years after it had been made, Its discharge accordingly involved the supersession of all proceedings in a liquidation which as a result of it had then been in operation for more than eight years. To this fact are attributable the grave difficulties which have confronted the Board ...
Tag this Judgment!Mahomed HusseIn Vs. Bai Aishabai
Court: Mumbai
Decided on: Jul-27-1931
Reported in: AIR1932Bom604; (1932)34BOMLR1365
Wadia, J.1. One Haji Gulam Mahomed Ajam died in Bombay on or about March 1, 1928, leaving him surviving as his only heirs, according to the Sunni Mahomedan law, a widow, two sons and three daughters. He left a will dated January 9, 1928, of which he appointed his widow and one of his daughters his executrices. The will, however, has not been proved. The deceased died possessed of moveable and immovable properties of large value in Bombay and in other places. The first suit is a suit for the administration of his estate. The second suit is a mortgage suit filed by the Central Bank of India, Ltd., for the realisation of their security. The deceased was indebted to various creditors at the date of his death, the largest of whom are the Central Bank, Mr. F.E. Dinshaw and Ratanji Virpal, all secured creditors. This summons has been taken out by the executriees of his will, firstly for an order that they may be authorised to obtain from the bank a sum sufficient to pay off the claim of Mr. F...
Tag this Judgment!In Re: Pre-audience of the Acting Advocate General
Court: Mumbai
Decided on: Jul-24-1931
Reported in: AIR1932Bom71; (1931)33BOMLR1500
John Beaumont, C.J.1. This is a petition presented by Mr. Tara-porewala as acting Advocate General in which he asks the Court to give directions as to the right of pre-audience in this Court of the acting Advocate General. Mr. Coltman has appeared for the Bar Association, and Sir Chimanlal Setalvad for the Bar Council, and though the matter has not been contested in any hostile spirit, they have been good enough to put forward the argument against the view of the acting Advocate General.2. The petition has annexed to it a copy of a judgment of a Division Bench of this Court given in October 1865. In that case it was conceded that prior to the Government of India Act of 1858 no right of pre-audience at the bar was enjoyed by the Advocate General, and, therefore, a fortiori no such right was enjoyed by the acting Advocate General. But of course before the Act of 1858 the Advocate General was the servant of the East India Company, and not of the Crown. The Court in the case to which I am ...
Tag this Judgment!P.M.A.M. Vellaiyappa Chetty Vs. Natarajan
Court: Mumbai
Decided on: Jul-24-1931
Reported in: (1931)33BOMLR1526
Dinshah Mulla, J.1. This appeal arises out of a suit instituted in the High Court of Madras by the illegitimate sons and an illegitimate daughter of P.M.A. Muthiah Chetty, a Sudra by caste, by a continuous concubine, for past and future maintenance against their father. Muthiah Ohetty owned no separate property, but he was joint with his uncles and uncles' sons, and the joint family possessed considerable properties. The plaintiffs claimed that the maintenance should be charged on the joint family properties. The suit was filed on September 18, 1919. Muthiah Ohetty died on April 21, 1921, and after his death the plaint was amended, and the uncles and uncles' sons were brought on the record as defendants Nos. 2 to 5 as his surviving coparceners and legal representatives.2. The learned Judge who tried the case awarded maintenance to each son at the rate of Rs. 100 per month from the date of the institution of the suit for life, and to the daughter at the rate of Rs. 50 per month until sh...
Tag this Judgment!H.V. Low and Co. Ltd. Vs. Raja Bahadur Jyoti Prosad Singh Deo
Court: Mumbai
Decided on: Jul-24-1931
Reported in: (1931)33BOMLR1544
Macmillan, J.1. The appellant company seeks in this action to recover from the respondent a sum of Rs. 34,440 which on October 13, 1923, is paid to him as salami or premium in respect of a contemplated 999 years lease of the underground coal rights in two mouzas known as Raidi and Methadi comprised in the respondent's zemindari. Subsequent to the payment of this premium the parties entered into a formal agreement dated January 22, 1925, whereby the appellant company agreed that within two months from the date of the submission of the draft lease by the respondent it would take the proposed mining lease from the respondent or his leassee 'on a salami of Rs. 84,400 already deposited,' and on certain specified royalty terms. The agreement contained the following clause:--If they [i.e., the appellant company] neglect or fail to take such lease within the aforesaid time except for the reason of the want of the lessor's title to the said mouzas the sum of rupees thirty-four thousand four hun...
Tag this Judgment!Louis Dreyfus and Co. Vs. R.A. Arunachala Ayya
Court: Mumbai
Decided on: Jul-23-1931
Reported in: (1931)33BOMLR1536
Tomlin, J.1. The question in dispute in this appeal is whether the award of an umpire dated February 19, 1923, should be set aside or not.2. Mr. Justice Waller, sitting on the original side of the High Court of Judicature at Madras on May 6, 1926, dismissed an application of the present respondent to set it aside.3. By a decree dated September 12,1927, of the High Court (appellate jurisdiction) the decision of Waller J. was reversed and the award was set aside.4. The appellants thereupon appealed to His Majesty in Council to have the judgment of Waller J. restored.5. The appellants are seed and grain merchants carrying on business in Karachi.6. On April 25, 1918, an agreement in writing was entered into between the appellants of the first part and R.K. Rajagopala Ayyar (since deceased) and the respondent of the second part. At that time Rajagopala and the respondent were carrying oa business together in partnership as Messra. R.K. Rajagopala Ayyar and Brother, and Rajagopala was managi...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »