Court : Mumbai
Reported in : (1934)36BOMLR225
Thankerton, J.1. The appellants in this case are the plantiffs in an action on two promissory notes for sums of Rs. 4,000 each executed in or about the year 1925 by one Pandurang who died before the suit was brought, and the suit is brought against the surviving members of the joint family. It may be taken as established by the concurrent findings of the Courts below that at the time Pandurang was the karta of the joint family, and although the appellate Court was not quite satisfied in the matter, their Lordships are prepared to assume that it was necessary for the proper conduct of the joint family business that money should be borrowed from time to time in such a way on promissory notes. That being so, as is established by a judgment of this Board, it would be within the authority of the deceased as karta to borrow money in his own name for the purpose of the family business.2. The question then remains whether the two sums here in question were debts incurred by the deceased as kar...
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom130; (1934)36BOMLR105; 150Ind.Cas.858
Broomfield, C.J.1. We have to thank the learned Presidency Magistrate, Third Court, for a very full report. In para. 2 he describes the practice which he has been following in these terms:It is a practice of my Court that on summons days, i. e., days on which preference is given to the summons cases, as soon as I take my seat in Court at 11-30 a.m., applications for adjournments, etc., are heard by me. After such applications, which usually take about an hour or so, an attempt is made to go through the day's board with a view to dispose of petty and uncontested cases, subject to a sufficient margin of time being reserved for part-heard cases on the day's board, which always receive preference. After all the petty cases are disposed of, the Court begins to hear part-heard cases. As regards the remaining cases in some of them parties or their lawyers usually take dates by consent from the Judicial Clerk with my permission in the course of the day when it is felt that the Court has no tim...
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR137
Thankerton, J.1. This is an appeal from a judgment and decree of the High Court of Judicature at Rangoon dated March 8, 1932, whereby the Court, in exercise of its appellate jurisdiction, set aside an order dated December 14, 1931, made in exercise of its original jurisdiction, and declared that the deed of sale hereinafter referred to was void as against the respondent. The respondent did not appear in the appeal.2. The deed of sale in question was dated February 27, 1931, and was made between Mrs. Edith Young, who carried on business as a milliner and dressmaker at 15, Phayre Street, Rangoon, and the appellant ; Mrs. Young thereby assigned to the appellant the stock-in-trade then lying in her shop and all her book debts then due and owing, in consideration of the payment by the appellant to her bank of the sum of Rs. 20,229, being the amount of her overdraft with the bank. The appellant had guaranteed Mrs. Young's overdraft with her bank up to the sum of Rs. 25,000, and the bank were...
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR96
Broomfield, J.1. This is an application for revision of an order passed by the acting Chief Presidency Magistrate on September 5,1933, refusing the petitioner's application for the return of certain documents seized under a search warrant issued by the Court on August 15, 1933. The petitioner is one of the partners in a firm, Messrs. Soho House, manufacturers' representatives doing business in Bombay and other ports. The premises of the firm were searched by order of the Chief Presidency Magistrate on August 15, 1933, and a large number of books and files belonging to the firm were seized and handed over to the Customs authorities. A warrant was issued under Section 96 of the Criminal Procedure Code on the strength of a letter addressed to the Chief Presidency Magistrate by the Collector of Customs, Bombay, and signed for the Collector of Customs by Mr. F.J. Karaka, Assistant Collector of Customs. The letter is as follows :I have the honour to state that I have received information fro...
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR132
John Wallis, J.1. The only question in this appeal is whether in 1891 or 1892 one Gharib, who was then sub-mortgagee in possession of the suit lands and is now represented by the defendants, acquired the equity of redemption which was then vested in the plaintiffs as sons of the deceased mortgagor. The defendants set up this purchase in answer to the claim for redemption in the present suit filed by the plaintiffs in 1920, and the Subordinate Judge of Lahore, holding that there were no sufficient reasons for questioning the sale, dismissed the suit. This decree was reversed by the High Court of Lahore, and the defendants have appealed.2. As Gharib and his descendants, the present defendants, have been recorded as proprietors of the suit lands ever since 1893 in the annual jamabandi statements, and were also so recorded in the village record of rights prepared after the settlement of 1911-12, a statutory presumption arises under Section 44 of the Punjab Land Revenue Act (XVII of 1887), ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom398; (1934)36BOMLR831; 152Ind.Cas.1068
Kania, J.1. This application is made by the third party for extension of time for filing the award. This suit was tried by me for several days, and thereafter, by consent of the parties, the whole matter in dispute was referred to the arbitration of the two senior counsel who appeared in the case at the hearing. By the consent order made on June 22, 1932, the arbitrators were directed to make and file their award within four weeks from the date of service of that order on them, with liberty to enlarge the time for making the award by making endorsements to that effect at the foot of the copy. In the event of the arbitrators disagreeing or failing to make and file the award within the time prescribed or enlarged as aforesaid, the matter was to be referred to the umpirage of Sir J. B. Kanga, who was also to make his award within the time provided in the order. The arbitrators entered upon the reference, held meetings from time to time, and it is common ground that by making endorsements ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom84; (1934)36BOMLR79
John Beaumont, Kt., C.J.1. This is an appeal in which the respondent asks to have the appeal dismissed on the ground that no paper book has been delivered.2. The position of the matter is this. There was a suit brought by one Talati against one Cooper in the year 1929 to recover a sum of money, and on February 28, 1929, judgment was given against Cooper for Rs. 90,000. On September 30, 1930, Cooper started his present suit to have the decree of February 28, 1929, set aside, his contention being, I understand, that the decree was obtained by fraud and in his absence. On December 23, 1932, Mr. Justice Kania gave judgment in the suit dismissing the plaintiff's claim, and in February 1933, this appeal was lodged by Cooper. Subsequently on March 27, 1933, Cooper was adjudicated insolvent on the petition of this particular judgment-creditor.3. When the matter first came before this Court, it was assumed by everybody that if any right of appeal lay, the right would be in the, Official Assigne...
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom74; (1934)36BOMLR88
Broomfield, J.1. This is an application for revision of orders purporting to have been passed under Sections 94 and 96 of the Criminal Procedure Code by the Presidency Magistrate, 3rd Court, Bombay.2. The relevant facts are few and simple. In a case which is now pending before the learned Magistrate the allegations of the prosecution are as follows:On May 25, 1933, the accused stole a blank cheque form belonging to the complainant, who has an account in the Chartered Bank of India, Australia and China. On this form he drew a cheque for Rs. 6,000 and forged the complainant's signature thereon. He then obtained a sum of Rs. 6,000 from the Chartered Bank in the form of six notes of one thousand rupees each. These notes he changed in the Currency Office into sixty notes of one hundred rupees. On May 29 he opened a savings bank account in Lloyds Bank, Bombay, with Rs. 5,000 of this money. Subsequently on June 5 he withdrew Rs. 1,000 by a cheque leaving a balance to his credit of Rs. 4,000. ...
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR127
Wright, J.1. This appeal arises out of a contract between the respondent and Richard Tilden Smith (since deceased, the present appellants added during the litigation as being representatives of his estate) : this contract is contained in a letter dated January 7, 1926, signed by Tilden Smith and addressed to an agent for the respondent and duly accepted on behalf of the respondent. The letter was in the following terms :Bombay House, Fort,Dear Dinshaw,Bombay, January 7, 1926.Re. R.D. Sethna's Matter. If Sethna will pay costs in connection with the appointment of the Receiver and the Receiver's costs and give credit of any distribution he may receive in respect of Receiver's distribution and write letters to his solicitor and to the Receiver to the effect that he is satisfied that the affairs of the Company have been properly conducted, I will pay him the sum of 5,000 invested by him in Hold Herds Limited less such credit.Yours sincerely,(Sd.) R. Tilden Smith.2. The circumstances under ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1934Bom41; (1933)35BOMLR1177
Broomfield, J.1. The facts giving rise to this reference are as follows. Four accused persons have been committed to the Court of the Sessions Judge of Kaira by the Resident First Class Magistrate of Borsad for trial under Section 302, Indian Penal Code. The offence is alleged to have been committed within the limits of a village in the territory of the Baroda State. Therefore, a certificate from the Political Agent was necessary under Section 188 of the Criminal Procedure Code before an inquiry into the charge could be made in British India. What purported to be a certificate under Section 188 was produced in the proceeding before the Magistrate and was in this form :- Dated Baroda, April 22, 1933.Whereas the persons named in the margin are charged with having committed1. Rama Manor. 2. Bhaiji Manor an offence punishable under Section 302 of3. Asha Rama. 4. Natha Mathur [the Indian Penal Code at Baroda under All of Vadeli under Borsad. Bhadran of the Baroda State in the monthof Januar...
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