Mumbai Court January 1934 Judgments
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Maung Ba Thaw Vs. Ma Pin
Court: Mumbai
Decided on: Jan-15-1934
Reported in: (1934)36BOMLR427
Thankerton, J.1. The appellant is receiver of the estate of Po Thit and Ma Nyein E, his wife, who were adjudicated insolvents on January 11, 1929, and he appeals from a decree of the High Court of Judicature at Rangoon, dated January 18, 1932, which reversed the order of the District Court of Henzada, dated March 30, 1931, and directed that the respondent be added in the schedule of debts as a creditor of the estate in respect of certain sums, amounting in all to Rs. 18, 691-9-0, claimed in respect of eight promissory notes. The respondent had also claimed in respect of a mortgage debt of Rs. 4,000, but it is now admitted that it had been satisfied.2. Prior to the application by the respondent to be added in the schedule of debts, which was filed on January 30, 1931, and out of which the pre sent appeal arises, the appellant had made an application under Section 54 of the Provincial Insolvency Act, dated April 6, 1929, against the present respondent, asking that the payment by the inso...
Chhotabhai Motibhai Vs. Dadabhai Narandas
Court: Mumbai
Decided on: Jan-15-1934
Reported in: AIR1935Bom54; (1934)36BOMLR738; 152Ind.Cas.715
Divatia, J.1. This appeal arises in a suit by the plaintiffs for a declaration that certain deeds of sale obtained by the defendants in respect of suit property being illegal, unauthorised, fraudulent and inoperative, are not binding on them, and that certain mortgages created by the plaintiffs' predecessor on the property in favour of the defendants' predecessors prior to the said sale-deeds were subsisting, and for an account of the said mortgages under the Dekkhan Agriculturists' Relief Act, and that the mortgaged property be released from the mortgages and handed over to the plaintiffs' possession on payment of whatever might be found due on taking account.2. In order to understand the nature of the claim and defence, it is necessary to state the events and facts which have led to this litigation.3. The following pedigree of the mortgagor's family is necessary to understand the relationship of the plaintiffs and other persons related to them who figure in this suit: Bhailal Talsibh...
Shripad Shivram Sardeshpande Vs. Shivram Bhikaji Patki
Court: Mumbai
Decided on: Jan-15-1934
Reported in: AIR1934Bom466; (1934)36BOMLR1052; 152Ind.Cas.1031
Murphy, J.1. The plaintiffs, who are khots of the village, sued in the first place for a declaration that they were the owners of some land, the subject-matter of the suit, and for an injunction against the defendants to prevent them from obstructing the plaintiffs' enjoyment. Alternatively, they sued for possession. Although there is a reference in the plaint at page 22 of our record to the following effect-'Plaintiffs' vahivat is going on, without obstruction continuously from very old days and therefore also plaintiffs' ownership on the suit land is established completely (i.e., plaintiffs have become owners by adverse possession),' the point does not seem to have been pressed in the original Court, and no issue was raised, the ones framed being the ordinary ones, viz.,(1) Whether the plaintiffs prove their title? and(2) Whether the plaintiffs prove their possession within twelve years next before suit?3. The original Court found in the plaintiffs' favour that they had title and tha...
Emperor Vs. Ramchandra Trimbak Bhave
Court: Mumbai
Decided on: Jan-10-1934
Reported in: AIR1934Bom201; (1934)36BOMLR366
John Beaumont, Kt., C.J.1. This is a reference by the Sessions Judge of Thana in which he recommends that the conviction of the accused by the First Class Magistrate of Panvel should be set aside. The accused was convicted of having driven a lorry loaded with cart-wheels from Bhiwandi to Panvel on December 25, 1931, without obtaining the counter-signature of the District Superintendent of Police of Kolaba either on the owner's permit or on the driver's permit, and thereby having committed an offence punishable under Section 16 of the Motor Vehicles Act read with Rule 7(5) of the rules made under that Act. The facts found by the learned Magistrate were that the lorry which was driven by the accused was let for hire within the Thana district, and was then driven outside the Thana district into the Kolaba district. In revision we must accept these findings. The learned Sessions Judge took the view that inasmuch as the letting for hire was within the Thana district alone and there was no l...
Gopal Shankar Jahagirdar Vs. Raising Premji Gotivala
Court: Mumbai
Decided on: Jan-10-1934
Reported in: AIR1934Bom266; (1934)36BOMLR510
Broomfield, J.1. This is an appeal under the Letters Patent from a decision of Mr. Justice Barlee. The point involved is one of limitation and the necessary facts and dates are these. On July 3, 1916, the respondent obtained a money decree against Shankar, the father of the appellant, in the Court of the First Class Subordinate Judge at Poona. Then on November 3, 1917, Shankar died. On March 26, 1919, the decree-holder made an application (No. 49 of 1919) under Section 39 of the Civil Procedure Code for transfer of the decree for execution to the Dhulia Court. This application was made in ignorance of the death of the judgment-debtor. Notice was issued and the bailiff then reported that Shankar was dead. On July 21, 1919, an oral application was made by the judgment-creditor's pleader for time to make enquiries as to the legal representatives of the deceased judgment-debtor. The application was granted and time was given for this purpose until August 15, 1919, but on that day the appli...
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