Mumbai Court April 1934 Judgments
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In Re: the British India Banking and Industrial Corporation Ltd.
Court: Mumbai
Decided on: Apr-09-1934
Reported in: (1934)36BOMLR1002
Kania, J.1. The facts briefly are that contributory No. 136, Macherla Ramanna Shiva Chedumbariah, was a shareholder of the company and as such had become liable to contribute to the assets of the company in its liquidation. The company not being aware of his death put his name on the list of contributories in the liquidation proceedings, and in due course the Court made the balance order for payment. After the liquidator realised such amounts as he could in liquidation, he sold the rest of the claims, and the present assignees purchased the claim payable by contributory No. 136. The assignees now seek for an order againt the respondent, Shiva Chedumbariah, as the heir and legal representative of the deceased contributory No. 136, for payment of the amount appearing against the name of the deceased contributory in the balance order. On behalf of the assignees it is contended that until the company was informed of the death of the contributory the deceased continued to be liable as a mem...
Maktumsab Abdulhak Vs. Dadabhai Mohidin
Court: Mumbai
Decided on: Apr-09-1934
Reported in: AIR1934Bom495; (1934)36BOMLR1098
Murphy, J.1. The only question for decision in this appeal is whether Mullagiri land is partible or not?2. The suit was for partition of the ancestral property of a Muhammadan family, and a part of this property is land of this description. The first two Courts held that such land could be divided among the heirs to it, like any other land, but in second appeal Mr, Justice Baker held on the point in the contrary sense, and granted a certificate to appeal against his decision.3. The sanad for the land is not produced. We have only the facts that the land is assigned as remuneration for services useful to the village community, and that it is not transferable. Ordinarily, such holdings are governed, as to inheritance, not by the Watan Act, but by the personal law of the holders, and if this is the case here, the land would be subject to partition.4. The Mulla's office is admittedly a religious one, but there is no priestly class among Muhammadans, and any sufficiently instructed person m...
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