Mumbai Court May 1934 Judgments
Bishun Chand Vs. Girdhari Lal
Court: Mumbai
Decided on: May-14-1934
Reported in: (1934)36BOMLR723
Wright, J.1. This appeal involves a question of general importance in regard to the law of limitation. The appellants carry on business as money-lenders, and for twenty-five years had been lending money to the respondents, the rate of interest being ten annas per cent. per mensem. The loans were entered in the appellants' books with charges for interest at intervals, and so also were the payments on account made by the respondents from time to time. The suit was brought as on an account stated evidenced by entries as below described in the appellants' ledger ; it was stated to their Lordships that the ledger set out the various items of credit and debit. The appellants' books were not produced at the hearing of the appeal, though produced at the trial. At the foot of the page of the ledger on the debit side there was written by or on behalf of the appellants: ' Balance due to be received after adjusting the account up to Kunwar Sudi 9 Sambat, 1982 (that is, September 26, 1925), Rs. 16,...
Tag this Judgment!Chandramani Shaha Vs. Sreemati Anarjan Bibi
Court: Mumbai
Decided on: May-10-1934
Reported in: (1934)36BOMLR717
Lancelot Sanderson, J.1. These are two consolidated appeals from two decrees dated August 19, 1930, of the High Court of Judicature at Fort William in Bengal, which reversed two orders dated February 28, 1929, of the Court of the First Subordinate Judge of Tippera at Comilla.2. The question for determination is, whether the appellants, who purchased with the leave of the Court at two auction sales certain mortgaged property in execution of two mortgage decrees in their favour, are entitled to delivery of possession of the said property.3. It was alleged on behalf of the respondents that the two applications which were made by the appellants for delivery of possession of the said property were out of time and barred by the Indian Limitation Act, 1908,4. The Subordinate Judge held that the applications were not barred and made an order for delivery of possession of the property referred to in each application.5. Respondents Nos. 1 to 3 appealed in each case to the High Court, and on Augu...
Tag this Judgment!Govindoss Krishnadoss Vs. the Official Assignee of Madras
Court: Mumbai
Decided on: May-08-1934
Reported in: (1934)36BOMLR858
Thankerton, J.1. These are six consolidated appeals from six decrees all dated April 1, 1931, made by the High Court of Judicature at Madras in its civil appellate jurisdiction, which reversed six decrees of different dates made by the same Court in its ordinary original civil jurisdiction. As will be seen later, a decision in the leading appeal (No. 101 of 1932) will, in effect, apply equally in the remaining appeals.2. Babu alias Govindoss Krishnadoss, who is appellant in all the appeals, was plaintiff in the principal suit (C. Section No. 622 of 1923), which was filed through his next friend Laldoss, his uncle, on account of his then minority, on August 30, 1923, and is the subject of the leading appeal. The appellant's father, Krishnadoss, died on August 13, 1908, and the main question is whether his father's interest in the business carried on under the name of Muralidoss Ramdoss & Co., was that of a partner or of a member of an undivided Hindu family. If the latter be the correct...
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