Mumbai Court August 1934 Judgments
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Shankarlal Bansilal Mundade Vs. Raghunathdas Anandram
Court: Mumbai
Decided on: Aug-03-1934
Reported in: AIR1935Bom233; (1934)37BOMLR778
Murphy, J.1. The facts are that the judgment-debtor, appellant, was sued in the Subordinate Court at Ahmednagar on a promissory note for Rs. 3,600. A consent decree was passed against him for Rs. 3,100 payable by-yearly instalments of Rs. 500, the whole remaining amount becoming, recoverable in case two instalments failed. One of the conditions of the decree was that the defendant waived his right to plead agricultural status both in the suit and in any execution proceedings which might follow on it. He paid Rs. 2,500 under the decree, but failed to make good the last two instalments due, and recovery of these is sought by his arrest and imprisonment in the civil jail.2. The original Court held that the judgment-debtor was not precluded from raising such a plea by his waiver of status in the terms of the decree, and finding he was an agriculturist, dismissed the application for execution. The learned District Judge in first appeal took the opposite view and directed that execution shou...
Cooverjee H. Plumber Vs. Vasant theosophical Co-operative Housing Soci ...
Court: Mumbai
Decided on: Aug-02-1934
Reported in: AIR1935Bom91; (1934)36BOMLR1245
Mruphy, J.1. These two appeals, by Mr. Cooverji H. Plumber and Miss Khorshed F. Aria, arise out of their membership of a Society, known asthe 'Vasant Theosophical Co-operative Housing Society, Ltd.,' which had a scheme for building bungalows at Juhu. The Society's plan was to acquire a large area of land to be converted into building sites, for the erection of houses, to be inhabited by the members of the Society and to form a Theosophical Colony. The Society issued a prospectus specifying its terms and the class of bungalows which it intended to erect for its prospective members, and their estimated cost. The idea from the beginning appears to have been, not to sell any of the plots outright, but to have a system of tenant-proprietorship, but persons applying for a site could either pay for the building and the site down, or in certain cases borrow some money from the Society to be repaid by instalments. Both Mr. Plumber and Miss Aria became members of the Society by buying the requis...
Emperor Vs. Chokhu Yesu
Court: Mumbai
Decided on: Aug-01-1934
Reported in: AIR1934Bom462; (1934)36BOMLR963; 153Ind.Cas.34
John Beaumont, Kt., C.J.1. This is a reference by the District Magistrate of Poona in which he asks us to interfere with the sentence imposed by the City Magistrate, First Class, Poona. The accused was convicted under Sections 353 and 224 of the Indian Penal Code, and the Magistrate sentenced him for each of the offences to rigorous imprisonment for three months and to pay a fine of Rs. 25. There was, therefore, a separate and distinct sentence under each of the two sections. But the learned Magistrate directed that the substantive sentences should run concurrently, and the District Magistrate takes the view that that is illegal, in view of the explanation to Section 224. That explanation, provides that the punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted. In my opinion, there having been in the present case a distinct sentence unde...
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