Mumbai Court December 1935 Judgments
Tyagaraja Mudaliyar Vs. Vedathanni
Court: Mumbai
Decided on: Dec-06-1935
Reported in: (1936)38BOMLR373
John Wallis, J.1. The plaintiff Vedathanni, widow of the late Ramalinga Mudaliyar, who died without issue on December 23, 1912, instituted this suit on July 25, 1925, in the Court of the Subordinate Judge of Negapatam, against the two widows of T. Somasundara Mudaliyar, her husband's brother, who had survived him, impleading also the minor defendant No. 3 who had been adopted by the junior widow on July 1, 1925, and defendants Nos. 4 and 5 who had been appointed receivers of the family properties in the suit instituted by defendant No. 1 disputing the adoption. The plaintiff claimed to recover arrears of maintenance from January 1, 1914, when she began to live separately from her husband's family, at the rate of Rs. 10,000 a year. It was stated in the plaint that the ante-adoption deed executed on behalf of the minor defendant No. 3 by his natural father on June 21, 1925, in favour of the adopting widow had made a provision for the plaintiff's maintenance which would work out at Rs. 10...
Tag this Judgment!Chandulal Damodardas Vs. Keshavlal Kuberdas Amin
Court: Mumbai
Decided on: Dec-05-1935
Reported in: AIR1936Bom246; (1936)38BOMLR486; 163Ind.Cas.579
Macklin, J.1. The suit which has given rise to this second appeal was brought by the members of the firm known as ' The Bavla Gujarat Cotton Press ' for the specific performance of an oral agreement for a lease entered upon between the firm and one of its members, defendant No. 1. The agreement took place on September 21, 1925, and it has been found as a fact by the Courts below that its terms were that the plaintiff firm should take the property upon lease for fifty-one years beginning from the date of the agreement at an annual rent of Rs. 308-12-0, and that a formal lease was to be executed : but there is a finding that the date for the execution of the lease was left indefinite and that it depended upon defendant No. I himself having a title to convey upon the Thakore (who is admittedly the owner of the land) letting it first to Naran, and Naran then letting it to defendant No. 1. A number of defences were raised but were overruled, and the execution of a registered lease was order...
Tag this Judgment!Manchersha Ardeshir Devierwala Vs. Ismail Ibrahim Patel
Court: Mumbai
Decided on: Dec-03-1935
Reported in: (1936)38BOMLR168
Divatia, J.1. This revisional application is preferred by the original complainant against the order of discharge of the four accused who were charged with offences under Sections 421, 423 and 109 of the Indian Penal Code. The discharge order having been confirmed by the Sessions Judge, the complainant has come to this Court in revision.2. His case in substance was that he and accused Nos. 1 and 2 were partners in the business of making charcoal out of wood. These two accused had obtained the right of cutting trees and making charcoal from wood in some villages in the Bansda State. The charcoal was to be brought to Bulsar in British India for sale. The complainant was the financing partner and after accounts between the parties were made up, these accused had in 1931 pledged some ready made charcoal to the complainant for Rs. 16,000 and had agreed to deliver it to him at Bulsar. As the accused failed to do so, the complainant had filed suits against the accused. One suit was filed in T...
Tag this Judgment!Manchersha Ardeshir Devierwala Vs. Ismail Ibrahim Patel and ors.
Court: Mumbai
Decided on: Dec-03-1935
Reported in: AIR1936Bom167; 162Ind.Cas.310
Divatia, J.1. This revisional application is preferred by the original complainant against the order of discharge of the four accused who were charged with offences under Sections 421, 423 and 109, Indian Penal Code, The discharge order having been confirmed by the Sessions Judge, the complainant has come to this Court in revision.2. His case in substance was that he and accused Nos. 1 and 2 were partners in the business of making charcoal out of wood. These two accused had obtained the right of cutting trees and making charcoal from wood in some villages in the Bansda State. The charcoal was to be brought to Bulsar in British India for sale. The complainant was the financing partner and after accounts between the parties were made up, these accused had in 1931, pledged some ready made charcoal to the complainant for Rs. 16,000 and had agreed to deliver it to him at Bulser As the accused failed to do so, the complainant had filed suits against the accused. One suit was filed in Thana C...
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