Mumbai Court November 1936 Judgments
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Purshottam Balvant Gole Vs. the Secretary of State for India
Court: Mumbai
Decided on: Nov-24-1936
Reported in: (1937)39BOMLR1152; 173Ind.Cas.522
Engineer, J.1. Plaintiff No. 1 is a pleader at Akola and plaintiff No. 2 is his wife. The plaintiffs were the owners of three Government Promissory Loan Notes of the face value of Rs. 1,000 each. The notes were payable to plaintiff No. 1 or plaintiff No. 2 or order. One Acharya forged the signature of plaintiff No. 1 to endorsements on the back of the Promissory Loan Notes, purporting to transfer them to one R.V. Thakur or order. Thakur is believed to be a fictitious person. This fictitious person then purported to endorse the notes in favour of Acharya and Acharya endorsed them in favour of the Bank of India. The Bank of India got new Promissory Loan Notes issued in their favour and gave up the old promissory notes to the Public Debt Office, and the old promissory notes were thereupon cancelled.2. The plaintiffs filed this suit against the Secretary of State for India in Council for a declaration, that they were the owners of, and were entitled to possession of, the said three notes a...
Purshottam Balvant Gole and anr. Vs. Secretary of State
Court: Mumbai
Decided on: Nov-24-1936
Reported in: AIR1938Bom93
Engineer, J.1. Plaintiff 1 is a pleader at Akola and plaintiff 2 is his wife. The plaintiffs were the owners of three Govern, ment promissory loan no tea of the face value of Rs. 1,000 each. The notes were payable to plaintiff 1 or plaintiff 2 or order. One Acharya forged the signature of plaintiff 1 to endorsement on the back of the promissory loan notes, purporting to transfer them to one R.V. Thakur or order. Thakur is believed to be a fictitious person. This fictitious person then purported to endorse the notes in favour of Acharya and Acharya endorsed them in favour of the Bank of India. The Bank of India got new promissory loan notes issued in their favour and gave up the old promissory notes to the Public Debt Office, and the old promissory notes were thereupon cancelled. The plaintiffs filed this suit against the Secretary of State for India in Council for a declaration that they were the owners of, and were entitled to possession of, the said three notes and for an order that ...
Emperor Vs. Bai Dhankor
Court: Mumbai
Decided on: Nov-23-1936
Reported in: AIR1937Bom148; (1937)39BOMLR74
John Beaumont, Kt., C.J.1. This appeal came before the Court as an appeal from jail. On perusing the judgment we thought that the conviction was clearly right on the merits, but that there was ground for thinking that the sentence was rather too severe. It was formerly the practice of this Court, in such cases, to mark the appeal as admitted as to sentence, which meant in effect that the appeal was dismissed on the merits but notice issued to the Crown to show cause why the sentence should not be reduced. That practice seems to have prevailed in the High Court of Calcutta with this variation that that Court did not always give notice to the Crown. In a recent case, Emperor v. Dahu Raut : (1935)37BOMLR557 . which was an appeal from the High Court of Calcutta, this practice was challenged before the Privy Council, and the Privy Council held that the practice was not in accordance with the Code; that the High Court can dismiss the appeal summarily under Section 421, Criminal Procedure Cod...
Saiyad Jaffar El Edroos Vs. Saiyad Mahomed El Edroos
Court: Mumbai
Decided on: Nov-23-1936
Reported in: AIR1937Bom217; (1937)39BOMLR277
Broomfield, J.1. The parties to this litigation, with the exception of respondent No. 2, the Court of Wards, are members of the well-known Edrus family of Surat tracing its descent from the Prophet Mahomed, the early history of which is recorded in Sayad Abdula Edrus v. Syed Zain Syad Hasan Edrus I.L.R. (1888) 13 Bom. 555. There are certain Durgahs or Rozas (shrines) of the ancestors of the family at Surat and Broach for the maintenance of which the villages of Umraj and Orma have been dedicated under ancient grants. There are also private properties. The administration of the estate is normally carried on. by a sajjadanashin who is also mutawalli, but in the time of Syed Ali, who was sajjadanashin from 1909 to 1926, it became so impoverished that the secular management had to be taken over by the Court of Wards.2. This appeal arises in one of several suits disposed of by the First Class Subordinate Judge, Surat, in a single judgment. The particular suit with which we are concerned is ...
Saiyed Jaffar Eledrus Vs. Saiyed Mahomed El Edrus and ors.
Court: Mumbai
Decided on: Nov-23-1936
Reported in: 169Ind.Cas.232
Broomfleld, J.1. The parties to this litigation, with the exception of respondent No. 2, Court of Wards, are members of the well-known Edrus family of Surat tracing its descent from the Prophet Mahomed, the early history of which is recorded in Sayed Abdulli Edrus v. Syed Zain Syed Hasam Edrus 13 B. 555, There are certain durgahs or Jrozas (shrines) of the ancestors of the family at Surat and Broach for the maintenance of which the villages) of Umraj and Orma have been dedicated under ancient grants. There are also private properties. The administration of the estate is normally carried on by a sajjadanashin who is also mutawali, but in the time of Syed Ali, who was sajjadanashin from 1909 to 1926, it became so impoverished that the secular management had to be taken over by the Court of Wards This appeal arises in one of several suits disposed of by the First Class Subordinate Judge, Surat, in a single judgment. The particular suit, with which we are concerned is No. 586 of 1927. Plai...
Talluri Venkata Seshayya Vs. Thadikonda Kotiswara Rao
Court: Mumbai
Decided on: Nov-20-1936
Reported in: (1937)39BOMLR317
Thankerton, J.1. This is a consolidated appeal from a judgment and decree of the High Court of Judicature at Madras, dated November 30, 1927, whereby a judgment and decree of the Subordinate Judge of Masulipatam, dated February 5, 1925, was set aside and the appellants' suit was dismissed.2. The present suit was instituted on August 21, 1923, by the present appellants, along with a fifth plaintiff who died during the trial, as representing the interested public, under Order I, Rule 8, of the Code of Civil Procedure, with the requisite permission of the Subordinate Judge of Masulipatam. The plaintiffs seek a declaration that five temples of the village of Vellatur, Guntur District, are public temples and that certain inam lands, situated in Kowthavaram village, form the endowment of these temples, and they seek to have set aside : (a) a permanent lease in respect of these lands executed on December 6, 1888, by the then managers of the temples, (b) a mortgage deed on the security of thes...
The Kayastha Pathshala Vs. Bhagwati Devi
Court: Mumbai
Decided on: Nov-20-1936
Reported in: (1937)39BOMLR322
George Rankin, J.1. The question in the present case is whether a deed of trust executed by one Mahadeo Prasad as settlor on April 9, 1914, is or is not wholly invalid for the reasons alleged in paragraph 5 of the plaint as follows :-5. That the alleged deed of trust is wholly null and void, and did not in fact or in law create any valid trust and is not binding on the natural heirs of the said Chaudhri Mahadeo Prasad for the following, among other, reasons :-(a) The said deed was a mere paper transaction. It was never enforced nor acted upon during the lifetime of the said Chaudhri Mahadeo Prasad who continued to be the owner of the properties and to enjoy the profits thereof as owner as heretofore.(b) The alleged trust was not really created for any lawful purpose. The real purpose for creating the alleged trust was to prevent the devolution of the property on the death of the said Chaudhri Mahadeo Prasad according to law. The real purpose was to preserve and keep the property intact...
Bhagirathibai Vs. the Advocate General of Bombay
Court: Mumbai
Decided on: Nov-20-1936
Reported in: (1937)39BOMLR497
Kania, J.1. This summons has been taken out by the plaintiffs to obtain directions from the Court for the administration of the estate of the late Ramchandra Lalji who died in 1925 and the construction of his will dated August 12, 1924. Question No. 1.2. The first question is about the construction of Clauses 4 and 7 of the will, relevant portions whereof run as under :-4. The average monthly rent of my said Shaikh Memon Street property is about Rs. 1,000.7. I direct my executors and trustees to pay out of the said monthly rents of my said Shaikh Memon Street property a sum of Rs. 125 to each of my three daughters and Rs. 125 to my wife Bhagirathibai every month for their respective lifetime and Rs. 500 every month to my wife and on my wife's death to my daughter Soon-derbai for the family expenses for food, rent etc. of my wife and three daughters with their respective husbands or the survivors or survivor of them and if for any reason my three daughters and my wife live separately th...
Bhagirathibai and ors. Vs. Advocate-general
Court: Mumbai
Decided on: Nov-20-1936
Reported in: AIR1937Bom384
ORDERKania, J.1. This Summons has been taken out by the plaintiffs to obtain directions from the Court for the administration of the estate of the late Ramchandra Lalji who died in 1925 and the construction of his will dated 12th August 1924.2. Question No. 1,-The first question is about the construction of clauses 4 and 7 of the will, relevant portions whereof run as under:4... The average montly rent of my said Shaikh Memon Street property is about Rs. 1,000.7. I direct my executors and trustees to pay out of the said monthly rents of my said Shaikh Memon Street property a sum of Rs. 125 to each of my three daughters and Rs. 125 to my wife Bhagirthibai every month for their respective lifetime and Rs. 500 every month to my wife and on my wife's death to my daughter Soonderbai for the family expenses for food, rent etc. of my wife and three daughters with their respective husbands or the survivors or survivor of them and if for any reason my three daughters and my wife live separately...
Shaikh Shukrullah Vs. Musammat Zohra Bibi
Court: Mumbai
Decided on: Nov-19-1936
Reported in: (1937)39BOMLR316
Roche, J.1. Their Lordships think that in this case they can approve of this compromise; but they desire to point out the difficulty, in which they are placed in determining a matter such as this when they are without knowledge of the facts, which alone could be obtained by close investigation of the case itself. Their Lordships desire to intimate that they would be obliged if, in cases such as this, where a compromise which affects the interests of minors is proposed and submitted for their Lordships' approval, the Court from which the case comes upon appeal would take the matter of the proposed compromise into consideration and certify to their Lordships whether in their opinion the proposed compromise is or is not in the interests of the minor or minors. Their Lordships think that as much publicity as possible should be given to this intimation and that in future, when there is-a case of a similar kind, the parties who desire to obtain their Lordships' approval to the proposed compr...
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