Mumbai Court March 1937 Judgments
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Ramgopal Ramrikh Pandya Vs. Tarachand Ghanshyamdas
Court: Mumbai
Decided on: Mar-03-1937
Reported in: AIR1937Bom387; (1937)39BOMLR648
John Beaumont, Kt., C.J.1. This is an appeal from a judgment of Mr. Justice Divatia, in which he held that the Court had no jurisdiction to try the suit on the ground that the 1st defendants did not dwell or carry on business or personally work for gain within the limits of this Court's original jurisdiction.2. The plaintiffs are eight of the trustees of a deed of composition executed by a firm of Mamraj Rambhagat. The other two trustees are defendants Nos. 2 and 3, both of whom reside in Bombay. The 1st defendants are described in these terms :Messrs. Tarachand Ghanshyamdas a firm carrying on business at Shaikh Memon-. Street outside the Fort of Bombay and also at Karachi and Calcutta.The plaintiffs allege that the firm of Mamraj Rambhagat was a partner with, the 1st defendant firm of Tarachand Ghanshyamdas, and they ask for accounts of the partnership.3. It is clear from an affidavit made by the plaintiffs on a motion in the suit that originally they thought that the firm of Tarachan...
Khorshed Muncherji Kapadia Vs. Muncherji Sorabji Kapadia
Court: Mumbai
Decided on: Mar-03-1937
Reported in: AIR1938Bom86; (1937)39BOMLR1141; 173Ind.Cas.430
B.J. Wadia, J.1. Plaintiff has filed this suit against her husband for dissolution of her marriage with him on the ground of desertion under Section 32(g) of the Parsi Marriage and Divorce Act of 1936. The word 'desertion' has. not been defined, but reading Section 32(g) along with Section 2: (3) of the Act, it is-necessary for the plaintiff to prove (a) that she has been deserted by the: defendant for at least three years, and (b) that she has been deserted without reasonable cause and without her consent or against her will. It is difficult to define the word desertion so as to cover all possible facts and circumstances; but in its essence it is the abandonment of one spouse by the other with the intention of breaking off matrimonial relations between them, and thereby bringing the cohabitation to an end. Generally it is the husband who deserts his wife in some cases it is the wife who has deserted her husband. Desertion, however, must be a wilful desertion by the one against the wis...
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