Mumbai Court February 1938 Judgments
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Ganpatrao Ramji Patil Vs. Jehangir Navroji
Court: Mumbai
Decided on: Feb-02-1938
Reported in: AIR1938Bom469; (1938)40BOMLR935
John Beaumont, Kt., C.J.1. This appeal raises a very short point. The plaintiff is suing, on behalf of himself and all other creditors of defendant No. 1, for a declaration that a deed of trust dated January 15, 1929, made by defendant No. 1 in favour of himself and his wife and daughter and four other relatives is void as against the creditors under Section 53 of the Transfer of Property Act. Defendant No. 1 was adjudicated insolvent on February 4, 1932, that is more than two years after the date of the trust-deed, and, therefore, the trust-deed cannot be attacked under Section 55 of the Presidency-towns Insolvency Act, 1909.2. The learned trial Judge has held that the suit is not maintainable because the plaintiff has not obtained the leave of the Insolvency Court under Section 17 of the Presidency-towns Insolvency Act. That section provides that on the making of an order of adjudication, the property of the insolvent shall vest in the Official Assignee, and then it directs that no c...
Maneklal Kalidas Shah Vs. the Yorkshire Insurance Company Limited
Court: Mumbai
Decided on: Feb-02-1938
Reported in: AIR1939Bom161; (1939)41BOMLR353
Rangnekar, J.1. This is a suit by the appellant upon two policies of life insurance on the life of his mother Bai Kesar, widow of Kalidas Tejaji, to recover the assurance moneys payable under the said policies as the assignee thereof.2. The defendants raised several pleas, the most material of which are those contained in paragraphs 6 and 7 of the written statement. The plea in paragraph 6 is in these terms:The defendants say that the said proposal and declaration and information purporting to be signed by the said Bai Kesar was not signed by her nor was the person produced if at all, before the medical examiner the same individual as the said Bai Kesar. The defendants therefore submit that a fraud was perpetrated on the said company and that the contract of assurance is null and void, and that the defendants are not bound and liable to pay the moneys in respect of or under the said contract of assurance.It will be seen that sufficient particulars of the alleged fraud were here not giv...
P.C. Mullick Vs. the Commissioner of Income-tax
Court: Mumbai
Decided on: Feb-01-1938
Reported in: (1938)40BOMLR780
Russell, J.1. The executors of a testator (one Akshoy Kumar Ghose, deceased,) appeal from a judgment of the High Court of Judicature at Fort William in Bengal delivered on a reference by the Commissioner of Income-tax under Section 66, Sub-sections (1) and (2), of the Indian Income-tax Act.2. The testator died in October, 1931. By his will he appointed the appellants (and another) his executors. He directed them to pay his debts out of the income of his property, and to pay Rs. 10,000 out of the income of his property on the occasion of his ' addya shradh ' for expenses in connection therewith to the person entitled to perform the shradh. He also directed his executors to pay out of the income of his property the costs of taking out probate of his will. After conferring out of income benefits on his second wife and his daughter and (out of the estate) benefits on the sons, if any, of his daughter, and after providing for the payment out of income ' gradually' of diverse sums to some pe...
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