Mumbai Court July 1938 Judgments
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Rana Uma Nath Bakhsh Singh Vs. Jang Bahadur
Court: Mumbai
Decided on: Jul-08-1938
Reported in: (1939)41BOMLR659
George Rankin, J.1. Rana Sir Shanker Bakhsh Singh (born in 1840, died in 1897) Lal Chandra Bhukhan Singh RanaSir Sheoraj Singh (died on August 7, 1894) (died on, April 14, 1920) Rana Uma Nath Bakhsh Singh Kunwar Shambhu Nath Bakhsh (appellant) Singh2. Rana Sir Shanker Bakhsh Singh was taluqdar of Khajurgaon. In 1890, he had made a will appointing his eldest son Lal Chandra as his successor, but Lal Chandra having died in 1894 a new disposition was made by Sir Shanker Bakhsh Singh by a codicil dated November 1, 1894. By this codicil he gave to Sheoraj, his younger son, all his property moveable and im-moveable, including the Khajurgaon estate, but purported to provide that Sheoraj should not have power to make any son except Uma Nath Singh, his eldest son, the owner and successor to the estate 'during his presence'. It is unnecessary to discuss the effect in law of this provision. Sir Shanker Bakhsh Singh having died in 1897 was succeeded by Sheoraj who became Sir Sheoraj Singh, K.C.LE....
Ambalal Sarabhai Vs. Phiroz H. Antia
Court: Mumbai
Decided on: Jul-06-1938
Reported in: AIR1939Bom35; (1938)40BOMLR1213
Wassoodew J.1. This second appeal from the decree of the District Judge of Ahmedabad raises the question of the legality of the expulsion of a member from a social club. The plaintiff was one Phiroz Antia who at the date of this action held the appointment of Deputy Superintendent of Police in Gujarat. He became a member of the institution represented by the defendants known as 'Gujarat Club' in 1925, and was a continuing member until July, 1930. By a resolution of the General Committee of the Club passed at an extraordinary general meeting of the members on July 13, 1930, the plaintiff was expelled from the club. That resolution is in the following terms :-That Mr. P. H. Antia be excluded from membership of the Club under Rule 39.It is the plaintiff's case that the resolution offends against the principles of natural justice and is therefore illegal and ultra vires. He has accordingly claimed a declaration to that effect and also an injunction restraining the members of the Club and i...
Sooniram Ramniranjandass Vs. Alagu Nachiyar Koil
Court: Mumbai
Decided on: Jul-05-1938
Reported in: (1938)40BOMLR1236
George Rankin, J.1. On April 1, 1933, an order of adjudication under the Presidency-towns Insolvency Act, 1909, (herein called 'the Act'), was made by the High Court at Rangoon against a firm therein called the S. A. R. M. Chettyar Firm and described as carrying on business as bankers and money-lenders in Rangoon. This order was made at the instance of the appellants Sooniram Ramniranjandass as petitioning creditors. At the date of the adjudication order the insolvent firm consisted of three brothers, sons of one Ramaswami Chettyar, who had died some years before. The business was a Hindu joint family business : it had been known at one time as the S. A. Firm and had been carried on by Ramaswami's father and afterwards by Ramaswami as managing member (karta) of the family.2. On December 19, 1933, the insolvents' schedule of affairs was filed, showing as creditor No. 85 in the list of unsecured creditors, the name of a Hindu temple situate at a place called O'Siruvayal in the Ramnad dis...
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